How are laws made?

The Australian Parliament has the power to make or change laws in Australia to benefit the nation.

If a member of the Australian Parliament proposes to introduce a new law or change an existing one, this proposal is called a ‘Bill’.

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The House of Representatives and the Senate consider, debate and vote on whether they agree with the Bill.

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If the majority of members in each House of Parliament agree to the Bill, it goes to the Governor-General.

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The Governor-General signs a Bill so that it becomes law. This is called ‘Royal Assent’.

State and territory parliaments make their own laws in a similar way.

How are laws enforced?

The courts

The courts in Australia are independent. A court will decide if a person has or has not broken the law and decide the penalty. Courts can only base their decision on the evidence before them.

Judges and magistrates

The judge or magistrate is the highest authority in a court. They are independent and no one can tell them what to decide.

Judges and magistrates are appointed by the government, but the government cannot take their jobs away if it disagrees with their decisions.

Juries

In Australia’s court system, people are considered innocent until they are found guilty in a court. Every person has the right to be represented by a lawyer in court.

A court will use a jury in some cases to decide if a person has broken the law. The role of a jury is to decide in court if a person is innocent or guilty. A jury is a group of ordinary Australian citizens randomly chosen from the general population. The judge explains the law to the jury. In a criminal trial, if the jury finds a person guilty, the judge decides the penalty.

The police

The police maintain peace and order in the community. It is their job to protect life and property. They are independent of the government. If the police believe that someone has broken the law, they can arrest them 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.

The states and the Northern Territory have their own police forces. They deal with crimes under state and territory laws.

Australia also has a national police force called the Australian Federal Police (AFP). The AFP investigates crimes against federal laws, for example, drug trafficking, crimes against national security and crimes against the environment. The AFP is also responsible for general police work in the Australian Capital Territory.

The police and the community have a good relationship in Australia. You can report crimes and seek assistance from your local police.

In Australia, it is a serious crime to bribe the police. It is a crime to even offer a bribe to a police officer.

Criminal offences in Australia

It is important for you to be familiar with the laws in Australia. If you break an Australian law that you did not know about, you could be charged, as not knowing the law is no excuse.

Some of the most serious crimes include murder, assault, sexual assault, violence against people or property, armed robbery or theft, having sexual relations with children or young people who are aged below the legal age of consent, dangerous driving of a motor car, possession of illegal drugs, and fraud.

Everyone has the right to experience positive and safe relationships with their families, friends and loved ones. As in other countries, violence towards another person is illegal in Australia and is a very serious crime. This includes violence within the home and within marriage, known as domestic or family violence. Domestic and family violence includes behaviour or threats that aim to control a partner by causing fear or threatening their safety. Domestic and family violence can include hitting, isolating a family member from friends and family, or threatening children or pets. Domestic and family violence is not accepted and is against the law.

A person who commits these crimes can go to jail, whether they are a man or a woman. No one should accept being treated badly or harmed.

If you or someone you know is in danger you should contact the police.

Traffic offences

Road and traffic rules are controlled by state and territory governments. People can be fined or sent to prison for breaking traffic laws. To drive a car in Australia, you must have a local driver’s licence and the car must be registered.

Everybody travelling in a car must wear a seatbelt. Babies and young children must be in an approved car seat. Traffic laws are very strict. It is illegal to drive after taking drugs or if you are above the blood alcohol limit. It is also against the law to use a hand-held mobile device while driving.