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Frequently Asked Questions

In Australia, there are three levels of government: federal, state or territory and local. We vote to elect representatives to each of these three levels.


Federal

The Federal Parliament consists of two houses: the House of Representatives and the Senate. We elect representatives in both houses. A federal election is conducted once every three years and typically involves the election of all House of Representatives members and half of the Senate.

A member of the House of Representatives represents their geographic area, also known as an electorate. Casey is one of 151 federal electorates. The party with the majority of seats in the House of Representatives make up the leading Federal Government. The leader of this party is the Prime Minister.

In the Senate, Senators represent a whole state or territory. There are 12 senators for every state and two for each Territory, who are voted in by the people of that State or Territory.

The Federal government for Casey, and all of Australia, is the Commonwealth Government of Australia.

 

State

State elections work similarly to Federal elections, where voters in geographical electorates vote for members of the State Parliament. There are 88 members of the State parliament in the Lower House, one for each district in Victoria. The party with majority support in the Lower House forms the Victorian Government. There are 40 members in the Upper House, five for each region in Victoria. The leader of a State government is called the Premier.

The Federal Electorate of Casey overlaps with three state electoral districts; Eildon, Evelyn and Monbulk.

 

Local

The Local government is also called the city council or shire council. Councils are established by state governments to look after the particular needs of a city or local community and provide public services. Councils regulate and manage services adapted to the needs of the community they serve. The head of the Council is the Mayor.

The Federal Electorate of Casey is almost entirely covered by the Yarra Ranges Shire Council.

For a good infographic explaining the different tiers of government, please see this link from the AEC’s website: https://www.aec.gov.au/learn/files/poster-three-levels-gov.pdf

Federal

At federal elections, you will vote for one person in the House of Representatives to represent your geographic area, Casey. For someone to represent Casey in the House of Representatives, they must win 50% of the votes.

You will also vote for people to represent your state in the Senate. Victoria as a state will receive 12 Senators. At federal elections, you will typically be handed two ballot papers. One of these papers is for voting for a representative for Casey in the House of Representatives, and the second paper is for Senators in Victoria.

State

In a state election, you vote for one person to represent your area in the Lower House, known as a District. Three state districts overlap with the federal electorate of Casey: Eildon, Monbulk and Evelyn.  You are also voting for five people to represent your area in the Upper House, known as a Region.

Local

The people's representatives who form the Council are called councillors. Casey has nine councillors.

Local government responsibilities include:

  • Local rates and taxes
  • Local roads and footpaths
  • Street lighting
  • Waste management and garbage collection
  • Parking
  • Town planning
  • Building approvals and inspections
  • Pet services
  • Services such as childcare and aged care
  • Recreational facilities such as swimming pools, libraries, parks and sports fields

 

State and Territory government responsibilities include:

  • Crime and Justice
  • Health and hospitals
  • Education, including primary and high school and tertiary
  • Public transport
  • Main roads
  • Utilities such as electricity and water supply
  • Mining
  • Agriculture
  • Forestry

 

Federal government responsibilities include:

  • Foreign affairs
  • Welfare payments
  • Medicare
  • Industrial relations
  • International and Australian trade and commerce
  • Immigration
  • Currency
  • Defence
  • Banking and insurance
  • Citizenship
  • Taxation

Australia has a representative democratic system of government. This means citizens vote to elect people to represent them in parliament. The elected officials will go on to make and vote on laws on behalf of their electorate. Therefore, when voting, it is important to consider which candidate most closely aligns with your interests, morals and preferences.

Australia is also a constitutional monarchy, which means that the King or Queen of Britain is our head of state, but they have limited power according to the Constitution. Due to the geographical distance and inconvenience, the King or Queen has a representative for the British monarch called the Governor General, who acts on their behalf.

Before a bill becomes law, it needs final approval from the Governor General, who represents the British monarch. This is called a Royal Assent. No Governor General has ever refused to give royal assent to a bill, as it has gathered enough support from politicians and citizens that it would be undemocratic for the Governor General to defeat the bill at its final stage.

Another factor in Australia's system of government is being a federation. A federation is when a group of states and/ or territories join together to form a single country. This occurred in Australia in 1901, creating our federal government.

In Australia, all eligible Australian citizens must enrol and vote in elections.

Australian federal elections use the preferential voting system, where voters place the number '1' in the box next to the candidate who is their first choice, and the numbers '2', '3', and so on, against the other candidates in order of their preference.

