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LGBT rights in Australia | Military service
The Australian Defence Force (ADF) allows LGBT service members to serve openly and access the same entitlements as other personnel. LGBT personnel were effectively banned from the Australian armed forces until 1992; they could be subject to surveillance, interviews, secret searches and discharge from the military if discovered. The ban tended to be more strictly enforced during peacetime than wartime. Many homosexual personnel served in the military during the World Wars, the Korean War and the Vietnam War, with their comrades often being aware of their orientation and accepting of it.
In 1992, the Keating government overturned the ban on LGB personnel after a lesbian Australian Army reservist complained to the Human Rights and Equal Opportunities Commission that she was dismissed on the grounds of her sexuality. A 2000 study found that the lifting of the ban on gay service had not led to any identifiable negative effects on troop morale, combat effectiveness, recruitment and retention or other measures of military performance. The study also found that the lifting of the ban may have contributed to improvements in productivity and working environments for service members.
By the 2000s, the ADF was seeking to actively engage the gay and lesbian community. An official defence contingent joined the Sydney Gay and Lesbian Mardi Gras for the first time in 2008 and the contingent marched in uniform for the first time in 2013. Unofficial support groups had marched in the parade from 1996, initially against the wishes of the ADF's headquarters.
The ADF also recognises "interdependent relationships", which include same-sex relationships, regarding benefits available to active duty members. This means equal benefits in housing, moving stipends, education assistance and leave entitlements. To be recognised as interdependent, same-sex partners will have to show they have a "close personal relationship" that involves domestic and financial support. The ADF also gives equal access to superannuation and death benefits for same-sex partnerships.
Defence Force policy was amended to allow transgender Australians to openly serve in 2010. The policy was updated following the advocacy of Bridget Clinch, who sought to transition from male to female while serving in the Australian Army.
LGBTI personnel and their families are also supported and represented by the DEFGLIS, the Defence LGBTI Information Service Incorporated. Established in 2002, DEFGLIS has facilitated reforms in the ADF leading to improved recognition of same-sex partners, development of policy and guidance for members transitioning gender, and enhanced education about sexual orientation, gender identity and intersex people. |
LGBT rights in Australia | Conversion therapy
Conversion therapy has a negative effect on the lives of LGBT people, and can lead to low self-esteem, depression and suicide ideation. The pseudoscientific practice has long been performed in Australia. In the 1950s in New South Wales, men convicted of same-sex sexual activity would often be segregated and "medicalised" within the prison system. The patients were subjected to apomorphine injections and electric shocks. At the time, conversion therapy was supported by public officials, who viewed homosexuality as a "curable disease". There is, however, no scientific or medical evidence to support the use of conversion therapy.
Nowadays, reports suggest that conversion therapy is more "secret" and "insidious", and is run by religious groups or medical health practitioners. State governments have come under increasing pressure to enact legislation to ban and crack down on the use of the pseudoscientific practice. On 9 February 2016, for instance, the Health Complaints Act 2016 was introduced to the lower house of the Victorian Parliament. The bill created a Health Complaints Commissioner with increased powers to take action against groups performing conversion therapy; these powers ranging from issuing public warnings to banning them from practicing in Victoria. The bill passed the lower house on 25 February 2016, passed the upper house on 14 April 2016 with minor amendments and passed the lower house with the attached amendments on 27 April 2016. Royal assent was granted on 5 May 2016. The law went into effect on 1 February 2017. In May 2018, the Victorian Government announced tougher regulations to crack down on people practicing conversion therapy. In May 2018, ACT Health Minister Meegan Fitzharris said "The ACT government will ban gay conversion therapy. It is abhorrent and completely inconsistent with the inclusive values of Canberrans."
A Fairfax Media investigation in 2018 reported that "across Australia, organisations who believe that LGBTI people can or should change are hard at work. Conversion practices are hidden in evangelical churches and ministries, taking the form of exorcisms, prayer groups or counselling disguised as pastoral care. They're also present in some religious schools or practised in the private offices of health professionals. They're pushed out through a thriving network of courses and mentors in the borderless world of cyberspace, cloaked in the terminology of 'self improvement' or 'spiritual healing.'" A study of Pentecostal-Charismatic churches found that LGBTI parishioners were faced with four options: remain closeted, come out but commit to remaining celibate, undergo conversion therapy, or leave the church ... the majority took the last option, though typically only after "agonising attempts to reconcile their faith and their sexuality". The study provides corroboration that conversion therapy remains practiced within religious communities.
Following the Fairfax investigation, Victorian premier Daniel Andrews called on the prime minister, Malcolm Turnbull, to support outlawing conversion therapy as part of the national mental health strategy. Federal health minister Greg Hunt declared that the issue is one for the states as no Commonwealth funding goes to sexual orientation change efforts—though "gay conversion ideology has been quietly pushed in schools as part of the federal government's chaplaincy program". The report noted that the Victorian law applies only to people offering health services and so does not catch religious groups and charities "who say they are helping same-sex attracted people to live in accordance with their faith".
Chris Csabs, a survivor of conversion therapy and LGBT+ advocate, joined Andrews in calling for the federal government to outlaw conversion therapy, declaring that "praying the gay away nearly killed me". He established a petition calling on Turnbull and Hunt to act to outlaw conversion therapy, declaring: "I prayed to God asking him to either heal me, or kill me. I was so depressed, I wanted to die." In April 2018, shadow health minister Catherine King wrote a response to the petition: "I'm writing to let you know that Labor stands with you, Chris Csabs and the medical experts in opposing gay conversion therapy ... two Turnbull Government ministers—the Acting Prime Minister and the Health Minister—have now failed to condemn the practice when given the chance." Shortly after Catherine King's response, the Queensland health minister, Steven Miles, voiced his concerns over the practise and stated that the federal health minister should be working with the states to enact change.
In April 2018, Health Minister Greg Hunt came under fire after he called conversion therapy "freedom of speech" and "a different view". After much criticism, he affirmed that the Federal Government does not support conversion therapy. In April 2018, the Victorian Liberal Party were set to debate a motion expressing support for conversion therapy at a party conference, but the motion was later removed from the agenda, following outrage from many Liberal politicians who called the motion an "embarrassment" and a "return to the 19th century".
