Model of the Australian System

The model

This diagram is a simplified model of how Australia’s system of government works. Consistent with recent High Court decisions, the diagram places ultimate sovereignty with the people (shaded yellow in the diagram). It also highlights the difference between Federal or Commonwealth structures (shaded in light blue) and State structures (shaded in pink).

Australian politics model

At the heart of the diagram are the three core functions of government: the legislative, executive and judicial functions. Through the separation of powers in Australia’s system of government, different institutions exercise these functions. The legislative function is exercised by the Parliament and by other bodies authorised by the Parliament. Ministers, assisted by public servants and government tribunals, exercise the executive function. And the courts exercise the judicial function. In summary, the Parliament makes the laws, the executive implements and polices them and the judiciary interprets them. The relationship between the legislative, executive and judicial functions of government in the states and territories essentially mirrors that of the Commonwealth government.

The diagram does not refer to Australia’s head of State: the Queen (represented by her Governor-General). For all practical purposes, the head of State’s role in the Westminster system is symbolic and above the politics of representative democracy. Although the head of State is a part of the Parliament, Royal Assent has never been refused to laws passed by both Houses of Parliament. Similarly, with very rare exception, the Queen and the Governor-General only exercise the executive power of government with, and in accord with, the advice of Government Ministers. Thus, in practice, the Prime Minister and his/her Ministry actually exercise the executive power of government.

Limitations with the model

Like all models, this diagram simplifies reality to aid understanding. With all simplifications there is a loss of accuracy. In practice, the relationship between the legislature and the executive is not as separated as the diagram suggests. Because of its common membership and strong party discipline, the executive has effective control of the legislature. For the same reason, the capacity of the legislature to hold the executive accountable between elections is limited. The diagram also fails to capture the way in which the High Court of Australia sets precedents that subsequently shape the work of the state judiciaries.

The diagram does not apply to the operation of local government. Local governments are created by state and territory legislation, with limited law-making powers conferred on them by that legislation. They also have limited executive power conferred on them to give effect to the by-laws they make using their law-making powers. Local governments do not have a judicial system; however, they are subject to judicial review by the relevant state or territory judicial system, and ultimately the High Court of Australia.

The vertical positioning of the Commonwealth government over state governments does not imply a hierarchy. If space allowed, both tiers of government would be placed side by side. Both levels of government are essentially of equal status.

Want to find out more?