At the conclusion of voting, all the ‘1’ votes are counted first for each candidate in an electorate. If a candidate gets more than 50% of these first preference votes, an absolute majority, they are immediately elected.

If no candidate has an absolute majority after the ‘1’ votes, the candidate with the fewest votes is excluded from the count going forward. The votes for this candidate are then transferred to the candidate numbered ‘2’ on each of those ballot papers, who is the voters’ ‘second preference’.

This process will continue until one candidate has more than half the total votes.

For a good infographic explaining the preferential voting system, please see this link from the AEC’s website: https://www.aec.gov.au/learn/files/poster-counting-hor-pref-voting.pdf

There is also a good explanation of preferential voting in this video from a series posted by The Guardian: https://www.theguardian.com/australia-news/video/2022/apr/22/voting-101-what-is-preferential-voting-and-how-does-it-work-in-australian-elections-video

A referendum is the only way to change the Australian Constitution. It is compulsory to vote in a referendum, similar to a federal election. They are formed in the question “Do you approve this proposed alteration?” to which voters write either a “yes” or “no” answer.

Firstly, a proposal to change the Constitution must be introduced as a bill in the House of Representatives. It must pass both houses of Parliament before being put to the Australian people for a vote.

For a referendum to pass the vote, a double majority is needed. This is; a majority of voters in all of Australia, and a majority of voters in a majority of the states (i.e. at least four out of six states). The two Territories are not included in this second factor, only towards the national majority.

This is a very hard benchmark to meet. Since Australia was formed in 1901, there have been 45 referendums proposing constitutional change. Only 8 of these passed.

For a good infographic explaining the double majority, see this infographic from the AEC’s website: https://www.aec.gov.au/elections/referendums/files/double-majority-fact-sheet.pdf

Independents are not a part of an established political party. Therefore, they prioritise the needs and interests of their community over a party agenda. Representatives who belong to a political party are bound by the ideology and agenda of their party. Without the obligation to represent a party, Independent candidates focus solely on the issues and aspirations of their community. They can also advocate more strongly for local matters.

Independents can also introduce bills that put forward a new law on an issue important to their electorate. They can vote in favour of or against any bills they agree with or disagree with, and they can debate and negotiate to include new provisions that they believe will benefit their community.

Looking at the report cards of Casey’s representatives (insert link to report card), it is evident that previous and current Casey representatives vote with their party. Rarely, if ever, have they crossed party lines.

The ‘2024 Listening Report’, produced by Voices for Casey, shows some of the main issues for residents of Casey. Yet, when current Casey MPs are voting on issues, they are not often keeping the community at the forefront of their decisions but their political party.

No, an MP does not need to be in a political party. There is nothing in the Australian Constitution that says so, or that prevents an Independent helping form government. In a traditional two-party system, some issues become overlooked or ignored. Independents and minor parties provide new perspectives and ideas, and are more likely to engage with their communities to develop policy positions.

Independents can lead to a more accountable and effective government, as members will need to negotiate outside of their political party if they don’t have a majority. The governing party needs to have a majority in the House of Representatives. However, they don’t need a majority in the Senate. In fact, it is common for the governing party to not have a majority in the Senate.

If no party holds a majority, minor parties and Independents hold the balance of power. This means they have the final votes a party needs to decide on the issue and laws. Therefore, for a bill to become a law and pass through both Houses of the Federal Government, major parties must negotiate with Independents and minor parties.

This results in legislation that reflects a broader range of views and receives input on real community issues. This also promotes collaboration and negotiation as the government must engage with various stakeholders to pass laws, forcing them to take into account more considerations that community independents can promote. Independents are a vital component of the balance of power and have the opportunity to act in accordance with their community and decide the outcome of a law.

If no party or coalition of parties wins a majority in the House, the result is called a hung parliament. The government can then be formed by a major party joining a coalition with independents or minor parties to achieve the necessary numbers to govern. This is known as a minority government.

Minority governments are not inherently unstable, nor are they entirely negative. They are a fairly common occurrence in politics at all levels of government. Minority governments can be more effective and productive as they force politicians to work together, negotiate and compromise.

In fact, the minority government led by Julia Gillard was the most productive government, having the highest overall rate of legislation passed. This is calculated by taking the total number of acts passed by each Prime Minister and dividing it by the length of their time in office.[1]

The Gillard government accomplished such a successful government because they weren’t prioritising party lines but negotiating with minor parties and Independents.

