99-580: The Transport Matters Party was an Australian political party active in Victoria . The party was registered with the Victorian Electoral Commission on 30 April 2018, after an application was received by the VEC on 9 January 2018. Co-founder Rod Barton announced on 23 June 2023 that the party would disband after an unsuccessful membership drive. It was formally dissolved on 28 July 2023. The party
198-529: A "Washminster mutation". Australia is a federation , with different powers and responsibilities for the three levels of government: the federal government, the states and territories and local government . The federal nature and the structure of the Parliament of Australia were the subject of protracted negotiations among the colonies during the drafting of the Constitution. The House of Representatives
297-495: A Minister, their appointment lapses if they do not gain a seat in either house of the Parliament within three months. This provision was necessary in 1901, as the first government was sworn in on 1 January but the first parliament was not elected until late March (see 1901 Australian federal election ). However, the provision is still relevant, such as the appointment of Bob Carr as Foreign Minister in 2012 prior to his appointment to
396-557: A NSW statute was invalidated since it purported to confer not-judicial functions to court. The principle that a State Court cannot be assigned powers that are incompatible with its constitutionally protected independence was extended to Territory Courts in Ebner v Official Trustee in Bankruptcy (2000). The legislature can allocate the executive some of its powers, such as of the making of regulations under an Act passed by Parliament. Similarly,
495-603: A by-election for a lower house seat, which he won, but between his resignation from the Senate and being elected to the House of Representatives, he remained Prime Minister without holding any seat in Parliament. In Victorian Stevedoring & General Contracting Co Pty Ltd v Dignan , the High Court of Australia held that it was impossible, consistent with the British tradition, to insist upon
594-639: A centre-left policy agenda; in addition to the party's core focus on transport, it also championed environmental issues and small business interests. The party advocated for major transport projects including the East West Link , the North East Link , the West Gate Tunnel , the Suburban Rail Loop and a fully publicly-owned Melbourne Airport rail line . The party's policy priorities included: At
693-505: A coalition of groups on a particular issue, usually after debate by the Opposition and Independents. The Constitution does, moreover, provide for one form of physical separation of executive and legislature. Section 44, concerning the disqualifications applying to membership of Parliament, excludes from Parliament government employees (who hold "an office of profit under the crown" (iv)) along with people in certain contractual arrangements with
792-514: A failure to vote attracting a $ 20 fine. All non-Indigenous women gained the right to vote in federal elections in 1902 and in all states by 1908. All seats in the House of Representatives are contested in each election. Members are elected using preferential voting , in which the winning candidate obtains over 50% of votes after distribution of preferences; therefore, preference flows from lower-polling candidates are frequently significant in electoral outcomes. Senate elections are contested by half
891-533: A manifestation of the separation of powers, a ' Chapter III Court ' cannot make administrative decisions. In administrative law this means that the courts cannot substitute an original decision of the executive, but can only decide on its correctness. The doctrine of persona designata permits non-judicial functions to be conferred on judges in their personal capacity, as opposed to their judicial capacity. However, in Hindmarsh Island Bridge case , it
990-660: A revival in the High Court's application of the doctrine since 2009. One recent case was South Australia v Totani , which involved a challenge to the validity of the Serious and Organised Crime (Control) Act 2008 (SA). Section 14(1) of the Act required members of the Magistrates' Court of South Australia to make control orders on application by the Commissioner of Police, provided only that
1089-509: A section by which the relevant "power of the Commonwealth" is "vested" in the appropriate persons or bodies. On the other hand, the Constitution incorporates responsible government , in which the legislature and the executive are effectively united. This incorporation is reflected in sections 44, 62 and 64 of the Constitution. Currently in Australia, there is no constitutional system where there
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#17328916602461188-471: A specific policy area and reporting directly to a senior Cabinet minister. The Constitution of Australia does not explicitly mention Cabinet; it existing solely by convention, with its decisions not in and of themselves having legal force. However, it serves as the practical expression of the Federal Executive Council , which is Australia's highest formal executive governmental body. In practice,
