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State and Local Government

There are six states in Australia: New South Wales (NSW), Queensland (Qld), South Australia (SA), Tasmania (Tas.), Victoria (Vic.) and Western Australia (WA).Each state has its own state Constitution, which divides the state's government into the same divisions of legislature, executive, and judiciary as the Australian Government. The six state parliaments are permitted to pass laws related to any matter that is not controlled by the Commonwealth under Section 51 of the Australian Constitution. The monarch's powers over state matters are exercised by a Governor in each state. The head of each state government is known as the Premier.

State governments have basically similar institutions to their federal counterpart. Each has its own Governor with powers similar to those of the Governor-General, also exercised on the advice of the Government. Each has an upper and lower House of Parliament, except for Queensland which has only one House. All operate on the British system of cabinet government. The Northern Territory and the Australian Capital Territory also have their own governments and legislatures, but their powers are less than those of state governments.

In the years since federation, increasing powers have been transferred to the Federal Government or shared between the States and the Federal Government. The taxing power, passed to the Federal Government more than 65 years ago, has generated regular consultations on the distribution of revenue and other matters between the Federal and State Governments. Councils and conferences of ministers are frequent and cover agriculture, education, housing, employment, minerals and energy, transport and legal matters. Commissions have also been set up to advise on the allocation of federal grants to the States in such areas as education and road construction.

There are ten Australian territories outside the borders of the states. Two mainland territories, The Australian Capital Territory (ACT) and The Northern Territory (NT) and one offshore territory, Norfolk Island, have been granted a limited right of self-government by the Australian Government. In these territories, a range of governmental matters are now handled by a locally-elected parliament.

Outside of government, the ACT and the NT are often treated like states because of their significant population sizes.

Seven territories are governed only by Commonwealth law, usually through an Australian Government-appointed Administrator. They are:Ashmore and Cartier Islands, Australian Antarctic Territory, Christmas Island, Cocos (Keeling) Islands, Coral Sea Islands, Jervis Bay Territory, Territory of Heard Island and McDonald Islands.

Canberra, located in the Australian Capital Territory, is Australia's national capital. The Parliament of Australia is located in Canberra, as is most of the Australian Government public service.

The other state and territory capital cities are: Adelaide (South Australia), Brisbane (Queensland), Darwin (the Northern Territory), Hobart (Tasmania), Melbourne (Victoria), Perth (Western Australia), Sydney (New South Wales).



If the laws of a state ever conflict with the laws of the Australian Government, the Constitution says that Commonwealth law is to be followed. The Australian Government judiciary may also have the power to review decisions by a state judiciary.

The Council of Australian Governments representing the Federal Government and the heads of all States and Territories has taken a number of initiatives to rationalize intergovernmental decision making since its formation in 1992 as a forum for ongoing discussions on national matters. It has endorsed strategies on ecologically sustainable development and greenhouse gas emissions.

The six States contain more than 850 local government areas. They are controlled by elected councils and are regulated by state Acts of Parliament. Responsibility for administering local amenities such as roads, water supply, sewerage and electricity often lies with statutory authorities established by State Governments.

Finance for their activities is increasingly obtained through grants from the Federal and State Governments.

 

Legal System

The Australian legal system is based on a fundamental belief in the rule of law, justice and the independence of the judiciary. All people—Australians and non-Australians alike—are treated equally before the law and safeguards exist to ensure that people are not treated arbitrarily or unfairly by governments or officials.

Principles such as procedural fairness, judicial precedent and the separation of powers are fundamental to Australia’s legal system.

The common law system, as developed in the United Kingdom, forms the basis of Australian jurisprudence. It is distinct from the civil law systems that operate in Europe, South America and Japan, which are derived from Roman law. Other countries that employ variations of the common law system are the United States, Canada, New Zealand, Malaysia and India.

The chief feature of the common law system is that judges’ decisions in pending cases are informed by the decisions of previously settled cases.

The Australian Constitution of 1901 established a federal system of government, under which powers are distributed between the federal government and the states. It defined exclusive powers (investing the federal government with the exclusive power to make laws on matters such as trade and commerce, taxation, defence, external affairs, and immigration and citizenship) and concurrent powers (where both tiers of government are able to enact laws). The states and territories have independent legislative power in all matters not specifically assigned to the federal government. Where there is any inconsistency between federal and state or territory laws, federal laws prevail. Federal laws apply to the whole of Australia.

