Australian Constitution

The Australian Constitution is the set of rules by which Australia is governed. Australians voted for the national constitution in a series of referendums. The Australian Constitution establishes the composition of the Australian Parliament, and describes how Parliament works, what powers it has, how federal and state Parliaments share power, and the roles of the Executive Government and the High Court. It took effect on 1 January 1901.

In addition to the national Constitution, each Australian state has its own constitution. The Australian Capital Territory and Northern Territory have self-government Acts which were passed by the Australian Parliament.

Features

The Australian Constitution is divided into eight chapters and 128 sections. It sets out the basis for Australia's federal system of governance, the key features of which include:

• a federal Parliament and government, responsible for national decision-making and law-making
• a bicameral Parliament, including the Queen (represented by the Governor-General), the Senate and the House of Representatives
• six state governments, responsible for state matters
• power-sharing arrangements between the federal and state parliaments
• the High Court of Australia, which is the final court of appeal. The High Court interprets the Constitution and decides its meaning, as well as settling disputes between the federal and state governments.

The Constitution does not cover all aspects of the governance of Australia. For example, the Prime Minister and the Cabinet are not mentioned in the Constitution. While central to the way government works, the Prime Minister and Cabinet operate by custom and convention, similar to the British system from which they were derived.

The Constitution does not detail many of the rights of the Australian people. Unlike the United States' Constitution, Australia's does not include a bill of rights, such as the right to free speech. In Australia these rights are protected by common law (made by the decisions of the courts) and laws made by Parliament (statute law).

Changing the Australian Constitution

The Australian Constitution can only be changed with the approval of the Australian people. A proposed change must be approved by the Parliament and then be put to Australians in a referendum. All Australian citizens on the electoral roll vote 'yes' or 'no' to the proposed change. A referendum is only passed if it is approved by a majority of voters in a majority of states, and by a majority of voters across the nation. This is known as a double majority. Territory voters are only counted in the national majority. Since 1901, 19 referendums have proposed 44 changes to the Constitution; only eight changes have been agreed to.

List of Some Department in Australia

DEPARTMENT OF AGRICULTURE

The Australian Department of Agriculture's role is to develop and implement policies and programs that ensure Australia's agricultural, fisheries, food and forestry industries remain competitive, profitable and sustainable.

Our policies and programs:

• encourage and support sustainable natural resource use and management
• protect the health and safety of plant and animal industries
• enable industries to adapt to compete in a fast-changing international and economic environment.
• help improve market access and market performance for the agricultural and food sector
• encourage and assist industries to adopt new technology and practices, and
• assist primary producers and the food industry to develop business and marketing skills, and to be financially self-reliant.

The department employs about 4500 Full Time Equivalent staff in Australia and overseas, including policy officers, program administrators, economists, meat inspectors, researchers, veterinary officers, communicators and project managers. Our staff work in places as varied as offices, airports, mail centres, shipping ports, laboratories and abattoirs; located in regional centres, rural communities and capital cities.

DEPARTMENT OF HEALTH AND AGEING

History of the Department

The Department of Health was established in 1921 and has since undergone a number of changes in its name function and structure. The changes are briefly outlined below, including name changes, Health Ministers and Heads of Department.

Background

The Department of Health was established in 1921 and has since undergone a number of changes in its name, function and structure. 

The first change was in 1987 when the Department of Health was merged with the Department of Community Services to form the Department of Community Services and Health. 

The Department of Health, Housing and Community Services was then formed in June 1991, reflecting the transfer of housing industry programs from the Department of Industry, Technology and Commerce to the Department of Community Services and Health. 

In March 1993 the Department of Local Government joined with the Department of Health, Housing and Community Services to form the Department of Health, Housing, Local Government and Community Services. Subsequently, in 1994, the Department's name was changed to the Department of Human Services and Health. 

When a new government was elected in March 1996, the department's name changed to the Department of Health and Family Services. At this time, it gained responsibility for the Supported Accommodation Assistance Program from the former Department of Housing and Regional Development. 