In May 2018, the Victorian health minister, Jill Hennessy, called for an inquiry into gay conversion therapies. In an unprecedented move, the state government indicated it would not only investigate health professionals but will focus on religious and faith-based ministries propagating gay conversion ideologies. The following day, the health minister of the Australian Capital Territory, Meegan Fitzharris, followed Catherine King's lead by also responding to the petition, stating that, "The ACT government will ban gay conversion therapy. It is abhorrent and completely inconsistent with the inclusive values of Canberrans."
In September a 2018 SOCE (Sexual orientation Change Efforts) Survivor Statement, a document written by a coalition of survivors of conversion practices and calling on the Australian government to intervene to stop conversion practices occurring, was sent with the petition to key members of parliament. The authors of the SOCE Survivor Statement, which became known as the SOGICE (Sexual Orientation and Gender Identity Conversion Efforts) Survivor Statement in 2019, coined new terms such as "LGBTQA+ conversion practices", "conversion movement" and "conversion ideology" to more accurately reflect their experiences. The SOGICE Survivors Statement lists survivor-led recommendations to the Australian government to stop conversion practices in Australia. |
LGBT rights in Australia | Efforts to ban conversion therapy
In September 2018, the Australian Senate unanimously passed a motion expressing opposition to the pseudoscientific practice and calling on the state governments to enact laws prohibiting it.
At the 2019 federal election, the Australian Labor Party promised to introduce a national ban on conversion therapy if elected to government. In response, Coalition leader Scott Morrison said that while he opposed the practice, it was a matter for states and territories.
In August 2020, Queensland and the Australian Capital Territory became the first jurisdictions to pass legislation banning conversion therapy with 18 months imprisonment and 1 year imprisonment respectively.
On 11 November 2020, the Premier of Victoria Daniel Andrews and the Australian Labor Party announced the Change or Suppression (Conversion) Practices Prohibition Bill denouncing conversion practices as cruel, harmful and deceptive. The introduced legislation would outlaw the 'therapy' with fines up to $10,000 (AUD) or up to 10 years jail time. Along with the introduction of this legislation the government will provide increased support for those who have already been forced to experience the harmful practices. The bill passed the Legislative Council on 4 February 2021 and received royal assent and came into force in February 2022. The Legislative Council vote was 27 in favour and 9 against.
On 22 March 2024, New South Wales parliament passed a bill banning conversion therapy. The bill will take effect in 12 months. The Legislative Council vote was 22 in favour and 4 against.
Bans have been proposed by the governments of Tasmania and Western Australia. |
LGBT rights in Australia | Blood donation
Since 1 February 2021, Australian Red Cross Lifeblood bans blood donations from men who have had sex with men (MSM) in the previous three months. Before this date the deferral period for MSM's was twelve months, a policy that had been in place since 2000. There is an exception for MSM's consuming pre-exposure prophylaxis medication, who currently remain bound to the 12 month deferral policy.
Several other countries also have MSM bans ranging from three months to lifetime or permanent deferral. The 12 month deferral policy was challenged in 2005 to the Tasmanian Anti-Discrimination Tribunal. Four years later in May 2009, the tribunal dismissed the complaint saying that it was "unsubstantiated". The Victorian Government called on the Federal Government to remove the 12-month MSM donation ban in 2016, and in April 2020 the Therapeutic Goods Administration agreed to revise the deferral period for MSM down to three months. The revision required approval of the federal, state and territory governments before it could go into effect. |
LGBT rights in Australia | Positions of religious faiths
Australian faith communities vary widely in their official positions towards LGBT rights, including the legalisation of same-sex marriage. The official position of several major denominations of the Abrahamic faiths – Christianity, Judaism and Islam – is to oppose LGBT rights such as same-sex marriage, although this is not uniform across all denominations or clergy, with a number of religious leaders speaking out in favour of LGBT rights. The Australian Christian Lobby, formed in 1995, and the Catholic Australian Family Association, formed in 1980, strongly oppose LGBT access to adoption and marriage. The official positions of religious organisations are not necessarily shared by their adherents, with a 2005 study finding that along with members of the Anglican and Uniting churches, Australian Catholics were among the Australians most supportive of LGBTI people and their rights. Australia's peak Buddhist and Hindu organisations have expressed support for LGBT rights such as same-sex marriage.
With the advance of LGBT rights in Australia, religious opponents have increasingly used religious freedom arguments to justify continuing opposition against LGBT people on the grounds of their personal beliefs. Religious people in favour of LGBTI rights have also become more visible in the media, with the first interfaith pro-equality forum held in 2016.
In 2017, over 500 religious leaders in Australia wrote an open letter to the Australian Government to support marriage for same-sex couples, saying, "As people of faith, we understand that marriage is based on the values of love and commitment and we support civil marriage equality, not despite, but because of our faith and values." |
LGBT rights in Australia | Christianity
The leaders of several Christian denominations, such as Roman Catholicism and the Anglican Church, have opposed LGBT rights. In 2007, then-Catholic Archbishop of Sydney Cardinal George Pell, stated the Roman Catholic Church continues to teach that sexual activity should be confined to married opposite-sex couples and continues to oppose legitimising any extra-marital sexual activity and any "homosexual propaganda" among young people. Similarly, the former archbishop of the Evangelical Anglican Diocese of Sydney Peter Jensen vigorously opposed homosexuality, stating that accepting homosexuality is "calling holy what God called sin". Their successors, Anthony Fisher and Glenn Davies, continued to speak against LGBT rights, particularly in the context of opposing same-sex marriage. The Exclusive Brethren have also advertised against LGBT rights, such as in the lead up to the 2006 Tasmanian election. However, a number of moderate Anglican leaders have called for greater debate, noting that Australian Anglicans are divided with many supporting LGBT rights. Further, Catholic priest Father Paul Kelly advocated since 2008 for the abolition of the gay panic defence in Queensland to protect LGBT people from violence. As a direct result of his advocacy and online petition, the gay panic defence was abolished from Queensland law on 21 March 2017.