1287-483: A strict separation between legislative and executive powers. It was found that legislative power may be delegated to the executive, and as a result upheld the validity of delegated legislation . By contrast, in its insistence on a strict separation of "judicial power", the High Court has been less willing to compromise. Furthermore, the role of the courts was discussed in Kable v Director of Public Prosecutions (NSW) , whereby
1386-510: Is responsible to the Parliament , of which they must be (or shortly become) members. In the Senate, 12 senators are from each State and 2 senators from the ACT and the NT respectively are elected by an optional preferential single transferable vote system. State senators serve staggered fixed six year terms, with half up for election each three years. Territory senators serve a non fixed term equal to that of
1485-470: Is a complete separation of powers. In the Westminster system, ministers (executive) are required to sit in Parliament (legislative). This is to adhere with the concept of Responsible Government, which is a requirement of section 64 of the Constitution . The specific requirement for ministers to sit in Parliament established the connection between executive and legislative, though any person may be appointed
1584-547: Is a significant power due to high levels of vertical fiscal imbalance arising because of the limited revenue raising capabilities of the states. In addition, Australia has several territories, two of which are self-governing: the Australian Capital Territory and the Northern Territory . As these territories' legislatures exercise powers devolved to them by the Commonwealth, the Parliament of Australia has
1683-432: Is difficult to apply as many actions by executive agencies are wide ranging, binding and conducted independently of Parliament. Ultimately whether a power is executive or legislative is determined on a case by case basis, and involves the weighing up of various factors, rather than the application of a strict test. The Federal Executive Council is a formal body which exists and meets to give legal effect to decisions made by
1782-503: Is elected on a basis that reflects the differing populations of the states. Therefore, the most populous state, New South Wales , has 48 members, while the least populated, Tasmania , has only five. But the Senate is elected on a basis of equality among the states: all states elect 12 senators, regardless of population. This was intended to ensure that smaller states retained influence over legislation and that laws could not be passed with only
1881-623: Is found in section 122 , located in Chapter VI New States. How section 122 relates to Chapter III is "a problem of interpretation ... which has vexed judges and commentators since the earliest days of Federation" Three of the six judges in the Stolen Generations case , held that the separation of powers doctrine did not apply to the power to make laws for a territory under section 122 of the Constitution. The High Court went on to hold in 2004 that federal jurisdiction can be invested by
1980-453: Is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the states , and interprets the Constitution of Australia. The High Court is mandated by section 71 of the Constitution , which vests in it
2079-480: Is the council of senior ministers, responsible to the Parliament. The ministers are appointed by the governor-general, on the advice of the prime minister, who serve at the former's pleasure. Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. Outside the cabinet there is an outer ministry and also a number of junior ministers, called assistant ministers (formally parliamentary secretaries ), responsible for
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#17328916602462178-483: Is the principle the power of state should be shared between multiple bodies, in order to avoid the concentration of power in one entity. The legislature proposes and debates laws that the executive then administers, and the judicial arbitrates cases arising from the administration of laws and common law . However, in accordance with Westminster system , there is no strict separation between the executive and legislative branches, with ministers required to also be members of
2277-407: Is the world's sixth oldest continuous democracy and largely operates as a two-party system in which voting is compulsory . The Economist Intelligence Unit rated Australia a " full democracy " in 2022. Like other Westminster-style systems of government , Australia's federal system of government consists of three branches : the legislative ( Parliament ), the executive (the prime minister ,
2376-678: The Sydney Morning Herald has reported that ministerial positions are allocated to the Left and Right factions on a proportional basis according to their representation in Parliament. The Left selects their ministers nationally, whilst the Right assigns ministers according to state based quotas. The cabinet meets not only in Canberra but also in state capitals, most frequently Sydney and Melbourne. Kevin Rudd
2475-441: The 1990 federal election The most recent Australian federal election, which took place on 21 May 2022 , saw the election of a historically large crossbench in the House of Representatives consisting of six minor party members and ten independents. Australia's six states and the two largest territories are structured within a political framework similar to that of the Commonwealth. Each state has its own bicameral parliament, with