The department later assumed responsibility for Aboriginal and Torres Strait Islander health matters from the Aboriginal and Torres Strait Islander Commission. 

After the October 1998 election, the department's name changed to the Department of Health and Aged Care to reflect its new responsibilities and functions. Responsibility for Family and Children's Services, Disability Programs and the Commonwealth Rehabilitation Service were transferred to the Department of Family and Community Services on 22 October 1998. 

Following the November 2001 election, Department of Health and Aged Care became the Department of Health and Ageing. The portfolio also gained the Commonwealth Rehabilitation Service from the Department of Family and Community Services. 

DEPARTMENT OF INDUSTRY

On 18 September 2013, the Department of Industry was established. This website will be updated to reflect Machinery of Government changes in due course.

The Department of Industry helps shape Australia’s future economy through skills, learning, discovery and innovation.

Together with the wider portfolio, the department is working to accelerate productivity growth and secure Australia’s prosperity in a competitive low carbon global economy.

Collaboration, education and a strong science and research base are keys to success. It  is engage with business, research bodies, tertiary education sectors, government and the broader community to create and build economic and social benefits. Its focus is on promoting innovation across the economy and shaping the businesses, industries and workforce to turn these opportunities into outcomes.

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE

The department's role is to advance the interests of Australia and Australians internationally. This involves working to strengthen Australia's security; enhancing Australia's prosperity; and helping Australian travellers and Australians overseas.

The department provides foreign and trade policy advice to the government. We work with other government agencies to ensure that Australia's pursuit of its global, regional and bilateral interests is coordinated effectively.

History

The Department of Trade and Customs and the Department of External Affairs were among the first seven Commonwealth Departments established at Federation. After nearly 90 years they amalgamated in 1987.

Up to the Second World War, the Department of Trade - and related agencies such as the Department of Commerce - played a greater role in foreign representation than did the Department of External Affairs. "External Affairs" meant in the first decades of Federation a miscellany of "overseas" functions such as immigration, off-shore fisheries, exploration of Papua New Guinea and Antarctica, and Commonwealth Government publicity.

Until the late 1930s, Australia's overseas presence was limited mainly to trade representation and commercial publicity. The 1930s saw an increasingly dangerous economic and political world. Australia realised the need to establish a Trade Commissioner Service (in 1934) and make tentative beginnings towards diplomatic representation abroad.

Role and Assets

The department's role is to advance Australia's national interest. This involves working to strengthen Australia's security and enhance Australia's prosperity.

The department provides foreign and trade policy advice to the government. We work with other government agencies to ensure that Australia's pursuit of its global, regional and bilateral interests is coordinated effectively.

DFAT is the lead agency managing Australia's international presence. We manage a network of 95 overseas posts in five continents and we have over 3600 staff - including locally engaged staff - located in Canberra, state and territory offices and overseas posts.

Our officers are highly skilled at their work which includes developing and implementing foreign and trade policy, negotiating international agreements and delivering high quality consular assistance. This business is often conducted in one of the 29 foreign languages in which DFAT staff are proficient. We have an information, communications and technology (ICT) platform that allows us to transmit classified and unclassified messages quickly across our overseas network.

The department's objective is to reduce the risks and make the most of opportunities for Australia in our regional and global environment. Our purpose is to ensure that our structures - such as procedures for advising ministers, consular contingency planning, passport services, ICT platforms, staff deployment strategies, effective resource management and the scope of overseas representation - are carefully targeted to meet our goals.

DEPARTMENT OF FINANCE

As a central agency of the Australian Government, the Department of Finance  (Finance) plays an important role in assisting government across a wide range of policy areas to ensure its outcomes are met, particularly with regard to expenditure, financial management, and the operations of government.

Essential services delivered by Finance include supporting the delivery of the Australian Government Budget, the ongoing management of the Australian Government’s non-defence domestic property portfolio and key asset sales. Finance is also responsible for the financial framework for Australian Government Agencies. Additionally, Finance provides entitlements advice and support to parliamentarians and their employees, maintains shareholder oversight for Government Business Enterprises (GBEs), provides general insurance services to government agencies and promotes improved risk management. Finance also provides strategic advice, guidance and service provision for the productive application of new and existing information and communication technologies to government operations.