Since 2003, the Uniting Church in Australia has allowed sexually active gay and lesbian people to be ordained as ministers, with each individual presbyteries given discretion to decide the matter on a case-by-case basis. The Uniting Church has allowed ministers to conduct same-sex weddings at their discretion since 2018. Other LGBT-affirming Christian organisations include the Metropolitan Community Church, Acceptance for LGBT Roman Catholics and Freedom2b for Christians generally. On 13 July 2018, the Uniting Church in Australia voted to permit same-sex marriage and approve the creation of official marriage rites for same-sex couples.
A number of individual ministers of religion have publicised their support for LGBT rights and same-sex marriage without their denomination taking an official position. Father Frank Brennan has published an essay in Eureka Street arguing that while religious institutions should be legally exempt from "any requirement to change their historic position and practice that marriage is exclusively between a man and a woman", drawing a distinction between civil law and the Catholic sacrament of marriage, he added that recognition of civil unions or same-sex marriages in civil law may become necessary if the overwhelming majority of the population supported such a change. The Anglican Dean of Brisbane, Peter Catt, states that same-sex marriage is needed for "human flourishing and good order in society". Baptist minister Carolyn Francis asserted that churches needed to remain relevant and welcoming, including support for LGBTI rights and same-sex marriage. |
LGBT rights in Australia | Buddhism
Buddhist support for LGBT rights such as same-sex marriage was confirmed in 2012 by the Federation of Australian Buddhist Councils, which represents laypeople, and the Australian Sangha Association, which represents religious leaders. Bodhinyana Monastery abbot Ajahn Brahm also wrote to Parliament in support of same-sex marriage, noting that the institution of marriage pre-dates religion and that legalisation would alleviate human suffering. |
LGBT rights in Australia | Judaism
The Progressive Jewish community in Australia broadly supports LGBT rights, whereas the Orthodox branches remain opposed. Rabbi Shimon Cohen drew criticism for comparing homosexuality to incest and bestiality, and stating his support for gay conversion therapy. In 2007, the Council of Progressive Rabbis of Australia, New Zealand and Asia overturned their ban on same-sex commitment ceremonies. The North Shore Temple Emmanuel in Sydney began offering same-sex commitment ceremonies from 2008. In 2011, the Rabbinic Council of Progressive Rabbis of Australia, Asia and New Zealand announced their support for same-sex marriage under Australian law. This news was broadly publicised via a media release issued by Australian Marriage Equality on 25 May 2011. In May 2018, five months after the legalisation of same-sex marriage, Ilan Buchman and Oscar Shub became the first Jewish same-sex couple to marry in an Australian synagogue, the North Shore Temple Emmanuel in Sydney, after being in a relationship for 47 years. |
LGBT rights in Australia | Islam
The Australian Federation of Islamic Councils, a peak umbrella body for Muslim organisations, strongly opposed removing discrimination against same-sex couples in federal law. Chairman Ikebal Patel said such moves would threaten the "holy relationship" of marriage and the core values of supporting families. The Sunni Grand Mufti of Australia since 2011, Ibrahim Abu Mohamed, has maintained that Islam opposes what he has termed "sexual perversions" as a "religious fact". One imam sitting on the Sunni Australian National Imams Council described homosexuality as an "evil act" that spread diseases, while another stated that death is the Islamic penalty for homosexuality.
Nur Warsame is a gay imam in Melbourne who seeks to help LGBT Muslims reconcile their faith with their sexuality. In 2018, Warsame announced his intention to open an LGBTI-friendly mosque in Melbourne.
An Australian branch of the LGBT-friendly Muslims for Progressive Values was established in Australia by Professor Saher Amer from the University of Sydney and Reem Sweid from Deakin University who claim Australia is home "to some of the most conservative Muslims in the western world". Other Australian Muslims including Osamah Sami, and Muslims Against Homophobia Australia founder Alice Aslan have noted the need to address deep-seated homophobia in Australian Muslim communities. |
LGBT rights in Australia | Hinduism
Having previously been opposed, in 2015, the Hindu Council of Australia declared it would support same-sex marriage in future after a wide-ranging consultation process on the basis that it desired to support freedom and that the issue is not considered at all in Hindu scriptures.
In 2017, a spokesman for the Australian Council of Hindu Clergy announced its support for same-sex marriage. The Australian Council of Hindu Clergy later issued a clarifying statement stating that it considered marriage to be between a man and a woman, after a formal vote indicated 90% opposition of its members to same-sex marriage. |
LGBT rights in Australia | Politics
Australian political parties are polarised on LGBT rights issues, with stronger support from left-of-centre parties such as the Australian Greens and the Australian Labor Party, as well as among moderate members of the centre-right Liberal Party. At state and territory level, most LGBTI law reform has been undertaken by Australian Labor Party governments. The number of openly LGBTI politicians has been increasing since the election of the first openly gay federal politician, former Greens leader Bob Brown, in 1996. |
LGBT rights in Australia | Coalition
The conservative Coalition has mixed views on LGBT rights, but its senior partner the Liberal Party of Australia has fielded an increasing number of LGBTI candidates in federal elections, including the first openly gay man elected to the House of Representatives, Trent Zimmerman. After the 2016 Australian federal election, he was joined by fellow gay Liberals Tim Wilson and Trevor Evans, with gay Senator Dean Smith representing Western Australia for the Liberals in the Senate since 2012. Each differs in their level of activism on LGBT issues, considering themselves members of the Liberal Party first and foremost.
