Legal System of Australia
Australia is located in Australia Oceania. It is geographically situated in oceania, continent between the indian ocean and the south pacific ocean. The country achieved independence on 1 january 1901 (from the federation of uk colonies). The capital is Canberra.
Government Overview
Government Type: federal parliamentary democracy under a constitutional monarchy; a Commonwealth realm Chief of State: King CHARLES III (since 8 September 2022); represented by Governor General Samantha (Sam) MOSTYN (since 1 July 2024) Head of Government: Prime Minister Anthony ALBANESE (since 23 May 2022) Cabinet: Cabinet nominated by the prime minister from among members of Parliament and sworn in by the governor general Administrative Divisions: 6 states and 2 territories*; Australian Capital Territory*, New South Wales, Northern Territory*, Queensland, South Australia, Tasmania, Victoria, Western Australia National Holiday: Australia Day (commemorates the arrival of the First Fleet of Australian settlers), 26 January (1788); ANZAC Day (commemorates the anniversary of the landing of troops of the Australian and New Zealand Army Corps during World War I at Gallipoli, Turkey), 25 April (1915) Suffrage: 18 years of age; universal and compulsory
Legal System
The legal system of Australia is described as common law system based on the English model International Law: accepts compulsory ICJ jurisdiction with reservations; accepts ICCt jurisdiction
Constitutional Framework
The constitution has the following history: approved in a series of referenda from 1898 through 1900 and became law 9 July 1900, effective 1 January 1901 Amendment Process: proposed by Parliament; passage requires approval of a referendum bill by absolute majority vote in both houses of Parliament, approval in a referendum by a majority of voters in at least four states and in the territories, and Royal Assent; proposals that would reduce a state’s representation in either house or change a state’s boundaries require that state’s approval prior to Royal Assent
Judicial Branch
Highest Court(s): High Court of Australia (consists of 7 justices, including the chief justice); each of the 6 states, 2 territories, and Norfolk Island has a Supreme Court; the High Court is the final appellate court Judge Selection: justices appointed by the governor-general in council for life with mandatory retirement at age 70 Subordinate Courts: subordinate courts: at the federal level: Federal Court; Federal Circuit and Family Court of Australia; at the state and territory level: Local Court - New South Wales; Magistrates’ Courts – Victoria, Queensland, South Australia, Western Australia, Tasmania, Northern Territory, Australian Capital Territory; District Courts – New South Wales, Queensland, South Australia, Western Australia; County Court – Victoria; Family Court – Western Australia; Court of Petty Sessions – Norfolk Island
Legislative Branch
The legislative structure consists of bicameral Lower Chamber: House of Representatives (150 (all directly elected) seats) Electoral System (Lower Chamber): plurality/majority Upper Chamber: Senate
Citizenship and Suffrage
Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen or permanent resident of Australia Suffrage: 18 years of age; universal and compulsory
Historical Background
Aboriginal Australians arrived on the continent at least 60,000 years ago and developed complex hunter-gatherer societies and oral histories. Dutch navigators led by Abel TASMAN were the first Europeans to land in Australia in 1606, and they mapped the western and northern coasts. They named the continent New Holland but made no attempts to permanently settle it. In 1770, Englishman James COOK sailed to the east coast of Australia, named it New South Wales, and claimed it for Great Britain.
This article provides a summary of the legal system and governmental structure of Australia based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.