2574-544: The 2018 Victorian state election , the party was the beneficiary of a highly convoluted series of preference flows in the group voting ticket for the Legislative Council organised by Glenn Druery . With these beneficial preferences it was estimated that the party could get elected on less than 0.3% of the vote in the Eastern Metropolitan Region . Ultimately, the party polled 0.62% of the vote and Barton
2673-475: The Cocos (Keeling) Islands , have never been self-governing. The third level of governance is local government , in the form of shires , towns or cities. The councils of these areas are composed of elected representatives (known as either councillor or alderman , depending on the state). Their powers are devolved to them by the state or territory in which they are located. The Australian Constitution sets down
2772-583: The Country Party , the leader of the junior Coalition party has had the right to nominate their party's members of the Coalition ministry, and to be consulted by the Prime Minister on the allocation of their portfolios. When Labor first held office under Chris Watson , Watson assumed the right to choose members of his Cabinet. In 1907, however, the party decided that future Labor Cabinets would be elected by
2871-461: The District Court of South Australia , through its Administrative and Disciplinary Division, conducts merits review of administrative decisions, a function which at Commonwealth level can only be exercised by Executive tribunals. Nevertheless, a degree of judicial independence is maintained at State level by convention. The federal separation of powers also has implications for State courts, due to
2970-495: The Queen from the Constitution and replaced the governor-general with a president nominated by the prime minister, but subject to the approval of a two-thirds majority of both houses of Parliament. The proposal was defeated. The Australian Republican Movement continues to campaign for an end to the monarchy in Australia , opposed by Australians for Constitutional Monarchy and Australian Monarchist League . The Parliament exercises
3069-630: The Senate and the House of Representatives . Section 51 of the Constitution provides for the Australian government's legislative powers and allocates certain powers (known as heads of power ) to the federal government. All remaining legislative power is retained by the six states (previously separate colonies). Further, each state has its own constitution, so that Australia has seven parliaments, with legislative power shared between them. The High Court of Australia rules on legal disputes which arise between
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3168-700: The US there is only one common law of the nation, rather than a common law for each state. Additionally, unlike Canada and the US, there is no distinct federal common law. Federal judicial power is vested in the High Court of Australia and such other federal courts created by the Parliament, including the Federal Court of Australia , the Family Court of Australia , and the Federal Circuit Court of Australia . Additionally,
3267-697: The Whitlam government . When the non-Labor parties are in power, the prime minister makes all Cabinet and ministerial appointments at their own discretion, although in practice they consult with senior colleagues in making appointments. When the Liberal Party and its predecessors (the Nationalist Party and the United Australia Party ) have been in coalition with the National Party or its predecessor
3366-451: The cabinet , other ministers , and government departments), and the judicature (the High Court of Australia and other federal courts ). The Australian government consists of the party or coalition that had majority support in the lower house and exercises both executive (as ministers) and legislative (through control of the House) power. The federal Parliament (as defined in section 1 of
3465-515: The judicial power of the Commonwealth of Australia. The High Court was constituted by the Judiciary Act 1903 (Cth) . The High Court is composed of seven Justices: the Chief Justice of Australia , presently Stephen Gageler , and six other Justices. The state supreme courts are also considered to be superior courts, those with unlimited jurisdiction to hear disputes and which are the pinnacle of
3564-459: The legislative power of the Commonwealth by enacting legislation. It also supervises the executive actions of the government, through activities such as question time and Senate estimates. The Australian Parliament is bicameral and consists of the King of Australia , the 76 member Senate (the upper house ) and the 151 member House of Representatives (the lower house ). The Australian government
3663-724: The passage and adoption of the Statute of Westminster , the Monarch of Australia (along with the monarchies of the other dominions) is a separate office from the Monarch of the United Kingdom , despite being held by the same person. As such, in Commonwealth matters, the monarch is only advised by Commonwealth ministers. By the Royal Style and Titles Act 1953 , the Australian Parliament gave
3762-543: The Australian Parliament in a Territory court as well as in a State court. In 2015 the question was again considered by the High Court where Gageler J, and Keane J, held that the power under section 122 was not constrained by the doctrine of separation of powers enshrined in Chapter III of the Constitution. Keane J similarly held . The other members of the Court, French CJ, Kiefel and Bell JJ, and Nettle and Gordon JJ, found it