The Coalition's history on LGBT issues is mixed; during the 1970s, Liberal politicians such as John Gorton and Murray Hill worked across party lines in supporting the decriminalisation of homosexuality. In the 1990s and early 2000s during the leadership of John Howard, LGBT rights became part of the culture wars over social policy and were used as wedge politics to separate social conservatives from the Australian Labor Party. Describing himself as "somewhere in the middle" on the acceptance of homosexuality, Howard refused to support the Sydney Gay and Lesbian Mardi Gras and stated he would be "disappointed" if one of his sons were gay. He also stated that "homosexual liaisons" did not deserve recognition as marriages and opposed LGBT adoption. Howard was also accused by a former ComCar driver of plotting with fellow politician Bill Heffernan to force the resignation of openly gay High Court judge Michael Kirby by having Heffernan make baseless allegations of misconduct against Kirby in Parliament. Howard refused to apologise to Kirby and continued to support Heffernan after the alleged evidence was proven fake. In 2004, the Howard government introduced laws allowing same-sex partners to inherit their partner's superannuation. Later that year, the Government passed laws to prevent same-sex marriages being performed or recognised in Australia. In 2007, Howard stated that HIV-positive immigrants should be banned from entering the country.
Following the loss of government in the 2007 Australian federal election, new leader Brendan Nelson flagged the Coalition's support for removing legal discrimination against same-sex couples in all areas except marriage, adoption and fertility services. Nelson was replaced by Tony Abbott, who maintained a socially conservative approach to LGBT issues and stated he felt a "bit threatened" by homosexuality but supported "enduring" gay unions. In 2015, Abbott addressed the tension between moderate and conservative members over a potential conscience vote on same-sex marriage with a joint Coalition party room meeting, which resolved that the matter required a vote by the Australian public first and prevented its members exercising a conscience vote on the issue. Abbott was accused by Christopher Pyne of "branch stacking" the party room by calling a joint meeting with the largely socially conservative Nationals, as this reduced the prospects of a free vote being endorsed.
Abbott was replaced in a leadership spill by same-sex marriage supporter Malcolm Turnbull, who had to maintain the plebiscite requirement as part of his elevation to the leadership. Under the Turnbull government, conservative members used the Safe Schools program and same-sex marriage as proxy issues to oppose the party's progressive wing after moderate Malcolm Turnbull's successful leadership challenge to Tony Abbott. Conservatives prevailed over progressives in the party by denying a conscience vote in the Parliament on same-sex marriage and successfully advocating for changes and the removal of federal funding to the Safe Schools anti-bullying program.
Aside from Darren Chester and Nigel Scullion, the Liberals' junior coalition partner, the National Party of Australia, was more uniformly opposed to same-sex marriage.
The subsequent Morrison government was relatively hostile to LGBT rights, including proposing "religious discrimination" laws to legalise certain forms of discrimination against LGBT people, refusing to protect LGBT teachers and students from discrimination by religious schools, banning Australian Defence Force morning teas supporting LGBT rights and Morrison endorsing the opposition to trans participation in women's sport, as expressed by Senator Claire Chandler and 2022 election candidate Katherine Deves.
The Liberal Party of Australia now supports recognition of LGBT people and a ban on conversion therapy. |
LGBT rights in Australia | Australian Labor Party
The Australian Labor Party's position has increasingly shifted in favour of pro-LGBTI policies, in part to counter the electoral rise of the Australian Greens, and in part through internal lobbying by LGBT supporters such as Penny Wong, Anthony Albanese and Tanya Plibersek. Under the leadership of Mark Latham in 2004, Labor supported the Howard government's ban on same-sex marriage to appease its right-wing factions and avoid losing electorates in western Sydney. The party platform continued to oppose same-sex marriage and civil unions until the 2011 National Conference, which passed motions supporting same-sex marriage while allowing its politicians a conscience vote. By 2013, the Labor Right faction also supported same-sex marriage. Opponents of LGBT rights in the party gradually departed, with Senator Joe Bullock leaving in 2016 after party policy changed in 2015 to bind members in favour of same-sex marriage from 2019 onwards. At the 2019 election, the party announced a range of LGBTI policies including a national conversion therapy ban, removing exemptions that allow for discrimination by religious schools against LGBT staff and students, a dedicated LGBTI human rights commissioner, increased HIV funding and increasing legal protections for transgender and intersex people. |
LGBT rights in Australia | Australian Greens
The Australian Greens are strongly supportive of LGBTI rights, with their first federal leader Bob Brown being the first openly gay politician elected to the Federal Parliament. The party has found significant electoral support among LGBTI Australians. They have consistently supported same-sex marriage and are in favour of adoption rights for same-sex couples. The Greens were also the first party to call for the legalisation of same-sex marriage and Greens MPs often use the slogan, "every vote, every time" in support. The Greens support calls to ban conversion therapy due to the harmful mental health impacts of sexual orientation and gender identity change efforts.
In education, the Greens have expressed strong support for the Safe Schools program and believe that staff and students should not face discrimination in the education system. The party supports increased access to hormone treatments for transgender and gender diverse people, and support the processing of refugees in Australia who have been criminally charged with homosexual acts in their home countries. The party has supported the removal of the gay blood ban and the gay panic defence.
The Greens would like to establish a federal Office for LGBTI People, as part of the Department of the Prime Minister and Cabinet, and believe Australia should have a dedicated Commissioner for Sexual Orientation, Gender Identity and Intersex Rights at the Australian Human Rights Commission with powers equivalent to existing commissioners. |
LGBT rights in Australia | Pauline Hanson's One Nation
Whilst Pauline Hanson's One Nation party does not have any specific published policies regarding LGBT people, Senator Pauline Hanson voted 'no' in the same-sex marriage plebiscite and against the same-sex marriage bill in parliament. Pauline Hanson has voted consistently in federal parliament against increasing legal protections for LGBTI people. Pauline Hanson has also spoken out against same-sex adoption.
James Ashby who is the General Secretary of One Nation and chief of staff for Pauline Hanson since 2017, is gay.
During the 2017 Queensland state election, One Nation disendorsed its Bundamba candidate Shan Ju Lin after her anti-gay social media post. Lin accused James Ashby of deciding on Hanson's behalf that Lin should be disendorsed. In December 2016, Andy Semple withdrew as a candidate for Currumbin, after the party told him to delete an LGBT joke on Twitter.
