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Parliament and Government in Queensland: Level 3 This may be the author’s version of a work that was submitted/accepted for publication in the following source: McGregor-Lowndes, Myles (2012) Parliament and government in Queensland: Level 3. Queensland Parliament and QUT Business School, Australia. This file was downloaded from: https://eprints.qut.edu.au/60646/ c Copyright 2012 Queensland Parliament This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the docu- ment is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recog- nise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to [email protected] Notice: Please note that this document may not be the Version of Record (i.e. published version) of the work. Author manuscript versions (as Sub- mitted for peer review or as Accepted for publication after peer review) can be identified by an absence of publisher branding and/or typeset appear- ance. If there is any doubt, please refer to the published source. http:// www.parliament.qld.gov.au/ documents/ Explore/ Education/ informationBooks/ LevelThreeBook.pdf Publication details Title: Parliament and Government in Queensland Subtitle: Level 3 ISBN: 978-0-646-58583-3 Format: DG Online First published: 10/2012 Revised: 04/2016 Recommended Retail Price: $0.00 Number Of Pages: 117 Subject: Political Science Foreword © Queensland Parliament 2012 Copyright protects this publication, with copyright residing with the Parliament of Queensland. Reproduction of this publication by educational institutions for classroom/ lecture room use is permitted. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted by the Copyright Act 1968, no part may be reproduced or re-used for any commercial purposes whatsoever without prior written permission of the Clerk of the Parliament on behalf of the Parliament of Queensland. Queensland Parliament House Brisbane Queensland Queensland Parliament Address: Parliament House Brisbane Qld 4000 Web: www.parliament.qld.gov.au Email: [email protected] Phone: (07) 3553 6000 QUT Business School This publication has been produced in conjunction with the QUT Business School Wi-fi required to view Google map. Note: only viewable in landscape mode. ii Instructions View video on how to use the interactive features of the iBook format. Including: • Gestures (swiping, tapping, etc) • References • Notes • Emailing notes • Study cards Chapter 1 The Three Levels of Government There are three levels of government in Australia – local, state and federal. The Three Levels of Government QUICK LINKS There are three levels of government in Australia – local, state and federal. Each level of 1. Federal Level of Government government has its own set of elected representatives and is responsible for the provision of different services for the people. The Australian Constitution sets out the 2. State Level of Government division of powers and responsibilities between the federal and state governments, and 3. Local Level of Government the state constitutions provide for local government. Australia, like Canada, the United States of America and Switzerland, is a federation. Prior to federation, Queensland, New South Wales, Victoria, Tasmania, South Australia and Western Australia were all self-governing colonies within the British Commonwealth. In 1901, the colonies agreed to form a federation known as the Commonwealth of Australia. Under this agreement they attained statehood and independence in relation to a range of matters and the new federal Parliament gained responsibility for a significant number of matters previously the responsibility of the individual colonies. Australia has a Constitution designed to protect the autonomy of the states and cede only particular and limited powers to the federation. It does this under section 51 of the Constitution by prescribing the powers of the federal Parliament with the residual powers left to the states. Under section 109 of the Australian Constitution, if the federal Parliament and a state Parliament both pass inconsistent laws about an area where there is concurrent power, the federal law shall prevail. The Three Levels of Government 5 The Three Levels of Government Federal Level of Government The powers of the Commonwealth Parliament are set out in Part V of the Australian Constitution. Some of the powers granted to the At a federal level, there are two Houses of Parliament – the House of Commonwealth are exclusive. The main powers are Representatives and the Senate. The House of Representatives has • the power to levy customs and excise duties, 150 Members. Each member represents a single member electorate. • the power to coin money, and They are elected for terms of up to three years using the compulsory the power to initiate referendums for constitutional change. preferential voting method. The party, or coalition of parties, that holds • the majority seats in the House of Representatives forms the Apart from the exclusive powers, most of the powers granted by the Government. The leader of the governing party in the House of Constitution to the Commonwealth are shared concurrently with the Representatives becomes the Prime Minister. states. When the Australian Constitution was framed, it was intended that the Section 51 outlines the powers that the Commonwealth shares with interests of the less populous states would be protected by providing the states. Powers not listed in section 51 are known as residual all states with equal representation in the Senate. Currently there are powers and those powers reside with the states. Some of the shared 76 Senators, 12 from each of the six states and two from each of the powers set out in section 51 are: mainland territories. Proportional representation voting is used to elect Senators. The Constitution provides for a continuing, but rotating, 51(i.) Interstate and international trade and commerce Senate membership. Therefore, Senators are elected for six years, 51(ii.) Taxation; but so as not to discriminate between with half the Senators elected every three years. The exception to this States or parts of States system is the Senators representing Australia’s two territories. They 51(v.) Post and telephone are elected to serve the same term of office as that of the Members of 51(vi.) Defence the House of Representatives. 51(ix.) Quarantine (x.) Fisheries beyond territorial limits The Three Levels of Government 6 The Three Levels of Government (xii.) Currency, coinage, and legal tender State Level of Government 51(xiii.) Banking, other than State banking; also State banking extending beyond the limits of the State concerned, The Premier is the leader of a state government and the Chief Minister the incorporation of banks, and the issue of paper money is the leader of a territory government. Members of the State 51(xx.) Foreign trading or financial corporations Parliament are elected to represent the people of each state. State 51(xxi.) Marriage and territory governments raise revenue in the form of state taxes and 51(xxii.) Divorce and custody charges. However, the majority of revenue expended by the states 51(xxiii.) Pensions and benefits comes from Commonwealth taxes and charges. 51(xxvii.) Immigration and emigration 51(xxix) External affairs The legislative authority of the state parliaments is defined broadly. 51(xxxv.) Conciliation and arbitration of industrial disputes Section 2 of the Constitution Act 1867 (Qld) authorises the extending beyond a State. Queensland Parliament “… to make laws for the peace, welfare and good government of the colony in all cases whatsoever”. These broad Other sections of the Constitution prohibit the States from, e.g., powers were confirmed by the Australia Act 1986 (Cwlth), which raising armed forces or discriminating against the residents of other declared that the legislative powers of each state parliament “… States. include full power to make laws for the peace, order and good government of that State”. Under Section 107 of the Australian Constitution, the states are given residual powers. In other words, anything that is not specifically listed as an exclusive power of the Commonwealth - or “incidental” to something specifically mentioned - is within the ambit of the states. The Three Levels of Government 7 The Three Levels of Government Some of the services that state governments are responsible for Local Level of Government include: Although local government is not specifically mentioned in the federal • Education Constitution, it is recognised in all the state constitutions. • Public health Queensland’s system of local government is dealt with in Chapter 7 of Hospitals • the Constitution of Queensland 2001. It states that there must be a • Railways and public transport system of local government in Queensland and specifies the • Roads requirements for local governments. It also provides procedures for • Mining and agriculture consultation and for the dissolution of local governments. The actual • Law courts system of local government is established by other acts of parliament, principally the Local Government Act 2009. • Police • Fire brigades and ambulance services Section
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