3861-621: The British Parliament enacting laws to override the Australian Constitution was also removed. Federal elections are held at least once every three years. The prime minister can advise the governor-general to call an election for the House of Representatives at any time, but Senate elections can only be held within certain periods prescribed in the Australian Constitution . Although it is possible to hold elections for
3960-724: The Cabinet, and to carry out various other functions. All ministers are members of the council and are entitled to be styled The Honourable for life. The governor-general usually presides at council meetings, but in his or her absence another minister nominated as the Vice-President of the Executive Council presides at the meeting of the council. Since 1 June 2022, the vice-president of the Federal Executive Council has been Senator Katy Gallagher . The Cabinet of Australia
4059-625: The Commonwealth. This was demonstrated in 1992 after Independent MP, Phil Cleary, had won the Victorian seat of Wills. Cleary, on leave without pay from the Victorian Education Department at the time of his election, was held in Sykes v Cleary to be holding an office of profit under the Crown and disqualified. The Court noted that that Section 44's intention was to separate executive influence from
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4158-475: The Constitution ) comprises the monarch and is bicameral (has two chambers): the House of Representatives (lower house) and Senate (upper house). The House of Representatives has 151 members , each representing an individual electoral district of about 165,000 people. The Senate has 76 members: twelve from each of the six states and two each from Australia's internal territories, the Australian Capital Territory and Northern Territory . Separation of powers
4257-693: The Constitution is that the powers of the Parliament are found in Chapter I , executive powers are in Chapter II and judicial powers are in Chapter III . In 1915 it had been held that the separation of powers precluded the exercise of judicial power by the Inter-State Commission , provided for at section 101 , in Chapter IV Finance and Trade. The power to make laws for the government of the territories
4356-413: The Constitution. To become effective, the proposals must be put to a referendum of all Australians of voting age and must receive a double majority : a majority of all votes, and a majority of votes in a majority of states. Section 1 of the Australian Constitution creates a democratic legislature, the bicameral Parliament of Australia which consists of the monarch and two chambers of parliament,
4455-435: The Executive Council in the absence of the governor-general. Until 1956 all members of the ministry were members of the Cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956 Robert Menzies created a two-tier ministry, with only senior ministers holding Cabinet rank, also known within parliament as the front bench . This practice has been continued by all governments except
4554-417: The Federal Executive Council meets solely to endorse and give legal force to decisions already made by the Cabinet. All members of the Cabinet are members of the Executive Council. While the governor-general is nominal presiding officer, they almost never attends Executive Council meetings. A senior member of the Cabinet holds the office of vice-president of the Executive Council and acts as presiding officer of
4653-426: The High Court held that all matters falling within section 75 , and section 76 , of the Constitution formed part of the judicial power of the Commonwealth, including a dispute between the residents of different States. It followed that the federal separation of powers meant that a State tribunal was unable to determine a dispute between residents of different States. One of the bases for the separation of powers in
4752-402: The High Court is to recognise that separation of powers requires not only that the "political branches" should not interfere with judicial activity, but also that the judiciary should leave politicians and administrators alone. The importance of deference has been acknowledged in extrajudicial writings, and in decisions such as Drake v Minister for Immigration & Ethnic Affairs (No 2) . As
4851-572: The House and Senate separately, it is the convention to hold simultaneous elections for both houses; every national election since 1974 has been for both the House and the Senate. Voting has been compulsory federally since 1924, except for Indigenous Australians. All restrictions on Indigenous people's right to vote were removed in 1962, but this right remained optional until both voting and enrolment became compulsory in 1984. Federal enrolment for non-Indigenous Australians has been compulsory since 1911. Compulsory voting laws are actively enforced, with
4950-405: The House in order to obtain a seat, minor parties have often focused their election efforts on the upper house. This is true also at state level (only the two territories and Queensland are unicameral ). Historically it has been comparatively rarer for minor parties and independents to win seats in the House of Representatives, although the size of the crossbench has been on an increasing trend since