In effect, Australia has nine legal systems—the eight state and territory systems and one federal system. However, it is the state and territory criminal laws that mainly affect the day-to-day lives of most Australians.

Each of the federal and state systems incorporates three separate branches of government—legislative, executive and judicial. Parliaments make the laws, the executive government administers the laws, and the judiciary independently interprets and applies them.

The courts

The High Court of Australia interprets and applies the law of Australia, decides cases of special federal significance, including challenges to the constitutional validity of laws, and hears appeals (by special leave) from the federal, state and territory courts. The High Court has a Chief Justice and six other judges who can preside either individually or together. It is the highest court of appeal on all matters, whether decided in the federal or state jurisdictions.

The other federal courts are the Federal Court of Australia, the Family Court of Australia and the Federal Magistrates Court of Australia. Under the Constitution, state and territory courts may be invested with federal jurisdiction.

The Federal Court’s jurisdiction is broad, covering almost all civil matters arising under Australian federal law and some summary criminal matters. The court also has substantial and diverse appellate jurisdiction, including over the decisions of single judges of the Federal Court and the Federal Magistrates Court (in non-family-law matters) and some decisions of the state and territory courts.

The Family Court is Australia’s superior court in family law. Through its specialist judges and staff, the court helps to resolve complex family disputes. It also covers specialized areas such as cases relating to the Hague Convention on International Child Abductions (which came into force in Australia in December 1998) and the international relocation of children by parents or guardians.

The Federal Magistrates Court was established by the federal parliament in 1999 and conducted its first sittings in July 2000. Its jurisdiction includes family law, bankruptcy, unlawful discrimination, consumer protection and trade practices, privacy, migration, copyright and industrial law. Nearly all of its jurisdiction is shared with the Family Court or the Federal Court.

Australian state and territory courts have jurisdiction in all matters brought under state or territory laws. They also handle some matters arising under federal laws, where jurisdiction has been conferred by the federal parliament. State and territory courts deal with most criminal matters, whether arising under federal, state or territory law.

Each state and territory court system operates independently. All states have supreme courts and some also have courts of criminal appeal, which are the highest appellate courts at the state level. Courts known as ‘district’ or ‘county’ courts hear the more serious cases, with a judge presiding over the court to interpret and determine the law. For more serious charges it is usual for a jury (usually of 12 people) to determine the guilt or innocence of defendants. Serious offences such as murder, rape and armed robbery are usually tried in a higher court.

Lesser offences are dealt with in lower courts, known as local or magistrates courts (or courts of petty sessions), where magistrates determine the guilt or innocence of defendants.

In all cases, defendants are considered to be innocent until proven guilty beyond all reasonable doubt. There is no death penalty in Australia.

Legal aid and representation

Australian governments recognize that access to legal representation is an important element in ensuring justice for all. They provide some legal aid for people assessed as being least able to afford to cover the costs of a court appearance.

The federal Attorney-General’s Department is responsible for administering funding for the provision of legal aid services for federal law matters through legal aid commissions, administering a Community Legal Services Program and managing legal aid services for Indigenous Australians.

State and territory governments fund legal aid services for cases being tried under state and territory law. There are eight independent legal aid commissions, one in each of the states and territories, with a total budget of around $400 million. Funding is provided by the federal government and state and territory governments. Other revenue comes from interest earnings, contributions and fees.

Investigating complaints and reviewing administrative decisions

Specific agencies also exist to protect the legal and administrative rights of all people in Australia, including the Commonwealth Ombudsman, the Migration Review Tribunal, the Refugee Review Tribunal, the Administrative Appeals Tribunal and the Human Rights and Equal Opportunity Commission

The position of Commonwealth Ombudsman was created in 1977 to consider and investigate complaints from people who believe they have been treated unfairly or unreasonably by a federal government department or agency. The ombudsman cannot override decisions made by agencies or issue directions to agency staff. Instead, the ombudsman resolves disputes through consultation and negotiation and, if necessary, by making formal recommendations to the most senior levels of government.

There is also an ombudsman in Western Australia (appointed in 1971), Victoria (1972), Queensland (1974) and New South Wales (1974). The Commonwealth Ombudsman acts as the ombudsman for the Australian Capital Territory.