Business Groups

The department is comprised of four business groups. Each group has a page which describes its specific roles and responsibilities, and contains links to documents and web pages relevant to staff within the group.

Budget Group contributes to the outcome “sustainable government finances”. It provides policy and financial advice to the Minister for Finance, senior ministers and Cabinet’s Expenditure Review Committee on government expenditure and non-taxation revenue policy issues.

The Budget embodies the policy priorities and fiscal targets for which the Government seeks Parliamentary authorisation. Budget Group supports the Government in its Budget preparation, delivery and ongoing management through the Budget Process.

Business, Procurement and Asset Management (BPAM) manages the Australian Government´s business and non-Defence property assets, implements and manages the sale or divestment of such assets and handles residual business issues. It is also responsible for the delivery of whole of government information and communications technology services, develops and maintains the Australian Government's procurement policy framework (including the initiation and management of a range of whole-of-government contracts), and manages the special claims, insurance and risk management operations within the Finance portfolio. 

The Chief Operating Officer Group works with the Secretary, Executive Board and other business groups within the Department to enhance, promote and sustain Finance's role as a trusted and professional adviser to the Government.

The Group also provides current parliamentarians and their staff (approximately 1,850), and former Senators and Members, with a range of facilities and services.

The Governance & Resource Management Group (GARM) develops and advises on the resource management framework applicable to public sector agencies, including on governance,  accounting policy issues, the Government’s investment funds (Future Fund and the Nation-building Funds), and on superannuation arrangements for members of Parliament and Commonwealth employees. The Group is also responsible for providing advice on and coordination of government information and advertising campaigns. Additionally the Group consolidates Budget updates, contributes to the preparation of the Budget statements and prepares the Commonwealth's monthly and annual consolidated financial statements.

Through the Australian Government Information Management Office (AGIMO), the Group also provides leadership in the productive application of Information and Communications Technologies (ICT) to government administration, information and services.

First Five History of the Court

Griffith court

As the first High Court, the court under Chief Justice Sir Samuel Griffith had to establish its position as a new court of appeal for the whole of Australia, and had to develop a new body of principle for interpreting the Constitution of Australia and federal legislation. Griffith himself was very much the dominant influence on the court in its early years, but after the appointment of Sir Isaac Isaacs and H. B. Higgins in 1906, and the death of foundation Justice Richard O'Connor, Griffith's influence began to decline.

The court was keen to establish its position at the top of the Australian court hierarchy. In Deakin v Webb (1904) Griffith criticised the Supreme Court of Victoria for following a Privy Council decision about the Constitution of Canada, rather than following the High Court's own decision on the Australian Constitution.

In Australian constitutional law, the early decisions of the court were influenced by United States constitutional law. In the case of D'Emden v Pedder (1904), which involved the application of Tasmanian stamp duty to a federal official's salary, the court adopted the doctrine of implied immunity of instrumentalities which had been established in the United States Supreme Court case of McCulloch v. Maryland (1803).That doctrine established that any attempt by the federal government to interfere with the legislative or executive power of the Australian states was invalid, and vice versa. Accompanying that doctrine was the doctrine of reserved State powers, which was based on the principle that the powers of the Australian parliament should be interpreted narrowly, to avoid intruding on areas of power traditionally exercise by the state parliaments. The concept was developed in such cases as Peterswald v Bartley (1904), R v Barger (1908) and the Union Label case (1908).

Together the two doctrines helped smooth the transition to a federal system of government, and "by preserving a balance between the constituent elements of the Australian federation, probably conformed to community sentiment, which at that stage was by no means adjusted to the exercise of central power." The court had a generally conservative view of the Constitution, taking narrow interpretations of section 116 (which guarantees religious freedom) and section 117 (which prevents discrimination on the basis of someone's state of origin), interpretations that were to last well into the 1980s.

Two of the original judges of the Court, Griffith and Sir Edmund Barton, were frequently consulted by governors-general, including on the exercise of the reserve powers. This practice of consultation has continued from time to time since.