5049-463: The House of Representatives, usually around three years. The most recent general election was on 21 May 2022 . In the House of Representatives, also known as the people's house, 151 members are elected using full preferential voting in single member electorates (also known as seats ). Elections are held once at least every three years, however the prime minister (historically the Cabinet) may request
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#17328916602465148-421: The House of Representatives. The Leader of the Opposition heads shadow cabinet, composed of shadow ministers who mirror, scrutinise and oppose government ministers and act as the government in waiting. Although the government, by virtue of commanding a majority of members in the lower house of the Parliament, can usually pass its legislation and control the workings of the House, the opposition can considerably delay
5247-513: The Magistrate was satisfied that the person subject to the control order was a member of a declared organisation. Even though the functions of the Magistrates' Court under the Act are purely a matter of South Australian law, the fact that the Court is also capable of exercising federal jurisdiction was held to require that it maintain certain standards of independence and impartiality so that it retain
5346-451: The Parliament has the power to enact laws which vest federal authority in state courts. Since the Constitution requires a separation of powers at the federal level, only courts may exercise federal judicial power; and conversely, non-judicial functions cannot be vested in courts. State judicial power is exercised by each state's supreme court, and such other courts and tribunals created by the state parliaments. The High Court of Australia
5445-585: The Queen the title Queen of Australia , and in 1973 titles with any reference to her status as Queen of the United Kingdom and Defender of the Faith as well were removed. Under the conventions of the Westminster system the governor-general's powers are almost always exercised on the advice of the Prime Minister or other ministers. However, the governor-general retains some reserve powers , being powers not subject to
5544-409: The Senate can still block supply (the annual bill authorising government expenditure), but this has only happened once, during the 1975 Australian constitutional crisis . Parliamentarians belong to either the government, the opposition or sit on the cross-bench (which includes independents and members of minor parties). The opposition consists of members of the second largest party or coalition in
5643-481: The Senate. It also applies when a minister in the House of Representatives loses their seat at a general election; despite no longer being a member of parliament, the Minister will typically retain their portfolio for some days after the election, until the new government is sworn in. It also applied when John Gorton became Prime Minister in 1968; he was sworn in while a member of the Senate , then he resigned to contest
5742-406: The Senate. With the exception of a three-year period from 2005 to 2008, no party or coalition has held a majority in the Senate since 1981; this has required governments to frequently seek the support of minor parties or independent senators holding the balance of power in order to secure their legislative agenda. Because the Senate's system of single transferable voting requires a lower quota than
5841-654: The Treasurer in contempt, suspending him from the house twice. The matters were disputed in three cases in the High Court and the Supreme Court of New South Wales . The results upheld that principle that the Legislative Council does have the power to order the production of documents by a member of the House, including a minister, and can counter obstruction. However, the extent of the Legislative Council's power in relation to Cabinet documents remains unclear. In 2018
5940-473: The Westminster system, a strict separation of powers is not always evident in the Australian political system , with little separation between the executive and the legislature, with the executive required to be drawn from, and maintain the confidence of, the legislature; a fusion. The first three chapters of the Australian Constitution are headed respectively "The Parliament", "The Executive Government", and "The Judicature". Each of these chapters begins with
6039-462: The approval of another person or institution. These are rarely exercised, but during the Australian constitutional crisis of 1975 Governor-General Sir John Kerr used them to dismiss the prime minister when he failed to secure supply. Australia has periodically experienced movements seeking to end the monarchy. In a 1999 referendum , the Australian people voted on a proposal to change the Constitution. The proposal would have removed references to
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#17328916602466138-435: The authority to override their legislation and to alter their powers. Australian citizens in these territories are represented by members of both houses of the Parliament of Australia, albeit with less representation in the Senate. Norfolk Island was self-governing from 1979 until 2015, although it was never represented as such in the Parliament of Australia. The other inhabited territories: Jervis Bay , Christmas Island and