In 2023, Hanson criticised NSW One Nation leader Mark Latham tweet in response to fellow politician Alex Greenwich, who is openly gay and called for him to apologise. |
LGBT rights in Australia | Summary table
Federal jurisdiction
State/Territory jurisdiction
See also
LGBT in Australia
Human rights in Australia
LGBT rights in Oceania
Same-sex marriage in Australia
Category:Australian LGBT rights activists
Category:Intersex rights activists
LGBT history in Australia
LGBT rights in Australian states and territories: |
LGBT rights in Australia | LGBT rights in the Australian Capital Territory
LGBT rights in New South Wales
LGBT rights in the Northern Territory
LGBT rights in Queensland
LGBT rights in South Australia
LGBT rights in Tasmania
LGBT rights in Victoria
LGBT rights in Western Australia |
LGBT rights in Australia | Notes
References
External links
Reviews of Laws and Rights
Australian Human Rights Commission – Resilient Individuals: Sexual Orientation Gender Identity & Intersex Rights 2015
Special Broadcasting Service – A definitive timeline of LGBT+ rights in Australia Archived 14 April 2019 at the Wayback Machine (Last updated 15 November 2017)
History and Activism
Australian Lesbian and Gay Archives
Living Out Loud: A History of Gay and Lesbian Activism in Australia by Graham Willett, ISBN 1-86448-949-9, 2000.
Mapping Homophobia In Australia Study
Queen City of the South Melbourne Queer History radio series
Support services
QLife – national LGBTI counselling and referral service
Adoption and Parenting
Gay Dads Australia Surrogacy Guide
Same Sex Couple Adoption: The Situation in Canada and Australia Archived 17 January 2008 at the Wayback Machine Parliament of Australia
NSW Law Reform Commission Report, 1988 – Artificial Conception: In Vitro Fertilization
Same Sex Parenting by Paul Boers, Senior Associate of Dimocks Family Lawyers. FindLaw.com (April 2005)
Other
Marriage aside, what laws still discriminate against gays?
Australia National Laws
Federal and State Anti-Discrimination Law
Legal Recognition of Same-Sex Relationships Briefing Paper 9/2006 New South Wales Parliament
World conference on LGBT rights
Interdependency Visa: Offshore Temporary and Permanent (Subclasses 310 and 110)
Sinnes, G.R. Australia Encyclopaedia of Homosexuality. Dynes, Wayne R. (ed.), Garland Publishing, 1990. pp. 93–97 |
Separation of powers in Australia | The separation of powers in Australia is the division of the institutions of the Australian government into legislative, executive and judicial branches. This concept is where legislature makes the laws, the executive put the laws into operation, and the judiciary interprets the laws; all independently of each other. The term, and its occurrence in Australia, is due to the text and structure of the Australian Constitution, which derives its influences from democratic concepts embedded in the Westminster system, the doctrine of "responsible government" and the United States version of the separation of powers. However, due to the conventions of the Westminster system, a strict separation of powers is not always evident in the Australian political system, with little separation between the executive and the legislature, with the executive required to be drawn from, and maintain the confidence of, the legislature; a fusion.
The first three chapters of the Australian Constitution are headed respectively "The Parliament", "The Executive Government", and "The Judicature". Each of these chapters begins with a section by which the relevant "power of the Commonwealth" is "vested" in the appropriate persons or bodies. On the other hand, the Constitution incorporates responsible government, in which the legislature and the executive are effectively united. This incorporation is reflected in sections 44, 62 and 64 of the Constitution. |
Separation of powers in Australia | Legislature and executive
Currently in Australia, there is no constitutional system where there is a complete separation of powers. In the Westminster system, ministers (executive) are required to sit in Parliament (legislative). This is to adhere with the concept of Responsible Government, which is a requirement of section 64 of the Constitution.
The specific requirement for ministers to sit in Parliament established the connection between executive and legislative, though any person may be appointed a Minister, their appointment lapses if they do not gain a seat in either house of the Parliament within three months. This provision was necessary in 1901, as the first government was sworn in on 1 January but the first parliament was not elected until late March (see 1901 Australian federal election). However, the provision is still relevant, such as the appointment of Bob Carr as Foreign Minister in 2012 prior to his appointment to the Senate. It also applies when a minister in the House of Representatives loses their seat at a general election; despite no longer being a member of parliament, the Minister will typically retain their portfolio for some days after the election, until the new government is sworn in. It also applied when John Gorton became Prime Minister in 1968; he was sworn in while a member of the Senate, then he resigned to contest a by-election for a lower house seat, which he won, but between his resignation from the Senate and being elected to the House of Representatives, he remained Prime Minister without holding any seat in Parliament.
In Victorian Stevedoring & General Contracting Co Pty Ltd v Dignan, the High Court of Australia held that it was impossible, consistent with the British tradition, to insist upon a strict separation between legislative and executive powers. It was found that legislative power may be delegated to the executive, and as a result upheld the validity of delegated legislation. By contrast, in its insistence on a strict separation of "judicial power", the High Court has been less willing to compromise. Furthermore, the role of the courts was discussed in Kable v Director of Public Prosecutions (NSW), whereby a NSW statute was invalidated since it purported to confer not-judicial functions to court. The principle that a State Court cannot be assigned powers that are incompatible with its constitutionally protected independence was extended to Territory Courts in Ebner v Official Trustee in Bankruptcy (2000).
The legislature can allocate the executive some of its powers, such as of the making of regulations under an Act passed by Parliament. Similarly, the legislature could restrict or over-rule some powers held by the executive by passing new laws to that effect, though these could be subject to judicial review.
The exceptionally strong party discipline in Australia, especially in the lower house, has had the effect of weakening scrutiny of the executive by the legislature since within the lower house, every member of the numerically larger party will almost always support the executive and its propositions on all issues.
On the other hand, the Senate has had the effect of restraining the power of the executive through its ability to query, amend and block government legislation. The result of the adoption of a proportional system of voting in 1949 has been that the Senate in recent decades has rarely been controlled by governments. Minor parties have gained greater representation and Senate majorities on votes come from a coalition of groups on a particular issue, usually after debate by the Opposition and Independents.