[1] Evershed, N. (2022, May 4). Will a hung parliament lead to “chaos”? What a Gillard v Morrison comparison reveals. The Guardian. https://www.theguardian.com/news/datablog/2022/may/05/will-a-hung-parliament-lead-to-chaos-what-a-gillard-v-morrison-comparison-reveals.

Australia has a preferential voting system, as earlier explained. If you give your first preference to an independent and they are unsuccessful, your vote will transfer to the candidate to whom you gave your second preference. Therefore, there is no risk in giving your first preference to an independent.

Even if the Independent you vote for doesn’t get elected, your vote has not been wasted. An increase in competition in elections puts more pressure on the candidates to try and gain your vote. This means they will need to try to appeal to more voters, promising solutions, and actively work with community members to hear concerns. This encourages more productivity and effectiveness, or representatives risk being voted out at the next election.

Independents also have the power to turn safe seats, where the governing party is likely to hold power, into swing or marginal seats, which means the outcome could go either way. Politicians in safe seats are more likely to take their seats for granted and, therefore, won’t try as hard to win voters. Swing and marginal seats receive more attention and funding from major parties. A recent study found marginal electorates are 3.5 times more likely to get funds for projects compared to safe seats.[2]

[2] Medhora, S. (2019, May 1). Safe and swing seat. ABC Triple J. https://www.abc.net.au/triplej/programs/hack/safe-and-swing-seat/11063162.

Climate 200 is a community crowd-funded organisation that aims to support independent candidates. It was established in Australia in the lead-up to the 2019 federal election in response to growing public concern about climate change and the need for more ambitious environmental policies.

Voices for Casey and community independents do not receive or take instructions from Climate 200. Climate 200 is not a party. It does not start campaigns, select candidates, speak for candidates, dictate policies, or have members. They provide funding, resources, and strategic support to independent candidates chosen by community groups who prioritise climate action, integrity in politics, gender equality, and social justice.

Voices for Casey received a $15,000 grant via Climate 200's Community Accelerator Fund to be spent on events and activities that build our community of volunteers and raise the profile of Voices for Casey. This Fund was launched in April 2024, seeking donations to fund the work of groups like Voices for Casey.

Community independents are similar to teal independents.

‘Teal’ is a term used by the media to group independents who were successful in the 2022 Federal election and mostly ran in formerly safe Liberal seats. They received funding from the Climate 200 organisation, and their central policies were climate action, political integrity, representation of women, and other local priorities. The research done by Voices for Casey shows that the Casey Community supports these values as well as promoting extra values. 

This description of teal independents includes many community independents, even if their campaign was of a different colour. It’s important to note that ‘teal’ and community independents are independent candidates. They are not a part of an established political party. They do not take instructions from the Climate 200 group or other large stakeholders. They were elected by and serve their community.

Political advertisements promote a political party, candidate, or agenda. These ads are made by political parties themselves or by any stakeholders who are trying to influence voters.


There is currently no restriction on the amount of advertising by political parties or the channels in which they communicate. This means that during election season, voters are exposed to a large number of political advertisements through many different channels, such as television, texts, and emails.

There are currently no legal requirements for the content of political advertisements to be factually correct.

Political advertisements only need to meet some very basic requirements. Truth is not a requirement. The main requirements include stating who authorised the advertisements and not misleading voters on how to vote. Therefore, the lack of fact-checking means parties and politicians can lie in their advertisements in an attempt to influence voters. There are no consequences to lying to voters in political advertising.

According to a study conducted during the last federal election, 70% of respondents don't trust the government.[3] The fact that political advertisements don’t have to be truthful causes this distrust. The traditional two-party system is also partly to blame for the government's lack of integrity and accountability, causing Australians to feel more apathetic and disillusioned.

Independents and minor party candidates are helping combat this, as they threaten major parties' power and give voters a chance to hold the government to account. 

At the state level, both South Australia and the ACT have enacted laws that enforce truth in political advertising laws. However, this does not influence the federal level.

[3] Alvaro, A. (2024, March 6). Tasmanians engaged in the campaign? ABC News. https://www.abc.net.au/news/2024-03-06/tas-state-election-are-tasmanians-engaged-in-the-campaign/103545140.

Governments are entrusted in public office to act in the public interest. However, this does not often occur in practice.

Political stakeholders are people, groups or businesses with a vested interest in the decision-making and activities of government. Similarly, lobbyists are people who want to influence laws and regulations on behalf of a group or individual who hires them.