6237-531: The bottom layer includes public servants, police, government departments and independent statutory bodies who directly implement policy and laws. Executive power is also difficult to clearly define. In the British context, it was defined by John Locke as all government power not legislative or judicial in nature. The key distinction is that while legislative power involves setting down rules of general application, executive power involves applying those rules to specific situations. In practice however, this definition
6336-479: The character of a court. Parliamentary scrutiny of the executive and, in particular, by the New South Wales Legislative Council , was tested in the 1990s when Treasurer Michael Egan , on behalf of Cabinet , refused to table documents in the Legislative Council of which he was a member. The Council, determined to exercise its scrutiny of the executive, pressed the issues and eventually adjudged
6435-498: The court hierarchy within their jurisdictions. They were created by means of the constitutions of their respective states or the self government Acts for the ACT and the Northern Territory . Appeals may be made from state supreme courts to the High Court of Australia . Inferior courts are secondary to superior courts. Their existence stems from legislation and they only have the power to decide on matters which Parliament has granted them. Decisions in inferior courts can be appealed to
6534-419: The entirety of Mainland Australia at the federal and mainland state levels simultaneously (leaving Tasmania as the only state with a Liberal government), a feat that had last been achieved in 2007. This would last until 24 August 2024 when Labor lost government in the Northern Territory to the Country Liberal Party (CLP) opposition. The Liberal–National Coalition has never achieved this feat (control of
6633-498: The entirety of Mainland Australia at the federal and mainland state levels simultaneously) as of 2024. Queensland is regarded as comparatively conservative . Victoria and the Australian Capital Territory are regarded as comparatively left of centre . New South Wales, the largest state by population, as well as South Australia have often been regarded as politically moderate bellwether states. Western Australia, by contrast, tends to be more politically volatile; regarded as
6732-499: The exception of Queensland and the two territories, whose parliaments are unicameral. Each state has a governor , who undertakes a role equivalent to that of the governor-general at the federal level, and a premier , who is the head of government and is equivalent to the prime minister. Each state also has its own supreme court, from which appeals can be made to the High Court of Australia. State and territory elections occur every four years using fixed terms (except for Tasmania, where
6831-460: The executive and its propositions on all issues. On the other hand, the Senate has had the effect of restraining the power of the executive through its ability to query, amend and block government legislation. The result of the adoption of a proportional system of voting in 1949 has been that the Senate in recent decades has rarely been controlled by governments. Minor parties have gained greater representation and Senate majorities on votes come from
6930-520: The fact that State courts may be invested with federal judicial power under section 71 of the Commonwealth Constitution . On this basis it was held in Kable v Director of Public Prosecutions (NSW) that a State court could not be given a function inconsistent with its status as a potential repository of federal judicial power. The doctrine was rarely applied in the early years following Kable, leading Justice Kirby to describe it as "a constitutional guard-dog that would bark but once." However, there has been
7029-417: The federal government and the states . The monarch , currently King Charles III , is the head of state and is represented locally by the governor-general , while the head of government is the prime minister , currently Anthony Albanese . The country has maintained a stable liberal democratic political system under its Constitution , the world's tenth oldest , since Federation in 1901. Australia
7128-410: The federal government and the states and territories, or among the states and territories themselves. The monarch is the symbolic head of Australia and is ceremonially involved in all branches of the government, as a constitutive part of Parliament, formal holder of executive power and the person in whose name most criminal offences are brought. In a broader sense, the Crown represents the authority of
7227-568: The functions of the head of state, leading some commentators to contend that the governor-general is the head of state . As a constitutional democracy , the role is limited to constitutional and ceremonial duties. Although the governor-general is the King's representative, and exercises various constitutional powers in his name, other powers they independently exercise in their own right. The governor-general also represents Australia internationally, through making and receiving state visits. Since at least
7326-444: The governor-general call a new election at any time (however, they retain the discretion to refuse if inadequate reasons for the election are given). However, as Senate elections must occur only during certain periods and as it is generally politically advantageous (while not legally required) to hold House elections at the same time, elections are generally restricted to a ten month window between August and May every three years, with