Knox, Isaacs and Gavan Duffy courts

Adrian Knox became Chief Justice on 18 October 1919, and less than three months later, foundation Justice Sir Edmund Barton died, leaving no original members. The most significant case of the era was the Engineers case (1920), decided at the beginning of Knox's term. In that case, the doctrines of reserved State powers and implied immunity of instrumentalities were both overturned, and the court entered a new era of constitutional interpretation in which the focus would fall almost exclusively on the text of the Constitution, and in which the powers of the Australian parliament would gain increasing importance.

Knox was knighted in 1921, the only Chief Justice to be first knighted during his term. Some of the Knox court's early work related to the aftermath of World War I. In Roche v Kronheimer (1921), the Court upheld federal legislation which allowed for the making of regulations to implement Australia's obligations under the Treaty of Versailles. The majority decided the case on the defence power, but Higgins decided it on the external affairs power, the first case to decide that the external affairs power could be used to implement an international treaty in Australia.

Latham court

The court under Chief Justice Sir John Latham, who came to the office in 1935, was punctuated by World War II. Although it dealt with cases in other areas, its most important and lasting work related to wartime legislation, and the transition back to peace following the war.

The court upheld much legislation under the defence power, interpreting it broadly wherever there was a connection to defence purposes, in cases such as Andrews v Howell (1941) and de Mestre v Chisholm (1944). In general, the Curtin Labor government was rarely successfully challenged, the court recognising the necessity that the defence power permit the federal government to govern strongly. The court also allowed the federal government to institute a national income tax scheme in the First Uniform Tax case (1942), and upheld legislation allowing the proclamation of the pacifist Jehovah's Witnesses religion as a subversive organisation, in the Jehovah's Witnesses case (1943).

The court reined in the wide scope of the defence power after the war, allowing for a transitional period. It struck down several key planks of the Chifley Labor government's reconstruction program, notably an attempt to nationalise the banks in the Bank Nationalisation case (1948), and an attempt to establish a comprehensive medical benefits scheme in the First Pharmaceutical Benefits case (1945). However the court also famously struck down Menzies Liberal government legislation banning the Communist Party of Australia in the Communist Party case (1951), Latham's last major case.

Dixon court

Under Chief Justice Sir Owen Dixon, who was elevated to that role in 1952 after 23 years as a puisne Justice, the court enjoyed its most successful period, with British judge, Master of the Rolls Lord Denning, describing the time as the court's "Golden Age".[50] Dixon, widely regarded as Australia's greatest judge, had a commanding personal and legal influence over the court in this time, measurable in the rise in joint judgments (many of which were led by Dixon) and good relations between the Justices.

While there were fewer cases which tested the limits of federal power, which was probably due to the Menzies government which was firmly entrenched in its conservative phase throughout Dixon's tenure, the court did decide several important constitutional cases. Dixon led the court in firmly establishing the separation of powers for the judiciary in the Boilermakers' case (1956), and the court also upheld the continuing existence of the federal government's income tax scheme in the Second Uniform Tax case (1957).

During Dixon's time as Chief Justice, the court came to adopt several of the views that Dixon had advanced in minority opinions in years prior. In several cases, the court upheld Dixon's interpretation of Section 92 (one of the most troublesome sections of the Constitution), which he regarded as guaranteeing a constitutional right to engage in interstate trade, subject to reasonable regulation. It also followed Dixon's interpretation of Section 90 (which prohibits the states from exacting duties of excise), although both these interpretations were ultimately abandoned many years later.

Barwick court

Sir Garfield Barwick came to the court as Chief Justice in 1964. A significant decision of the Barwick court marked the beginning of the modern interpretation of the corporations power, which had been interpreted narrowly since 1909. The Concrete Pipes case (1971) established that the federal parliament could exercise the power to regulate at least the trading activities of corporations, whereas earlier interpretations had allowed only the regulation of conduct or transactions with the public.