Lobbying involves communicating with politicians to try to influence their decision-making. Large private corporations and businesses are highly likely to hire lobbyists to influence the government to act in ways that are beneficial to them.

Professional lobbyists can receive special orange passes that allow them special access in Parliament House in Canberra. This level of access is granted only to lobbyists and is not offered to regular voters.

Lobbyists are completely legal in Australia, and the regulations for lobbying are weak. In the Federal Parliament, lobbyists outnumber politicians three to one.

The Attorney-General’s Department has a register of lobbyists, who they work for, and a code of conduct. The code of conduct bans “corrupt, dishonest or illegal” conduct by lobbyists. It also says lobbyists must aim to ensure “truth and accuracy” in what they tell politicians.

However, the code of conduct is not enforceable, and there are no financial penalties for those who breach it. The department may remove a lobbyist who has breached the code. However, there is no obligation to.

Further, ministers and politicians do not need to disclose who they have met with in the Federal Parliament. Politicians can easily accept meetings with any lobbyists representing any organisation, and the greater public or electorate of that politician will never know.

This current lack of enforceable regulation and transparency has caused corruption and dishonest influence. Powerful groups and organisations have triumphed over the general public in some recent debates, including gambling and pokies reform, pharmaceutical prices, toll roads and superannuation.

Stakeholders rarely invest in community independents, as independents are not likely to form a government and hold as much power compared to someone a part of a governing party. Independents are, therefore, much less likely to be influenced by external sources or ulterior motives, leaving their loyalty to the community they were elected to serve.

In our two-party system, stakeholders provide significant amounts of donations to both parties, knowing that it is most likely one of them that will form government. As the government in charge creates most laws and regulations, stakeholders want to influence politicians to ensure they receive the most benefits, such as lower taxes and fewer restrictions.

The major parties rely heavily on a handful of big donors to fund their election campaigns. Stakeholders, therefore, manipulate major parties by providing campaign funds or other benefits in return for their interests to receive greater attention. Major donors to political parties are far more likely to get a meeting with a senior minister.

Community independents are actively trying to change this corrupt culture and create more political integrity.

Federal Independent MP for Kooyong, Dr Monique Ryan, introduced the Lobbying (Improving Government Honesty and Trust) Bill 2023 in November 2023. This Bill was not able to proceed to the Senate. It introduced a more extensive code of conduct for lobbying that would have been enforceable, with penalties of up to $30,000 for certain breaches. It also required lobbyists to report their meetings four times a year and ministers to publish their diaries.

Similarly, In early December 2023, Independent Senator for the ACT, David Pocock, successfully moved a motion to inquire into professional lobbying.

Independents have proven that they’re more likely to clamp down on corruption and a lack of integrity in politics as they don’t have the backing or influence of large private corporations.

Unlike the United States and many other countries, Australia has no explicit freedom of speech. Instead, our Constitution has an implied freedom of political communication. Technically, this is not an individual right we citizens have, but a restriction on laws that interfere with free communication about politics and government.

The implied freedom of political communication is derived from sections 7, 24, 64, and 128 of the Australian Constitution. It is not expressly written. It has been understood and held by the High Court as a protection of free communication on political or government matters in the case Lange v Australian Broadcasting Corporation (1997).

Sections 7 and 24 of the Constitution sets the rules for electing politicians to the House of Representatives and the Senate. They mandate that the people of Australia must directly choose members of the Commonwealth Parliament, our representative government. From here, the High Court ruled that an implied freedom of political communication goes hand in hand with electing a representative. Essentially, if our Federal Parliament must be made up of representatives elected by the people, then the people have the freedom to speak about political matters. This is necessary for an effective representative government.

It is a right that allows us to speak in favour of or against, as well as criticise and condemn government and political matters. It is the foundation for the general right to protest without punishment. The Commonwealth and State governments cannot make laws or take action that would breach the implied freedom, as the High Court can invalidate such laws if specific criteria are met. A government could pass a law that breaches the implied freedom if that law does so for a legitimate aim, and is proportionate to that aim.

This freedom is not absolute, covering only political communication, and only to the extent necessary to protect the representative government. It is also more of a restriction on the Government than a freedom.

Nonetheless, it is a significant factor to remember when electing a representative.

The separation of power refers to 3 powers: the Executive, the Judiciary, and the Legislative. They are equally essential and avoid one group having too much power.