7425-460: The judiciary interprets the laws; all independently of each other. The term, and its occurrence in Australia, is due to the text and structure of the Australian Constitution, which derives its influences from democratic concepts embedded in the Westminster system , the doctrine of " responsible government " and the United States version of the separation of powers. However, due to the conventions of
7524-494: The last split election in 1970 and 1972 . Unlike in the Senate, in which each state is represented equally, each state has a number of seats roughly proportional to its population. The prime minister is selected from the House, needing the support of the majority of members in order to be invited to form a government. Each chamber of Parliament has equal powers, with the exception that the Senate may not introduce "money bills" (new taxes or laws authorising expenditure). However,
7623-435: The legislature could restrict or over-rule some powers held by the executive by passing new laws to that effect, though these could be subject to judicial review . The exceptionally strong party discipline in Australia, especially in the lower house, has had the effect of weakening scrutiny of the executive by the legislature since within the lower house, every member of the numerically larger party will almost always support
7722-401: The legislature. As early as New South Wales v Commonwealth ( The Wheat Case ), the High Court decided that the strict insulation of judicial power was a fundamental principle of the Constitution. This also applies to tribunals and commissions set up by Federal Parliament which, unlike some of their equivalents in the states, can only recommend consequences. The Federal Parliament itself has
7821-522: The legislature. Only the High Court can deem if a law is constitutional or not. The Australian system of government combines elements derived from the political systems of the United Kingdom ( fused executive , constitutional monarchy ) and the United States ( federalism , written constitution , strong bicameralism ), along with distinctive local features, and has therefore been characterised as
7920-459: The members of the parliamentary Labor Party, (the Caucus ) and the prime minister would retain the right to allocate portfolios. This practice was followed until 2007. Between 1907 and 2007, Labor Prime Ministers exercised a predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence. Prior to the 2007 general election ,
8019-503: The most conservative state during the 2000–10s, it has lately swung to rank amongst the most left-leaning states in the country. It is also known for historical secessionist sentiments. Local government in Australia is the lowest tier of government. Local governments are subject to the relevant states and territories . There is only one level of local government in Australia; with none of the distinctive local government types seen in other anglophone nations. Most local governments within
8118-404: The other two branches of government however, membership of the executive is not clearly defined. One definition describes the executive as a pyramid, consisting of three layers. At the top stands The King, as the symbolic apex and formal repository of executive power. Below him lies a second layer made up of the prime-minister, cabinet and other ministers who in practice lead the executive. Finally,
8217-510: The passage of legislation and obstruct government business if it chooses. The day-to-day business of the House of Representatives is usually negotiated between the Leader of the House , appointed by the prime minister, and the Manager of Opposition Business in the House , appointed by the Leader of the Opposition . The executive's primary role is to implement the laws passed by the Parliament. Unlike
8316-409: The polity itself. However, in all these functions they are represented by the governor-general, whose appointment is the only mandatory function of the monarch. The monarch of Australia , currently Charles III , is also the monarch of the other Commonwealth realms , and the sovereign of the United Kingdom. The monarch is the head of state , however in almost all matters the governor-general performs
8415-502: The powers and responsibilities of many of the institutions of the Australian Commonwealth. However, the prime minister, the cabinet and the other principles of responsible government are not explicitly mentioned in the document, along with most of the realities of exercise of executive power. This reflected the British influence on the document with its unwritten constitution . The Parliament of Australia can propose changes to
8514-612: The premier decides the date of the election). Thomas Playford served as Premier of South Australia and leader of the Liberal and Country League (LCL) from 5 November 1938 to 10 March 1965 (26 years). it was the longest term of any elected government leader in Australian history . Labor winning government in New South Wales on 25 March 2023 marked the second time in history that the Australian Labor Party gained control of
