Australian Law and Justice System

Australian Citizenship and Its People

• Australia's citizenship ceremony involves pledging loyalty to Australia and its people, requiring an understanding of Australia's community and population, including its Indigenous heritage.
• The Aboriginal and Torres Strait Islander peoples are Australia's first inhabitants, with the oldest continuous cultures and traditions in the world.
  • Aboriginal people are from mainland Australia and Tasmania, with archaeological records indicating their arrival between 65,000 and 40,000 years ago.
  • Torres Strait Islander people are from islands between the northern tip of Queensland and Papua New Guinea.
• Australian citizenship involves understanding the nation's history, including European settlement, the gold rush, and the growth of the population.
• The Commonwealth of Australia is a federation of states and territories, with six states and two mainland territories, each with its own capital city.

Australia's States and Territories

• The six states are:
  • New South Wales (NSW), with Sydney as its capital city
  • Victoria (Vic.), with Melbourne as its capital city
  • Queensland (Qld), with Brisbane as its capital city
  • Western Australia (WA), with Perth as its capital city
  • South Australia (SA), with Adelaide as its capital city
  • Tasmania (Tas.), with Hobart as its capital city
• The two mainland territories are:
  • Australian Capital Territory (ACT), with Canberra as its capital city
  • Northern Territory (NT), with Darwin as its capital city

Traditions

• Welcome to Country and Acknowledgement of Country protocols recognize Aboriginal and Torres Strait Islander peoples' connection to the land.
• Important days for Australians include:
  • Australia Day, celebrated on January 26, marking the arrival of the First Fleet from Great Britain in 1788
  • Anzac Day, commemorated on April 25, named after the Australian and New Zealand Army Corps

Australia's Symbols

• The Australian National Flag is blue, white, and red, featuring the Union Jack, the Commonwealth Star, and the Southern Cross.
• The Australian Aboriginal Flag is black, red, and yellow, representing the Aboriginal people, the earth, and the sun.
• The Torres Strait Islander Flag is green, blue, black, and white, representing the land, sea, people, and peace.

Democratic Beliefs, Rights, and Liberties

• Australia's system of government is a parliamentary democracy, where the power of the government comes from the Australian people.

• The Rule of Law ensures that all Australians are equal under the law, and no person or group is above the law.

• Living peacefully and respect for all individuals are fundamental principles of Australian democracy.

• Australians enjoy freedoms such as:

  • Freedom of speech and expression
  • Freedom to gather peacefully to protest or express opinions### Australian Values and Principles

• Freedom of speech is a core Australian value that underpins the country's democratic system.

• Freedom of speech allows people to express their opinions, criticize the government, and protest peacefully.

• Freedom of expression encompasses various forms of art, film, music, and literature.

Freedom of Association

• Australians have the right to form and join associations to pursue common goals.
• Examples of associations include political parties, trade unions, religious, cultural, or social groups.
• No one can be forced to join an association, and individuals are free to choose not to join.

Equalities

• Australia has laws ensuring equal treatment of people regardless of gender, race, disability, or age.
• Gender equality is a fundamental right, and discrimination based on gender is illegal.
• Australians value equal opportunity, and a 'fair go' means that achievements should be based on talent, work, and effort rather than wealth or background.

Responsibilities and Privileges of Australian Citizenship

• Responsibilities of Australian citizens include:
  • Obeying the laws of Australia
  • Voting in federal and state or territory elections, and in a referendum
  • Defending Australia if necessary
  • Serving on a jury if called to do so
• Privileges of Australian citizens include:
  • Voting in federal and state or territory elections, and in a referendum
  • Applying for children born overseas to become Australian citizens by descent
  • Applying for a job in the Australian Public Service or in the Australian Defence Force
  • Seeking election to parliament
  • Applying for an Australian passport and re-entering Australia freely
  • Asking for consular assistance from an Australian official while overseas

Government and the Law in Australia

• Australia's system of government is a parliamentary democracy.
• The Australian Constitution is the legal document that sets out the basic rules for the government of Australia.
• The Constitution established the Parliament of the Commonwealth of Australia, consisting of the House of Representatives and the Senate.

Separation of Powers

• The Australian Constitution divides the power of government between the legislative, executive, and judicial powers.
• Legislative power is the power to make laws, and is held by Parliament.
• Executive power is the power to put the laws into practice, and is held by the Prime Minister, government ministers, and the Governor-General.
• Judicial power is the power to interpret and apply the law, and is held by judges.