The court decided many other significant constitutional cases, including the Seas and Submerged Lands case (1975), upholding legislation asserting sovereignty over the territorial sea; the First (1975) and Second (1977) Territory Senators cases, which concerned whether legislation allowing for the mainland territories to be represented in the Parliament of Australia was valid; and Russell v Russell (1976), which concerned the validity of the Family Law Act 1975. The court also decided several cases relating to the historic 1974 joint sitting of the Parliament of Australia, including Cormack v Cope (1974) and the Petroleum and Minerals Authority case (1975).

The Barwick court decided several infamous cases on tax avoidance and tax evasion, almost always deciding against the taxation office. Led by Barwick himself in most judgments, the court distinguished between avoidance (legitimately minimising one's tax obligations) and evasion (illegally evading obligations). The decisions effectively nullified the anti-avoidance legislation, and led to the proliferation of avoidance schemes in the 1970s, a result which drew much criticism upon the court.

Political Parties of Australia

Australian Labor Party

The ALP is Australia’s oldest political party, formed in 1890. The only party to have been continuously represented in the House of Representatives since 1901, it experienced three debilitating splits in the twentieth century and has governed federally for about one-third of the years since federation, most recently between 1983-96, under Bob Hawke and Paul Keating, and since 2007 under Kevin Rudd and Julia Gillard.

Liberal Party

Originally formed from a merger of the Protectionist and Free Trade parties in 1910, the Liberal Party has undergone several reformations, culminating in the present-day party that was formed by its iconic founder, Robert Menzies. Menzies governed for 16 years from 1949 and is Australia’s longest-serving prime minister. The Liberal Party has governed in coalition with the National Party for 41 of the last 61 years, most recently for nearly 12 years under John Howard (1996-2007).

The Nationals

Originally known as the Country Party, it has held seats in the federal parliament since 1919. Changing its name to the National Country Party in the 1970s, then to National Party in the 1980s, and finally to The Nationals in 2003, the rural-based party has seen a steady decline in its voter support base.

Australian Greens

The Greens are a phenomenon of the 1980s, arising out of a number of environmental battles of that time, such as the fight to save the Franklin Dam in Tasmania. Its leader, Bob Brown, was elected to the Senate in 1996. At the 2010 election, the party won the Victorian electorate of Melbourne and will have 9 senators from July 2011.

Australian Democrats

Formed in 1977 by a disaffected Liberal, Don Chipp, the Australian Democrats was once the most successful minor political party in Australian history. Whilst it never won a House of Representatives seat, since 1981 it held or shared the balance of power in the Senate for around twenty years. It is the only party to have elected not one, but five different women as leader. More recently, the party suffered a debilitating internal split, leadership instability and plummeting opinion poll ratings. Following the 2007 election, it lost all its representation in the Senate.

System Government in Australia

Australia is a federation, a constitutional monarchy and a parliamentary democracy. This means that Australia:

• Has a Queen, who resides in the United Kingdom and is represented in Australia by a Governor-General.
•  Is governed by a ministry headed by the Prime Minister.
•  Has a two-chamber Commonwealth Parliament to make laws.
• A government, led by the Prime Minister, which must have a majority of seats in the House of Representatives.
• Has eight State and Territory Parliaments.

This model of government is often referred to as the Westminster System, because it derives from the United Kingdom parliament at Westminster.

A Federation of States

Australia is a federation of six states, each of which was until 1901 a separate British colony. The states – New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania - each have their own governments, which in most respects are very similar to those of the federal government. Each state has a Governor, with a Premier as head of government. Each state also has a two-chambered Parliament, except Queensland which has had only one chamber since 1921. There are also two self-governing territories: the Australian Capital Territory and the Northern Territory. The federal government has no power to override the decisions of state governments except in accordance with the federal Constitution, but it can and does exercise that power over territories.

A Constitutional Monarchy

Australia is an independent nation, but it shares a monarchy with the United Kingdom and many other countries, including Canada and New Zealand. The Queen is the head of the Commonwealth of Australia, but with her powers delegated to the Governor-General by the Constitution. By convention, the Governor-General can act only on the advice of the elected government.