8613-510: The rarely used privilege of being able to act as a court in some circumstances, primarily where it may regard a non-member as acting "in contempt" of parliament. The reasoning in the Wheat Case was taken further in Waterside Workers' Federation of Australia v J W Alexander Ltd where a decisive distinction between judicial and arbitral functions was drawn. The High Court made reference to
8712-534: The responsibility of the states. For example, the federal government has the responsibility for defence, inter-state trade and bankruptcy while the states have responsibility for healthcare and education. Additionally, the states can agree to refer any of their powers to the Commonwealth government via legislation, as has been done to allow the Commonwealth to regulate corporations. The federal government can also significantly influence state legislation by making tied grants (money which comes with certain conditions). This
8811-434: The senators from each state, except in the case of a double dissolution where all senators contest the election; senators representing the territories are elected and sworn into office simultaneously with the House of Representatives rather than the rest of the Senate. All senators are elected using the single transferable voting system of proportional representation, which has resulted in a greater presence of minor parties in
8910-443: The separation of powers again in R v Kirby; Ex parte Boilermakers' Society of Australia ( Boilermakers' Case ), highlighting that only a Chapter III Court can exercise judicial powers and, that a Chapter III Court is only permitted to exercise judicial power. A consequence of the Australian version of the separation of powers is its role in encouraging judicial deference to the "political" arms of government. The normal propensity of
9009-472: The state. In May 2019, more than 6,000 taxi and car-hire drivers, operators and licence owners across four states commenced the class action in the Victorian Supreme Court. Transport Matters was registered federally on 24 March 2020. However, the party was voluntarily de-registered federally on 16 December 2021, having never competed at a federal election. The party described itself as possessing
9108-467: The states have equivalent powers to each other; styles such as shire or city have only historical meaning. Separation of powers in Australia The separation of powers in Australia is the division of the institutions of the Australian government into legislative, executive and judicial branches . This concept is where legislature makes the laws, the executive put the laws into operation, and
9207-625: The superior court in that area, and then to the High Court of Australia. Until the passage of the Australia Act 1986 , by the Australian and UK parliaments, some Australian cases could be referred to the British Judicial Committee of the Privy Council for final appeal. With this act, Australian law was made fully independent, and the High Court of Australia was confirmed as the highest court of appeal. The theoretical possibility of
9306-461: The support of the more popular states. However due to the emergence of strong parties with senators that very rarely cross the floor , this role is much less visible. The Australian Capital Territory and the Northern Territory, the only territories represented in Senate, each elect only two. The federal government may only legislate on certain matters, with any remaining areas falling within
9405-405: The then Leader of the Opposition, Kevin Rudd , said that he and he alone would choose the ministry should he become prime minister. His party won the election and he chose the ministry, as he said he would. However, in return for changes restricting the ability of Caucus to select the prime minister, in 2013 the right of Caucus to choose the ministry was restored. While Caucus rules are not public,
9504-516: Was co-founded by Rod Barton and André Baruch, both hire car operators. Most of the party's members are taxi drivers or taxi licence owners involved in a class action lawsuit against Uber for loss of income between 2014 and 2017, when the company operated in Victoria as an illegal taxicab operation . Uber was legalised in Victoria in August 2017 following the deregulation of the taxi/ride-share industry in
9603-407: Was elected to the Legislative Council for a four-year term. Politics of Australia [REDACTED] [REDACTED] The politics of Australia operates under the written Australian Constitution , which sets out Australia as a constitutional monarchy , governed via a parliamentary democracy in the Westminster tradition . Australia is also a federation , where power is divided between
9702-526: Was held that this is subject to the compatibility of the conferred non-judicial function with judicial office. While there are strong textual and structural bases for the independence of the judiciary in the Commonwealth Constitution, the same is not true of the State constitutions. State courts, unlike their federal counterparts, are therefore capable of exercising non-judicial functions. For example,
9801-500: Was in favour of the Cabinet meeting in other places, such as major regional cities. There are Commonwealth Parliament Offices in each state capital, with those in Sydney located in 1 Bligh Street . As a federation, in Australia judicial power is exercised by both federal and state courts. However, unlike the UK's multiple legal systems there is only one legal system and like Canada and unlike
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