The Constitution does, moreover, provide for one form of physical separation of executive and legislature. Section 44, concerning the disqualifications applying to membership of Parliament, excludes from Parliament government employees (who hold "an office of profit under the crown" (iv)) along with people in certain contractual arrangements with the Commonwealth. This was demonstrated in 1992 after Independent MP, Phil Cleary, had won the Victorian seat of Wills. Cleary, on leave without pay from the Victorian Education Department at the time of his election, was held in Sykes v Cleary to be holding an office of profit under the Crown and disqualified. The Court noted that that Section 44's intention was to separate executive influence from the legislature. |
Separation of powers in Australia | Judiciary
As early as New South Wales v Commonwealth (The Wheat Case), the High Court decided that the strict insulation of judicial power was a fundamental principle of the Constitution. This also applies to tribunals and commissions set up by Federal Parliament which, unlike some of their equivalents in the states, can only recommend consequences. The Federal Parliament itself has the rarely used privilege of being able to act as a court in some circumstances, primarily where it may regard a non-member as acting "in contempt" of parliament.
The reasoning in the Wheat Case was taken further in Waterside Workers' Federation of Australia v J W Alexander Ltd where a decisive distinction between judicial and arbitral functions was drawn. The High Court made reference to the separation of powers again in R v Kirby; Ex parte Boilermakers' Society of Australia (Boilermakers' Case), highlighting that only a Chapter III Court can exercise judicial powers and, that a Chapter III Court is only permitted to exercise judicial power.
A consequence of the Australian version of the separation of powers is its role in encouraging judicial deference to the "political" arms of government. The normal propensity of the High Court is to recognise that separation of powers requires not only that the "political branches" should not interfere with judicial activity, but also that the judiciary should leave politicians and administrators alone. The importance of deference has been acknowledged in extrajudicial writings, and in decisions such as Drake v Minister for Immigration & Ethnic Affairs (No 2).
As a manifestation of the separation of powers, a 'Chapter III Court' cannot make administrative decisions. In administrative law this means that the courts cannot substitute an original decision of the executive, but can only decide on its correctness.
The doctrine of persona designata permits non-judicial functions to be conferred on judges in their personal capacity, as opposed to their judicial capacity. However, in Hindmarsh Island Bridge case, it was held that this is subject to the compatibility of the conferred non-judicial function with judicial office. |
Separation of powers in Australia | Prevalence in States
While there are strong textual and structural bases for the independence of the judiciary in the Commonwealth Constitution, the same is not true of the State constitutions. State courts, unlike their federal counterparts, are therefore capable of exercising non-judicial functions. For example, the District Court of South Australia, through its Administrative and Disciplinary Division, conducts merits review of administrative decisions, a function which at Commonwealth level can only be exercised by Executive tribunals. Nevertheless, a degree of judicial independence is maintained at State level by convention.
The federal separation of powers also has implications for State courts, due to the fact that State courts may be invested with federal judicial power under section 71 of the Commonwealth Constitution. On this basis it was held in Kable v Director of Public Prosecutions (NSW) that a State court could not be given a function inconsistent with its status as a potential repository of federal judicial power. The doctrine was rarely applied in the early years following Kable, leading Justice Kirby to describe it as "a constitutional guard-dog that would bark but once." However, there has been a revival in the High Court's application of the doctrine since 2009. One recent case was South Australia v Totani, which involved a challenge to the validity of the Serious and Organised Crime (Control) Act 2008 (SA). Section 14(1) of the Act required members of the Magistrates' Court of South Australia to make control orders on application by the Commissioner of Police, provided only that the Magistrate was satisfied that the person subject to the control order was a member of a declared organisation. Even though the functions of the Magistrates' Court under the Act are purely a matter of South Australian law, the fact that the Court is also capable of exercising federal jurisdiction was held to require that it maintain certain standards of independence and impartiality so that it retain the character of a court.
Parliamentary scrutiny of the executive and, in particular, by the New South Wales Legislative Council, was tested in the 1990s when Treasurer Michael Egan, on behalf of Cabinet, refused to table documents in the Legislative Council of which he was a member. The Council, determined to exercise its scrutiny of the executive, pressed the issues and eventually adjudged the Treasurer in contempt, suspending him from the house twice. The matters were disputed in three cases in the High Court and the Supreme Court of New South Wales. The results upheld that principle that the Legislative Council does have the power to order the production of documents by a member of the House, including a minister, and can counter obstruction. However, the extent of the Legislative Council's power in relation to Cabinet documents remains unclear.
In 2018 the High Court held that all matters falling within section 75, and section 76, of the Constitution formed part of the judicial power of the Commonwealth, including a dispute between the residents of different States. It followed that the federal separation of powers meant that a State tribunal was unable to determine a dispute between residents of different States. |
Separation of powers in Australia | Prevalence in Territories
One of the bases for the separation of powers in the Constitution is that the powers of the Parliament are found in Chapter I, executive powers are in Chapter II and judicial powers are in Chapter III. In 1915 it had been held that the separation of powers precluded the exercise of judicial power by the Inter-State Commission, provided for at section 101, in Chapter IV Finance and Trade. The power to make laws for the government of the territories is found in section 122, located in Chapter VI New States. How section 122 relates to Chapter III is "a problem of interpretation ... which has vexed judges and commentators since the earliest days of Federation" Three of the six judges in the Stolen Generations case, held that the separation of powers doctrine did not apply to the power to make laws for a territory under section 122 of the Constitution. The High Court went on to hold in 2004 that federal jurisdiction can be invested by the Australian Parliament in a Territory court as well as in a State court. In 2015 the question was again considered by the High Court where Gageler J,: at [118] and Keane J,: at [161] held that the power under section 122 was not constrained by the doctrine of separation of powers enshrined in Chapter III of the Constitution. Keane J similarly held . The other members of the Court, French CJ, Kiefel and Bell JJ,: at [46] and Nettle and Gordon JJ,: at [194] found it was unnecessary to answer the question. |
Separation of powers in Australia |
== References == |
Australian Journal of Political Science | The Australian Journal of Political Science is a quarterly peer-reviewed academic journal that covers a wide range of fields political studies and international relations, including Australian politics, comparative politics, policy studies, political theory and foreign policy. The journal was established in 1966 as Politics and obtained its current name in 1990. It is published by Routledge and is the official journal of the Australian Political Studies Association. The editors-in-chief are Renee Jeffery and Annika Werner (Griffith University). |
Australian Journal of Political Science | Abstracting and indexing
The journal is abstracted and indexed in: |
Australian Journal of Political Science | According to the Journal Citation Reports, the journal has a 2017 impact factor of 0.722. |
Australian Journal of Political Science | References
External links
Official website |
New Holland (Australia) | New Holland (Dutch: Nieuw-Holland) is a historical European name for mainland Australia.