The Governor-General of Australia is appointed by the Queen on the advice of the Australian government. The Governor-General appoints the ministry and dissolves the parliament, acting on the advice of the Prime Minister.

In the early years of Federation, the Governor-General was appointed by the British government and was usually a British peer. In 1930 the Australian government asserted the right to make the selection, and Sir Isaac Isaacs became the first Australian to be appointed to the office. Since 1965, all Governors-General have been Australians.

The issue of Australia’s constitutional status as a monarchy is a contentious one. Australia has a strong movement which advocates the establishment of a Republic. The movement to retain the monarchy is also strong. In 1999, voters rejected a proposal for a republic in a national referendum.

A Parliamentary Democracy

The Constitution defines the Parliament of Australia as the Queen, the Senate and the House of Representatives. Parliament is the basis of Australia’s tradition of responsible government. In addition to making laws, Parliament holds ministers and the government accountable for their actions. Ministers must be members of the Commonwealth Parliament and regularly answer questions about their portfolios asked by other members.

The Senate

The Senate is the ‘upper house’ and represents the six Australian states and two self-governing territories. All states, regardless of population, elect twelve senators, while each territory elects two. There are 76 Senators in total. Senators serve six-year terms, except for territory senators, whose term is the same as the House of Representatives.The Senate is elected by a form of proportional representation known as the single transferable vote model. A half-Senate election is normally held every three years. 

The House of Representatives

Australia is divided into 150 single-member electorates, each representing about eighty to ninety thousand voters and each with a Member of the House of Representatives. Each state has a number of electorates proportional to its population. The largest state, New South Wales, has forty-nine electorates while the smallest, Tasmania, has five. Elections for the House of Representatives are usually held every three years. 

Double Dissolutions

On rare occasions, the entire membership of both houses of parliament are dissolved at the same time. This double dissolution can only take place if the Senate rejects the same legislation twice over a period of three months. There have been only six double dissolutions held in Australia – in 1914, 1951, 1974, 1975, 1983 and 1987. On one occasion, in 1974, the legislation that had been rejected by the Senate was then passed by a joint sitting of both houses.

The Executive Council

The power to make government decisions rests with a body known as the Executive Council.The Governor-General presides over its meetings. The Executive Council is made up of all members of the federal Ministry. It is a separate body to Cabinet, and all decisions made by the government need to be confirmed by the Executive Council. This is almost always a formality.

Cabinet

Cabinet is where most significant government decisions are actually made. Cabinet consists of the most senior ministers in the government: the Prime Minister is its head and runs its meetings. Since 1949 the Cabinet has mostly consisted of only the senior ministers in a government, with the other ministers attending when business concerning their portfolio is on the agenda. The exception was 1972-75, when Prime Minister Whitlam appointed all his ministers to the Cabinet.Neither Cabinet nor the Prime Minister are mentioned in the Constitution: their roles are a matter of long-established convention.

First Five Prime Ministers in Australia

First Australian Prime Minister, appointed in lieu of William Lyne after the Hopetoun Blunder. Elected 1901 (inaugural federal election). Introduced Immigration Restriction Act 1901 to limit non-European settlement of Australia (commonly known as the White Australia Policy). Retired to pursue judicial career.

Sir Edmund Barton

(1849–1920)

Elected 1903; three-way hung Parliament, with government reliant on Labor support. Unable to pass any legislation; resigned.

Re-elected 1906. Passed extensive legislation; Arranged for Australian control of Papua and Northern Territory; expanded High Court to five justices.

Alfred Deakin

(1856–1919)

First Labor Prime Minister in the world. Enacted tax reforms. Minority government; sought a double dissolution to allow an election; refused by the Governor-General; resigned.

Chris Watson
(1867–1941)

Premier of New South Wales 1894–1899; first former state premier to become Prime Minister. Minority government; resigned when Protectionists and Labor formed an alliance.

Sir George Reid

(1845–1918)

Seat of Government Act, providing for a federal capital at Canberra; Workers' wage reform; Prepared for establishment of the Navy. Ousted by Parliamentary majority held by the newly merged Commonwealth Liberal Party.

Andrew Fisher

(1862–1928)