Our Common Bond study notes · Part 3: Government and the law in Australia
The Law, Courts and Police
The last section of Part 3 explains how laws are enforced and which offences every resident must know about.
Key facts for the test
- •Courts, judges and police are independent of the government
- •Innocent until found guilty; everyone may have a lawyer
- •The AFP investigates crimes against federal laws
- •Offering a bribe to a police officer is a crime
- •Road rules are set by state and territory governments
Courts, judges and juries
Courts are independent and decide, based only on the evidence, whether someone has broken the law and what the penalty is. Judges and magistrates are appointed by the government, but the government cannot remove them for disagreeing with their decisions. Everyone is innocent until found guilty and has the right to a lawyer. A jury is a group of ordinary citizens chosen at random who decide whether a person is guilty; in a criminal trial the judge then decides the penalty.
The police
The police keep peace and order and protect life and property. They are independent of the government. The states and the Northern Territory have their own police forces, and the Australian Federal Police (AFP) investigates crimes against federal laws, such as drug trafficking, and does general policing in the Australian Capital Territory. It is a serious crime to bribe a police officer, and even offering a bribe is a crime.
Serious crimes and family violence
Not knowing a law is no excuse. Serious crimes include murder, assault, sexual assault, armed robbery, theft, fraud, possession of illegal drugs, dangerous driving and sexual relations with children under the age of consent. Domestic and family violence, including behaviour that controls a partner through fear, isolating family members or threatening children or pets, is illegal and can lead to jail.
Road rules
Road and traffic rules are made by state and territory governments. You need a local driver licence and a registered car. Everyone in a car must wear a seatbelt, and young children must be in an approved car seat. Driving after taking drugs, above the blood alcohol limit or while using a hand-held mobile device is against the law.
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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