Two separate tribunals provide independent and final merits reviews of decisions made about visas to enter or stay in Australia. The Migration Review Tribunal reviews decisions made about general visas (including visitor, student, partner, family, business and skilled). The Refugee Review Tribunal deals with decisions regarding protection (refugee) visas.

The Administrative Appeals Tribunal began operations in July 1976 and is part of the federal Attorney-General’s portfolio. It is an independent body that conducts merits reviews of a wide range of administrative decisions made by other tribunals and by federal government ministers, officials and authorities. The Administrative Appeals Tribunal has jurisdiction to review decisions made under more than 400 separate Acts and legislative instruments.

The Human Rights and Equal Opportunity Commission was established in 1986 as an independent statutory organization reporting to the federal parliament through the Attorney-General. Its goals are to foster understanding about, and protection of, human rights in Australia and to address human rights concerns. Its functions include resolving complaints of discrimination or breaches of human rights under federal law and holding public inquiries into human rights issues of national importance.
Law enforcement and police

The police in Australia are responsible for keeping peace and order in the community and bringing before the court people they believe have broken the law. Although police officers may arrest people and give evidence in court, they do not decide whether or not people are guilty of crimes. This is the responsibility of the courts.

Australia has a national police force—the Australian Federal Police—that investigates offences against federal laws, including drug trafficking, illegal immigration, crimes against national security and crimes against the environment.

All states of Australia and the Northern Territory have their own police forces that deal with crimes under state or territory laws. Policing in the Australian Capital Territory is handled by the Australian Federal Police.

Australian Crime Commission

The Australian Crime Commission was established in January 2003 (replacing the National Crime Authority) as an independent statutory body to work nationally with federal, state and territory agencies, principally to counter serious and organized crime. It brings together all arms of Australian intelligence gathering and law enforcement to coordinate the fight against major crime.

International legal cooperation and treaties

Australia seeks to promote international cooperation in the legal sector. The federal government established the International Legal Services Advisory Council in 1990 to promote the globalization of legal services. The council seeks to promote understanding of different countries’ laws, legal systems and legal institutions, particularly in the areas of trade, business and international law. It also contributes to the development of legal institutions, education and training, and legal interchanges and contacts.

Combating transnational crime and terrorism is also a high priority for Australia, and extradition and mutual assistance are key tools in that fight. International cooperation ensures that criminals cannot evade justice simply by crossing borders. Australia has formal extradition arrangements with more than 120 countries.

Australia is a party to an extensive range of treaties, which are the formal instruments of international law. Australia is currently a signatory to agreements on a wide and expanding range of matters, including with respect to postal, shipping, social security and health arrangements, defence and security, nuclear non-proliferation, the environment, civil aviation, maritime delimitation and technological exchanges, and agreements designed to establish universal standards for the treatment of civilians in times of war. Australia has been heavily involved in international measures to outlaw the use of weapons of mass destruction. Australia has also been actively engaged in work on aspects of the law of the sea and the international trading system.

Key facts

- All people - Australians and non-Australians - are treated equally before the law.

- The Australian legal system is based on the concept of the rule of law.

- In all cases, defendants are considered to be innocent until proven guilty beyond all reasonable doubt.

- Laws are made by the federal and state parliaments, while an independent judiciary interprets and applies them.

- People who cannot afford legal representation may be given legal aid, subject to a means test and certain other conditions.

- Independent Australian agencies safeguard legal and administrative rights.

 

 

Military Activity

The defense forces operate according to three basic priorities: defeating attacks from outside the country, defending the nation’s regional interests, and supporting a global security environment that discourages international aggression. Australia has a volunteer army reserve but no national service requirement. There is a navy, an army, and an air force. Twelve percent of regular service positions are held by women.

The nation’s strategic stance is broadly defensive, with the expectation that armed force will be used only to defend national interests. The Defence Force has been called on frequently, to assist in international security and humanitarian crises in the Middle East, Namibia, and Cambodia as well as in humanitarian crises in Somalia and Rwanda. The most recent military activity has been peacekeeping in East Timor. The Defence Force also has played a key role in responding to major floods and fires, and its services are called on in search and rescue missions.