The name was first applied to Australia in 1644 by the Dutch seafarer Abel Tasman. The name came for a time to be applied in most European maps to the vaunted Southern Land, or Terra Australis, even after its coastline was finally explored.
The continent of Antarctica, later named in the 1890s, was still in largely speculative form; it resumed the name Terra Australis (sometimes suffixed Non Cognita, meaning unknown). Its existence had been speculated on in some maps since the 5th century, under the theory of "balancing hemispheres".
Lieutenant James Cook, captain of HMS Endeavour, claimed the eastern portion of the Australian continent for the British Crown in 1770, naming it New South Wales. The British settlement of Sydney as a colony in 1788 prompted Britain to formally claim the east coast as New South Wales, leading to a search for a new collective name. New Holland was never settled by the Dutch people, whose colonial forces and buoyant population had a settled preference for the Dutch Cape Colony, Dutch Guyana, the Dutch East Indies, Dutch Ceylon and the Dutch West Indies.
New Holland continued to be used semi-officially and in popular usage as the name for the whole land mass until at least the mid-1850s. |
New Holland (Australia) | History
Dutch exploration and discovery (c. 1590s–1720s)
The name New Holland was first applied to the western and northern coast of Australia in 1644 by the Dutch seafarer Abel Tasman, best known for his discovery of Tasmania (called by him Van Diemen's Land). The English Captain William Dampier used the name in his account of his two voyages there: the first arriving on 5 January 1688 and staying until 12 March; his second voyage of exploration to the region was made in 1699. Except for giving its name to the land, neither the Netherlands nor the Dutch East India Company claimed any territory in Australia as its own. Although many Dutch expeditions visited the coast during the 200 years after the first Dutch visit in 1606, there was no lasting attempt at establishment of a permanent settlement. Most of the explorers of this period concluded that the apparent lack of water and fertile soil made the region unsuitable for colonisation. |
New Holland (Australia) | British colonisation
On 22 August 1770, after sailing north along Australia's east coast, James Cook claimed the entire "Eastern coast of New Holland" that he had just explored as British territory. Cook first named the land New Wales, but revised it to New South Wales. With the establishment of a settlement at Sydney in 1788, the British solidified its claim to the eastern part of Australia, now officially called New South Wales. In the commission to Governor Phillip the western boundary was defined as the 135th meridian east longitude (135° east) (map from 25 April 1787), taking the line from Melchisédech Thévenot's chart, Hollandia Nova—Terre Australe, published in Relations de Divers Voyages Curieux (Paris, 1663).
The term New Holland was more often used to refer only to that part of the continent that had not yet been annexed to New South Wales; namely it referred to the western half of the continent. In 1804, the British navigator Matthew Flinders proposed the names Terra Australis or Australia for the whole continent, reserving "New Holland" for the western part of the continent. He continued to use Australia in his correspondence, while attempting to gather support for the term. Flinders explained in a letter to Sir Joseph Banks: |
New Holland (Australia) | The propriety of the name Australia or Terra Australis, which I have applied to the whole body of what has generally been called New Holland, must be submitted to the approbation of the Admiralty and the learned in geography. It seems to me an inconsistent thing that captain Cooks New South Wales should be absorbed in the New Holland of the Dutch, and therefore I have reverted to the original name Terra Australis or the Great South Land, by which it was distinguished even by the Dutch during the 17th century; for it appears that it was not until some time after Tasman's second voyage that the name New Holland was first applied, and then it was long before it displaced T’Zuydt Landt in the charts, and could not extend to what was not yet known to have existence; New South Wales, therefore, ought to remain distinct from New Holland; but as it is requisite that the whole body should have one general name, since it is now known (if there is no great error in the Dutch part) that it is certainly all one land, so I judge, that one less exceptionable to all parties and on all accounts cannot be found than that now applied. |
New Holland (Australia) | His suggestion was initially rejected, but the new name was approved by the British government in 1824. The western boundary of New South Wales was changed to 129° east in 1825 (16 July 1825 – map). In 1826, to pre-empt a French settlement and claim to the territory, because of the importance of the route to New South Wales the British established a settlement, now called Albany, in south-west New Holland. Governor Ralph Darling of New South Wales put Edmund Lockyer in command of the expedition and gave him the order that if he encountered the French anywhere he was to land troops, to signify to them that "the whole of New Holland is subject to His Britannic Majesty's Government." In 1828 a further settlement was made, this time on the Swan River, and the name Swan River Colony was soon the term used to refer to the whole western part of the continent. The name New Holland was still invoked as the name for the whole continent when Charles Fremantle on 9 May 1829 took formal possession in the name of King George IV of "all that part of New Holland which is not included within the territory of New South Wales.": 11 In 1832, the territory was officially renamed Western Australia.
Even as late as 1837, in official correspondence between the British government in London and New South Wales, the term "New Holland" was still being used to refer to the continent as a whole. |
New Holland (Australia) | French exploration
From 1800 to 1803, France conducted an expedition to map the coast of New Holland, led by Nicolas Baudin. The Baudin expedition was intended to be a voyage of discovery that would further scientific knowledge and perhaps eclipse the achievements of James Hook.
Many Western Australian places still have French names today from Baudin's expedition: for example, Peron Peninsula, Depuch Island, Boullanger Island and Faure Island. |
New Holland (Australia) | Change of name
After British colonisation, the name New Holland was retained for several decades and the south polar continent continued to be called Terra Australis, sometimes shortened to Australia. However, in the 19th century, the colonial authorities gradually removed the Dutch name from the island continent and, instead of inventing a new name, they took the name Australia from the south polar continent, leaving a gap in continental nomenclature for eighty years. Even so, the name New Holland survived for many decades, used in atlases, literature and in common parlance.
