Year 9 Civics & Citizenship · Government and Democracy · 10m read

Australia's System of Government

Ever wondered why Australia has a Prime Minister AND a Governor-General, or how laws actually get made? Australia's government is a unique blend of British traditions and democratic values, split between federal, state, and local levels—each with different powers. Knowing how this system works helps you understand current events, your rights as a citizen, and how decisions affecting you actually happen.

Learning objective: Describe the key features of Australia's system of government.

By the end of this lesson you can:

I can explain the three branches of government.
I can describe how the Australian Constitution works.
I can explain the roles of the federal and state governments.

Government is a three-legged stool. Parliament (makes laws), executive (carries them out) and courts (interpret them) are three legs. Remove one and the stool topples.

How Australia's government is structured

CONSTITUTIONAL MONARCHY AND PARLIAMENTARY DEMOCRACY:
• Australia is a constitutional monarchy — the King is Head of State, represented by the Governor-General.
• Federal parliamentary democracy — elected representatives make laws.

THREE BRANCHES OF GOVERNMENT:
1. LEGISLATURE (Parliament) — makes laws.
– Senate (76 senators, 12 per state + 2 per territory).
– House of Representatives (151 members, population-based).
2. EXECUTIVE (Cabinet, Prime Minister) — implements laws.
– Prime Minister leads the party/coalition with a majority in the House.
– Cabinet consists of senior ministers who run government departments.
3. JUDICIARY (Courts) — interprets and applies laws.
– High Court is the final authority on constitutional matters.

SEPARATION OF POWERS: Each branch has distinct roles; checks and balances prevent abuse.

THE CONSTITUTION (1901):
• Sets out the rules for federal government.
• Can only be changed by REFERENDUM (majority of voters + majority of states).
• Divides powers: exclusive (federal only), concurrent (shared), residual (states).

FEDERAL VS STATE:
• FEDERAL: defence, immigration, foreign policy, social security, Medicare.
• STATE: education, health, roads, police, emergency services.
• LOCAL: rubbish, parks, local roads, planning.

RESPONSIBLE GOVERNMENT:
• The government must maintain the "confidence" of the House of Representatives.
• If it loses a vote of no confidence, the government must resign or call an election.

AARI TIP: Ask Aari to explain how a bill becomes a law in the Australian Parliament.

Three branches quick guide

Legislature: Parliament — makes laws. Senate + House of Reps.
Executive: PM + Cabinet — runs government departments, implements laws.
Judiciary: Courts — interprets and applies laws; High Court is final.

Quick reference

| Branch | Who | Role |
|---|---|---|
| Legislature | Parliament | Makes laws |
| Executive | PM, ministers, G-G | Implements laws |
| Judiciary | Courts | Interprets laws |
| Federal system | Commonwealth + states | Division of powers |
| Constitutional monarchy | King, represented by G-G | |

Worked example (Medium)

Why is the separation of powers important in a democracy?

Prevents concentration. If one person or group controlled all three branches, they could make, enforce and interpret laws however they wished — effectively a dictatorship.
Checks and balances. Each branch can limit the power of the others. Courts can strike down laws; Parliament can investigate the executive; the executive cannot directly control courts.
Example. When the High Court ruled the government's deportation of asylum seekers unconstitutional, the judiciary checked executive power — showing separation of powers working.

Answer: Separation of powers prevents authoritarian concentration of power and ensures government is accountable through checks and balances.

Worked example (Hard)

In 2017, several Australian MPs were found to hold dual citizenship, which is prohibited under Section 44 of the Constitution. Explain the constitutional issue, the role of the High Court, and what this case reveals about the separation of powers.

The constitutional rule. Section 44(i) of the Australian Constitution states that any person who holds citizenship of a "foreign power" is ineligible to sit in Parliament. Several sitting MPs and senators were found to be dual citizens by descent.
High Court's role. The High Court, sitting as the Court of Disputed Returns, ruled that the affected MPs were ineligible and their seats were vacated. The Court applied a strict interpretation of the Constitution.
Separation of powers in action. The judiciary (High Court) checked the legislature (Parliament) by enforcing constitutional requirements that Parliament alone could not waive. Even the Deputy Prime Minister was removed — showing no one is above the Constitution.
Broader implications. This case demonstrated that the Constitution is the supreme law, the judiciary is truly independent, and the separation of powers operates even when politically uncomfortable for the government.

Answer: The dual citizenship crisis showed the High Court enforcing constitutional limits on Parliament — a practical demonstration of the separation of powers protecting democratic integrity.

Common mistakes

Saying the Prime Minister is elected by the people. The PM is not directly elected — voters elect MPs in local electorates. The PM is the leader of the party (or coalition) that wins a majority in the House of Representatives. Fix: Write: "The PM is chosen as the leader of the majority party in the House of Representatives, not directly elected by voters."
Confusing the executive and legislature because the PM sits in Parliament. In Australia, members of the executive (PM and Cabinet) ARE members of Parliament — but they have distinct roles. Parliament makes laws; the executive implements them. Fix: Acknowledge the overlap but emphasise the different functions: "While the PM sits in Parliament, their executive role is to implement laws, not make them."
Thinking a referendum only needs a majority of voters to pass. Section 128 requires a "double majority" — a national majority of voters AND a majority of voters in at least 4 of 6 states. Fix: Always state both requirements: "A referendum needs a majority of all voters nationally AND a majority in at least 4 of 6 states."

Responsible Government and the Reserve Powers

Australia's system includes a rarely discussed but powerful feature: the reserve powers of the Governor-General. These are powers exercised without (or even against) the advice of the Prime Minister.

The most dramatic use occurred on 11 November 1975, when Governor-General Sir John Kerr dismissed Prime Minister Gough Whitlam after the Senate blocked the government's budget (supply). Kerr appointed Opposition Leader Malcolm Fraser as caretaker PM and called an election.

This remains Australia's greatest constitutional crisis. It raised fundamental questions:
- Can an unelected representative of the monarch dismiss an elected PM?
- Should the Senate be able to block supply?
- Does "responsible government" mean responsible to the House of Representatives alone?

The crisis led to no constitutional change but shaped conventions: no Senate has blocked supply since. The episode illustrates how Australia's system relies on conventions (unwritten rules of political behaviour) as much as the written Constitution. When conventions break down, the system faces its greatest tests.

Practice questions

The Australian Constitution can only be changed by:
1. A vote in Parliament
2. A decision by the Prime Minister
3. A referendum — majority of voters + majority of states
4. A High Court ruling
(1 marks)
Explain the difference between federal and state government responsibilities in Australia.
(3 marks)

Summary

Explain the three branches of government.
Describe how the Australian Constitution works.
Explain the roles of the federal and state governments.