Formation

The ADF Tri-Service Flag

Australia has maintained military forces since federation as a nation in January 1901. Shortly after Federation, the Australian Government established the Australian Army and Commonwealth Naval Force by amalgamating the forces each of the states had maintained. In 1911, the Government established the Royal Australian Navy, which absorbed the Commonwealth Naval Force. The Army established the Australian Flying Corps in 1912 although this separated to form the Royal Australian Air Force in 1921. The services were not linked by a single chain of command, as they each reported to their own separate Minister and had separate administrative arrangements. The three services saw action around the world during World War I and World War II, and took part in conflicts in Asia during the Cold War.

The importance of 'joint' warfare was made clear to the Australian military during World War II when Australian naval, ground and air units frequently served as part of single commands. Following the war, several senior officers lobbied for the appointment of a commander in chief of the three services. The government rejected this proposal and the three services remained fully independent. The absence of a central authority resulted in poor co-ordination between the services, with each service organizing and operating on the basis of a different military doctrine. The need for an integrated command structure received more emphasis as a result of the inefficient arrangements which at times hindered the military's efforts during the Vietnam War. In 1973, the Secretary of the Department of Defence, Arthur Tange, submitted a report to the Government that recommended the unification of the separate departments supporting each service into a single Department of Defence and the creation of the post of Chief of the Defence Force Staff. The government accepted these recommendations and the Australian Defence Force was established on 9 February 1976.

Defence of Australia Era

 

Australian soldiers lead a column of American troops during Exercise Kangaroo '89, which was held in northern Australia.

Until the 1970s, Australia's military strategy centred on the concept of 'forward defence', in which the role of the Australian military was to co-operate with allied forces to counter threats in Australia's region. In 1969, when the United States began the Guam Doctrine and the British withdrew 'east of Suez', Australia developed a defence policy emphasising self-reliance of the Australian continent. This was known as the Defence of Australia Policy. Under this policy, the focus of Australian defence planning was to protect Australia's northern maritime approaches (the sea-air gap) against enemy attack. In line with this goal, the ADF was restructured to increase its ability to strike at enemy forces from Australian bases and to counter raids on continental Australia. The ADF achieved this by increasing the capabilities of the RAN and RAAF and relocating regular Army units to northern Australia. At this time, the ADF had no military units on operational deployment outside Australia. In 1987, the ADF made its first operational deployment as part of Operation Morris Dance, in which several warships and a rifle company deployed to the waters off Fiji in response to the 1987 Fijian coups d'état. While broadly successful, this deployment highlighted the need for the ADF to improve its capability to rapidly respond to unforeseen events. Since the late 1980s, the Government has increasingly called upon the ADF to contribute forces to peacekeeping missions around the world. While most of these deployments involved only small numbers of specialists, several led to the deployment of hundreds of personnel. Large peacekeeping deployments were made to Namibia in early 1989, Cambodia between 1992 and 1993, Somalia in 1993, Rwanda between 1994 and 1995 and Bougainville in 1994 and from 1997 onwards. The Australian contribution to the 1991 Gulf War was the first time Australian personnel were deployed to an active war zone since the establishment of the ADF. Although the warships and clearance diving team deployed to the Persian Gulf did not see combat, the deployment tested the ADF's capabilities and command structure. Following the war the Navy regularly deployed a frigate to the Persian Gulf or Red Sea to enforce the trade sanctions imposed on Iraq.

Current structure

The ADF headquarters and the main offices of the Department of Defence are located in the Russell Offices complex in Canberra

The Australian Defence Force, Department of Defence and Defence Materiel Organization (DMO) make up the Australian Defence Organization (ADO), which is often referred to as 'Defence'. A diarchy of the Chief of the Defence Force (CDF) and the Secretary of the Department of Defence administers the ADO. The ADF is the military component of the ADO and consists of the Royal Australian Navy (RAN), the Australian Army and the Royal Australian Air Force (RAAF).

The Department of Defence is staffed by both civilian and military personnel and includes agencies such as the DMO, Defence Intelligence Organization (DIO) and Defence Science and Technology Organization (DSTO). The DMO purchases and maintains defence equipment. The DSTO provides science and technology support to the defence forces.