The Executive

The Executive is made up of the British Monarchy, which the Governor-General represents, the Prime Minister and cabinet ministers. Cabinet ministers are ministers in charge of a portfolio, e.g. the Minister for Defence, Minister for Home Affairs, Minister for Immigration, and Treasurer. These are people who execute and approve of the laws.

The Legislative

The Legislative comprises of all members of the House of Representatives and the Senate. These are people who legislate the laws. They are very similar to the Executive, as the Prime Minister and cabinet ministers are technically included in the House of Representatives and, therefore, the Legislative power.

The Judiciary 

The Judiciary consists of the State and Federal courts, including the High Court. They make judgments about the laws. Judges' decisions act as binding precedents for later decisions on lower courts. This is known as common law. However, statute law, which is laws made by Parliament, can override common law, on any matter except Constitutional Interpretation.


Whilst they are technically separate powers, the executive and legislative are quite close. Nevertheless, the judiciary and parliament, which are both the executive and legislative branches, work independently. For example, Parliament can only create law; it cannot judge if the law has been broken. Parliament also does not have the power to remove a judge if they are unhappy with their decisions. They also do not have the power to change a decision of the High Court.

Australia has a court hierarchy that includes all state, territory, and federal courts. The state and territory courts deal with matters under state and territory laws. The federal courts deal with matters involving federal law and with appeals from state and territory courts. The High Court is the highest level court in the Australian judicial system.

The High Court was established by Section 71 of the Constitution and contains a Chief Justice and six other Justices. It is the highest court of appeal in Australia and the only court that can interpret the Constitution and determine the validity of laws. The judgement of the High Court in cases is final and conclusive.

Parliament has the right to create, change or remove any law, only within the limits of the Constitution. The High Court can invalidate a law created by Parliament if it goes against what is permitted in the Constitution. As stated earlier, Australians have a Constitutionally interpreted freedom of political communication. If Parliament were to create a law that infringes on this freedom, the High Court would invalidate that rule. This would apply to any other Constitutionally enshrined rights, freedoms, rules or systems, including voting. 

Please feel free to get in touch with the Voices for Casey team here: https://www.voices4casey.com.au/contact

If your questions relate to voting, ballot papers, or government,  please also visit the AEC’s website: https://www.aec.gov.au/faqs/ or here: https://www.aec.gov.au/learn/

Alvaro, A. (2024, March 6). Tasmanians engaged in the campaign? ABC News. https://www.abc.net.au/news/2024-03-06/tas-state-election-are-tasmanians-engaged-in-the-campaign/103545140.

Australian Electoral Commission. (2019, December 3). Forming Federal Government. https://www.aec.gov.au/learn/formation-of-government.htm.

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Begley, P. (2023, November 13). Lobbyists outnumber politicians in new code of conduct regulation. ABC News. https://www.abc.net.au/news/2023-11-13/lobbyists-outnumber-politicians-code-of-conduct-regulation/103090798.

Climate 200. (2024). About us. https://www.climate200.com.au/about-us.

Crowley, T. (2023, November 13). An independent MP wants to crack down on federal lobbying. The Daily Aus. https://thedailyaus.com.au/stories/an-independent-mp-wants-to-crack-down-on-federal-lobbying/.

Evershed, N. (2022, May 4). Will a hung parliament lead to “chaos”? What a Gillard v Morrison comparison reveals. The Guardian. https://www.theguardian.com/news/datablog/2022/may/05/will-a-hung-parliament-lead-to-chaos-what-a-gillard-v-morrison-comparison-reveals.

Evershed, N. (2013, June 28). Was Julia Gillard the most productive prime minister in Australia’s history? The Guardian. https://www.theguardian.com/news/datablog/2013/jun/28/australia-productive-prime-minister.

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Parliamentary Education Office. (2023, December 14). Political advertising laws and questions. https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/what-are-the-laws-about-political-advertising-are-ads-at-election-time-true-and-what-can-we-do-if-theyre-not.

Parliamentary Education Office. (2023, December 14). What is the nature of the judicial power in s71 of the Constitution? https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/what-is-the-nature-of-the-judicial-power-in-s71-of-the-constitution.

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Stobart, A., & Griffiths, K. (2022, April 14). The rules, or lack thereof, for political advertising. Grattan Institute. https://grattan.edu.au/news/the-rules-or-lack-thereof-for-political-advertising/.

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Wahlquist, C. (2022, May 23). Teal independents: Who are they and how did they upend Australia’s election?. The Guardian. https://www.theguardian.com/australia-news/2022/may/23/teal-independents-who-are-they-how-did-they-upend-australia-election.

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