Notes on Australian Government, Law and Democracy

Parliament vs Government

  • Parliament:

    • Composition: Two houses (House of Representatives, Senate).
    • Function: Makes, debates, and passes laws; represents the people; scrutinizes Government.
    • Members: Elected representatives (MPs).
  • Government:

    • Composition: Formed by the majority party in the House of Representatives.
    • Function: Executes and enforces laws; runs the country; implements policies.
    • Members: Prime Minister and ministers from elected MPs.

House of Representatives/Senate

  • House of Representatives (Lower House):

    • Members: 151 (one from each electoral division).
    • Role: Initiates and passes legislation.
    • Elections: Every three years (preferential voting).
  • Senate (Upper House):

    • Members: 76 (12 from each state, 2 from each territory).
    • Role: Reviews and amends legislation; represents states.
    • Elections: Every six years (proportional representation).

Key Concepts of Australian Democracy

  • Representative Democracy: Citizens elect representatives.
  • Constitutional Monarchy: Monarch’s powers limited by the constitution.
  • Federation of States: Multiple states with their own governments.
  • Separation of Powers: Division of legislative, executive, and judicial powers.

Active Citizenship

  • Encouragement to participate via voting, community groups, and engagement with representatives.
  • Compulsory Voting: Mandatory participation in elections.
  • Rule of Law: Everyone is subject to the law; laws protect individual rights.

Law Types

  • Statutory Law: Laws enacted by legislative bodies.
  • Common Law: Based on judicial decisions and precedents.
  • Independent Judiciary: Ensures impartial justice.

Political Parties

  • Major Parties:

    • Australian Labor Party (ALP): Center-left; focuses on social justice.
    • Liberal Party: Center-right; advocates for free markets and individual liberties.
    • National Party: Represents rural interests.
    • Australian Greens: Emphasizes environmental and social justice.
    • One Nation: Right-wing and nationalist.
  • Functions of Political Parties:

    • Representation and policy development.
    • Forming government based on majority in Parliament.

Political Media

  • Types:
    • Print Media: Newspapers and magazines.
    • Broadcast Media: TV and radio.
    • Digital Media: Online news, social media.
    • Public Broadcasting: Unbiased political coverage.

Voting Process in Australia

  • Compulsory Voting: Required for citizens.
  • Preferential Voting: Rank candidates in House elections.
  • Proportional Representation: For Senate seats allocation.
  • Secret Ballot: Privacy in voting.
  • Administered by the Australian Electoral Commission (AEC).

Court Hierarchy

  1. High Court: Final authority on constitutional matters.
  2. Supreme Courts: Highest in each state/territory, handles serious cases.
  3. County Courts: Handle serious, except most serious cases.
  4. Magistrates' Courts: Handle minor offences.

Right of Appeal

  • Allows review of court decisions by higher courts; essential for error correction, fairness, consistency, and protection of rights.

Criminal vs Civil Law

  • Criminal Law: Offenses against the state; aims to punish wrongdoing (e.g., theft, murder).
  • Civil Law: Disputes between individuals or organizations; aims for resolution and compensation (e.g., contract disputes, tort claims).