Royal Australian Navy

The Royal Australian Navy (RAN) is the naval branch of the Australian Defence Force. The RAN operates 74 vessels of all sizes, including frigates, submarines, patrol boats and auxiliary ships. The RAN is one of the most modern navies in the Pacific and is responsible for defending Australian waters and undertaking operations in distant locations. There are two parts to the RAN's structure. One is an operational command, Fleet Command, and the other is a support command, Navy Strategic Command. The Navy's assets are administered by four 'forces' which report to the Commander Australian Fleet. These are the Fleet Air Arm, the Mine Warfare, Clearance Diving, Hydrographic, Meteorological and Patrol Force, Submarine Force and Surface Force. All naval bases across Australia also report to the Commander Australian Fleet.

Australian Army

The Australian Army is Australia's military land force. While the Australian Army is principally a light infantry force, it is currently being 'hardened and networked' and expanded to enable it to conduct higher-intensity operations. The Army is organized into three main elements which report to the Chief of Army; the Headquarters of the 1st Division, Special Operations Command and Forces Command. Headquarters 1st Division is responsible for high-level training activities and is capable of being deployed to command large scale ground operations. It does not have any combat units permanently assigned to it, though it commands units during training activities and the Land Combat Readiness Centre reports to the divisional headquarters. Most of the Army's units report to Forces Command, which is responsible for overseeing their readiness and preparing them for operations. Special Operations Command is responsible for preparing the ADF's special forces units for operational deployments. This organization came into effect during January 2011; before this time the Army's three regular brigades were permanently assigned to the Headquarters 1st Division.

The Australian Army's main combat forces are grouped in brigades. These comprise a mechanized brigade—1st Brigade, a light infantry brigade—3rd Brigade, a motorized brigade—7th Brigade, six Army Reserve brigades, an aviation brigade (16th Brigade), a combat support and ISTAR brigade (6th Brigade) and a logistics brigade (the 17th Brigade). The Army's main tactical formations are battle groups formed around the headquarters of a battalion-sized formation. Special Operations Command (SOC) commands the ADF's special forces units. It comprises the Special Air Service Regiment, two commando regiments, the Special Operations Engineer Regiment and signals, logistics and training units. The Army's special forces units have been expanded since 2001 and are well equipped and capable of being deployed by sea, air or land. It currently comprises approximately 2,200 personnel.

Royal Australian Air Force

The Royal Australian Air Force (RAAF) is the air force branch of the ADF. The RAAF has modern combat and transport aircraft and a network of bases in strategic locations across Australia.

Unlike the other services, the RAAF has only a single operational command, RAAF Air Command, which includes the Air Force Training Group. RAAF Air Command is the operational arm of the RAAF and also consists of the Air Combat Group, Air Lift Group, Surveillance and Response Group, Combat Support Group and Aerospace Operational Support Group. Each group consists of a number of wings. The RAAF has eighteen flying squadrons; four combat squadrons, two maritime patrol squadrons, five transport squadrons, six training squadrons (including three Operational Conversion Units and a forward air control training squadron) and one Airborne Early Warning & Control squadron. The Air Force also includes a single independent flight (No. 5 Flight). A large number of ground support units support these flying squadrons, including three expeditionary combat support squadrons, two airfield defence squadrons and communications, radar and medical units.

Personnel

 

Personnel from the Army's 16th Air Defence Regiment with one of the unit's RBS 70 systems

The Australian military has been an all-volunteer force since the abolition of conscription in 1972. Both women and men can enlist in the ADF, although there are some restrictions on the positions that women may fill. In general, only Australian citizens can enlist in the ADF though permanent residents are accepted in "exceptional circumstances". The minimum age for recruits is 17 and the retirement age is 60 for permanent personnel and 65 for reservists.

Ethnic composition

A high percentage of ADF personnel are drawn from the Anglo-Celtic portion of Australia's population. In 2007 the proportion of ADF personnel born in Australia and the other predominately Anglo-Celtic countries was higher than this population group's share of both the Australian workforce and overall population. As a result, analyst Mark Thomson argues that the ADF is unrepresentative of Australia's society in this regards and that recruiting more personnel from other ethnic backgrounds would improve the ADF's language skills and cultural empathy. The ADF is developing a new advertising campaign to attract recruits from non-Anglo-Celtic backgrounds.