Head of State

• Australia's Head of State is the King of Australia, currently King Charles III.
• The King appoints the Governor-General as his representative in Australia, on the advice of the Australian Prime Minister.

The Role of the Governor-General

• The Governor-General is not part of the government and must remain neutral.
• The Governor-General's role includes:
  • Signing all Bills passed by the Australian Parliament into law
  • Performing ceremonial duties
  • Approving the appointment of the Australian Government and its ministers, federal judges, and other officials
  • Starting the process for a federal election
  • Acting as Commander-in-Chief of the Australian Defence Force### Australian Government Structure
• The Australian Government is divided into three levels: Australian Government, state and territory governments, and local governments.
• Each level of government has different responsibilities and provides different services.

Australian Government Responsibilities

• The Australian Government is responsible for:
  • Taxation
  • National economic management
  • Immigration and citizenship
  • Employment assistance
  • Postal services and the communications network
  • Social security (pensions and family support)
  • Defence
  • Trade and commerce
  • Airports and air safety
  • Foreign affairs (relations with other countries)

State and Territory Governments Responsibilities

• State and territory governments are responsible for:
  • Hospitals and health services
  • Schools
  • Roads and railways
  • Forestry
  • Police and ambulance services
  • Public transport

Local Governments Responsibilities

• Local governments are responsible for:
  • Street signs, traffic controls
  • Local roads, footpaths, bridges
  • Drains
  • Parks, playgrounds, swimming pools, sports grounds
  • Camping grounds and caravan parks
  • Food and meat inspection
  • Noise and animal control
  • Rubbish collection
  • Local libraries, halls, and community centers
  • Certain child-care and aged-care issues
  • Building permits
  • Social planning
  • Local environmental issues

Political Parties

• A political party is a group of people who share similar ideas about how a country should be governed.
• The main political parties in Australia are the Liberal Party of Australia, the Australian Labor Party, the Nationals, and the Australian Greens.

How the Australian Government is Formed

• After a federal election, the Australian Government is formed by the party or coalition of parties with the majority of members in the House of Representatives.
• The leader of this party becomes the Prime Minister.
• The party or coalition of parties with the second-largest number of members in the House of Representatives forms the Opposition.

Law Making Process

• The Australian Parliament has the power to make or change laws in Australia.
• A proposed new law or change to an existing law is called a 'Bill'.
• The House of Representatives and the Senate consider, debate, and vote on whether they agree with the Bill.
• If the majority of members in each House of Parliament agree to the Bill, it goes to the Governor-General.
• The Governor-General signs the Bill, making it a law.

Law Enforcement

• The courts are independent and decide if a person has broken the law and the penalty.
• The police maintain peace and order in the community and protect life and property.
• The police can arrest someone if they believe they have broken the law and bring them before a court of law.
• The police may give evidence in court, but the court decides if a person is guilty or not.

Australian Values

• Australian values are based on freedom, respect, fairness, and equality of opportunity.
• These values are central to the Australian community and are a reason why many people want to become Australian citizens.
• Australian citizenship is about living out these values in everyday life and in the local community.

Commitment to the Rule of Law

• All Australians are protected by the law and legal system.
• The Rule of Law means that all Australians are equal in relation to the law and no person or group is above the law.
• Everyone should obey the law and not break it at any time, otherwise, they will face penalties.

Freedom of Speech

• People in Australia should be able to express their ideas freely, as long as it is within the law.
• People are free to meet in public or private places for social or political discussion.
• People are free to say and write what they think about any topic and to discuss their ideas with others.

Freedom of Association

• People in Australia are free to join or leave any group voluntarily, as long as it is within the law.
• People are free to join any legal organization, such as a political party, trade union, religious, cultural, or social group.

Freedom of Religion

• Australia has no official national religion, and people in Australia are free to follow any religion they choose.
• The government treats all citizens equally, whatever their religion or beliefs.
• Religious practices must not break Australian laws.
• Religious laws have no legal status in Australia.

Equality of Opportunity

• Australian society values the equal rights of all people, regardless of gender, sexual orientation, age, disability, religion, race, or national or ethnic origin.
• There are laws in Australia that protect people from being treated differently because of their background.
• Everyone, regardless of their background, is given an equal opportunity to achieve success in life.

Mutual Respect and Tolerance

• In Australia, individuals must respect the freedom and dignity of others, and their opinions and choices.
• Violence of any kind, including verbal and physical abuse, is illegal.
• Australians believe in the principles of mutual respect and tolerance.
• This means listening to others and respecting their views and opinions, even when they are different from your own.