Our Common Bond study notes · Part 3: Government and the law in Australia
Federation, the Constitution and the Head of State
At the ceremony you pledge to uphold and obey Australia's laws. Part 3 begins with how the system of government was created and who holds which power.
Key facts for the test
- •The Constitution came into effect on 1 January 1901
- •Changing the Constitution needs a referendum with a double majority
- •Three powers: legislative, executive and judicial
- •Head of State: the King of Australia, King Charles III
- •Governor-General gives Royal Assent and is Commander-in-Chief
Why the colonies federated
Before 1901 Australia was six separate, self-governing British colonies with their own laws on defence, immigration, trade and transport. This made trade slow and expensive and defence weak, while a national identity was already forming through sport, songs, poems and art. On 1 January 1901 the colonies united as the Commonwealth of Australia.
The Australian Constitution
The Constitution was passed as part of a British Act of Parliament in 1900 and came into effect on 1 January 1901. It created the Parliament, with a House of Representatives and a Senate, and the High Court, which has the final power to interpret and apply the law. The Constitution can only be changed by a referendum with a double majority: a majority of voters in a majority of states and a majority of voters nationally. In the 1967 Referendum more than 90 per cent voted Yes to count Aboriginal peoples in the Census.
Separation of powers
Power is divided so that no single person or group holds it all. Legislative power (making laws) belongs to Parliament. Executive power (putting laws into practice) belongs to the Prime Minister, ministers and the Governor-General. Judicial power (interpreting and applying laws) belongs to the courts, which are independent of parliament and government.
The King and the Governor-General
Australia is a constitutional monarchy. The Head of State is the King of Australia, His Majesty King Charles III, who acts according to the Constitution and has no day-to-day role in government. On the Prime Minister's advice he appoints the Governor-General as his representative. The Governor-General is neutral and signs Bills into law (Royal Assent), approves the appointment of the government and ministers, starts the process for a federal election and is Commander-in-Chief of the Defence Force. Each state has a Governor. The leader of the Australian Government is the Prime Minister.
Summarised in our own words from Australian Citizenship: Our Common Bond, Department of Home Affairs, licensed under CC BY 4.0. This is not an official publication.
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