The ADO is currently seeking to expand the number of Indigenous Australians it recruits and improve their retention rate. Restrictions on Indigenous Australians' ability to enlist in the military existed until the 1970s, though hundreds of Indigenous men and women had joined the military when restrictions were reduced during the world wars. By 1992 the representation of Indigenous Australians in the ADF was equivalent to their proportion of the Australian population, though they continue to be under-represented among the officer corps. Two of the Army's three Regional Force Surveillance Units (NORFORCE and the 51st Battalion, Far North Queensland Regiment) are manned mostly by Indigenous Australian reservists. In 2007 Indigenous Australians made up 1.4% of permanent ADF personnel and 1.8% of reservists.

Assessment of capabilities

The ADF's capabilities enable it to carry out a range of tasks. The size of the force that the government can deploy differs according to the likelihood of high-intensity combat and the distance from Australia. In overall terms, Dr. Mark Thomson of the Australian Strategic Policy Institute assesses the ADF's size and capability as being typical for a Western nation with Australia's economic and population base.

 

Collins class submarine HMAS Collins

The ADF has probably the most capable air and naval capabilities in the South-East Asia region. However, the small size of the Army and the age of much of the RAN and RAAF's equipment constrains Australia's ability to make large-scale deployments or engage in high-intensity combat. The ADF's personnel shortages may also limit its ability to quickly conduct new deployments. The ADF has probably the most capable air and naval capabilities in the South-East Asia region. However, the small size of the Army and the age of much of the RAN and RAAF's equipment constrains Australia's ability to make large-scale deployments or engage in high-intensity combat. The ADF's personnel shortages may also limit its ability to quickly conduct new deployments.

The ADF is highly capable of defeating direct attacks on Australia by conventional forces, though such attacks are highly improbable at present. The ADF's intelligence gathering capabilities should enable it to detect any attacking force before it reaches Australia. Once detected, the RAN and RAAF would be able to defeat the attacking force while it was still in Australia's maritime approaches. The Army and RAAF are also capable of defeating small raiding forces once they are detected. The ADF currently maintains sufficient forces to meet its domestic security and counter-terrorism responsibilities. The RAN and RAAF are capable of deploying significant numbers of capable ships and aircraft, these forces are large and modern enough to operate independently in a high-threat environment and would typically make up a small part of a larger international coalition force. Due to its relatively small size the Army's capability for high intensity warfare is more limited than that of the other services.

As a result of these limitations, the ADF is capable of providing only relatively small, but high-quality, 'niche' forces for high intensity warfare. Such forces include the Navy's submarines, the Army's special forces and the RAAF's Orion aircraft. However, the ADF's logistic capabilities are insufficient to independently supply such forces deployed in areas distant from Australia. As a result, the ADF can only contribute forces to high intensity warfare outside of Australia's region when larger coalition partners provide logistical support.

The ADF is highly capable of undertaking peacekeeping operations around the world. The Navy's frigates and transport ships, the Army's light infantry battalions and the RAAF's transport aircraft are well-suited to peacekeeping. The ADF has the capability to undertake peacekeeping and low-intensity warfare operations independently in Australia's region and can sustain such deployments for a lengthy period. It is also capable of leading international peacekeeping forces in the Asia-Pacific region and, in the unlikely event of an external attack, defending Australia's Pacific neighbours.

 

TASKS

I. Read the text. Find the words that match the definitions below:

1) the group of people who officially control a country;

2) an institution that has the power to make or change laws;

3) the part of a country’s government that is responsible for its legal system and that consists of all the judges in its courts of law;

4) the group of people who are elected to make the country's laws and discuss important national affairs;

5) a set of basic laws and principles that a country or organization is governed by;

6) to correct or make small changes to something that is written or spoken;

7) a vote in which all the people in a country or an area decide on an important question;

8) a written proposal for a new law, which is brought to a parliament so that it can be discussed;

9) the act of damaging someone’s or something’s reputation by saying or writing bad things that are not true;

10) someone who joins the army, navy, or air force without being forced to;

11) the people who work in a company, organization, or military force;

12) a union of two or more political parties that allows them to form a government or fight an election together;

13) a ship, especially a military one, that can stay under water;

14) soldiers who fight on foot;

15) a small fast ship used especially for protecting other ships in wars.


Date: 2016-03-03; view: 1550


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