Briefing: The rules behind government

Australia’s Constitution is the country’s foundational legal document. It came into effect in the year the colonies joined to form the Commonwealth of Australia. It establishes the federal Parliament and describes how responsibilities are shared between the Australian Government and the states. For example, the Australian Government has responsibilities including defence and immigration, while states manage areas such as public hospitals and schools. Some responsibilities are shared. The federal Parliament has two houses: the House of Representatives and the Senate. The Parliament makes laws. The Executive, led by the Prime Minister and ministers, administers laws and runs government. Courts interpret and apply laws. These are the legislative, executive and judicial branches—the separation of powers helps prevent too much power from being held by one part of government. Changing the Constitution requires a referendum. Voters answer a proposed change with a ‘Yes’ or ‘No’ vote. For a proposal to pass, it generally needs a majority of voters across Australia and a majority of voters in a majority of states. This is known as a double majority. Australians who are enrolled to vote must vote in federal elections from age 18.

Decode the system

Community case file

A local youth group wants to change the Constitution so that a new national responsibility is added. One member says, ‘The federal Parliament can just pass a law and make the change.’ Another member says, ‘The proposal needs to go to voters in a referendum.’