In the Netherlands, the continent continued to be called Nieuw Holland until about the end of the 19th century. The Dutch name today is Australië.
One place where the name persists is in taxonomy. Many Australian species named in previous centuries have the specific name novaehollandiae or novae-hollandiae, for example the emu, Dromaius novaehollandiae. |
New Holland (Australia) | In literature
Description
Dutch politician and cartographer Nicolaes Witsen describes the south west Australian coast in a detailed description in a letter titled "Some late observations of New Holland" written to English naturalist Martin Lister, dated from 3 October 1698: |
New Holland (Australia) | On this Voyage nothing hath been discovered which can be any way serviceable to the Company. The Soil of this Country hath been found very barren, and as a Desart; no Fresh-water Rivers have been found, but some Salt-water Rivers, as also no Fourfooted Beasts, except one as great as a Dog, with long Ears, living in the Water as well as on the Land.
Black Swans, Parrots, and many Sea-Cows were found there; as also a Lake, whose Water seemed to be Red, because of the Redness of the Bottom of it: and round along the Shore there was some Salt. Our People had seen but Twelve of the Natives, all as black as Pitch, and stark naked, so terrified, that it was impossible to bring them to Conversation, or a Meeting: They lodge themselves as the Hottentots, in Pavilions of Small Branches of Trees. By Night our People saw Fires all over the Country; but when they drew near, the Natives were fled. The Coast is very low, but the Country far from the Sea is high.
Upon the Island near the coast have been seen Rats as great as Cats, in an innumerable Quantity; all which had a kind of Bag or Purse hanging from the Throat upon the Brest downwards. There were found many well-smelling Trees, and out of their Wood is to be drawn Oyl smelling as a Rose, but for the rest they were small and miserable Trees. There were also found some Birds nests of prodigious greatness, so that Six Men could not, by stretching out their Arms, encompass One of them; but the Fowls were not to be found. |
New Holland (Australia) | There was great Store of Oysters, Lobsters, and Crabs; and also strange sorts of Fish. There were also Millions of Flies, very much troubling Men. They saw a great many Footsteps of Men and Children, but all of an ordinary bigness. The Coast is very foul and full of Rocks. |
New Holland (Australia) | Other literature
In Gulliver's Travels (1726) by Jonathan Swift, the title character, travelling from Houyhnhnms Land, spends a few days on the southeast coast of New Holland before he is chased away by the natives.
The American author Edgar Allan Poe used the name New Holland to refer to Australia in his prize-winning 1833 short story "MS. Found in a Bottle": |
New Holland (Australia) | the hulk flew at a rate defying computation ... and we must have run down the coast of New Holland.
In 1851, Herman Melville wrote, in a chapter of his novel Moby-Dick entitled "Does the Whale's Magnitude Diminish? – Will He Perish?": |
New Holland (Australia) | ... may the great whale outlast all hunting, since he has a pasture to expatiate in, which is precisely twice as large as all Asia, both Americas, Europe and Africa, New Holland, and all the Isles of the sea combined.
In 1854, another American writer, Henry David Thoreau, used the term New Holland (referring to the territory of the "wild" indigenous Australians) in his book Walden; or, Life in the Woods, in which he writes: |
New Holland (Australia) | So, we are told, the New Hollander goes naked with impunity, while the European shivers in his clothes. |
New Holland (Australia) | See also |
New Holland (Australia) | History of Western Australia
Terra Australis
European exploration of Australia |
New Holland (Australia) |
== References == |
Australian cuisine | Australian cuisine is the food and cooking practices of Australia and its inhabitants. Australia has absorbed culinary contributions and adaptations from various cultures around the world, including British, European, Asian and Middle Eastern.
Indigenous Australians have occupied Australia for some 65,000 years, during which they developed a unique hunter-gatherer diet, known as bush tucker, drawn from regional Australian plants and animals. Australia became a collection of British colonies from 1788 to 1900, during which time culinary tastes were strongly influenced by British and Irish migrants, with agricultural products such as beef cattle, sheep and wheat becoming staples in the local diet. The Australian gold rushes introduced more varied immigrants and cuisines, mainly Chinese, whilst post-war immigration programs led to a large-scale diversification of local food, mainly due to the influence of migrants from the Mediterranean, East Asia and South Asia.
Australian cuisine in the 21st century reflects the influence of globalisation, with many fast-food restaurants and international trends becoming influential. Organic and biodynamic foods have also become widely available alongside a revival of interest in bush tucker. Australia exports many agricultural products, including cattle, sheep, poultry, milk, vegetables, fruit, nuts, wheat, barley and canola. Australia also produces wine, beer and soft drinks.
While fast food chains are abundant, Australia's metropolitan areas have restaurants that offer both local and international foods. Restaurants which include contemporary adaptations, interpretations or fusions of exotic influences are frequently termed Modern Australian. |
Australian cuisine | History
Indigenous Australian bush food
Indigenous Australians have lived off native flora and fauna of the Australian bush for over 60,000 years. In modern times, this collection of foods and customs has become known as bush tucker.
It is understood that up to 5,000 species of Australian flora and fauna were eaten by Indigenous Australians. Hunting of kangaroo, wallaby and emu was common, with other foods widely consumed including bogong moths, witchetty grubs, lizards and snakes. Bush berries, fruits, and nuts were also used, including the now widely cultivated macadamia nut, and wild honeys were also exploited. Fish were caught using tools such as spears, hooks and traps; in some areas, the construction of complex weir systems allowed the development of forms of aquaculture.
Resource availability and dietary make-up varied from region to region and scientific theories of bush tucker plants being spread by hand have recently emerged. Food preparation techniques also varied; however, a common cooking technique was for the carcass to be thrown directly on a campfire to be roasted.
Native food sources were used to supplement the colonists' diet following the arrival of the First Fleet in Botany Bay in 1788. |
Australian cuisine | Development of Australian cuisine
Following the pre-colonial period, European colonisers began arriving with the First Fleet at Sydney harbour in 1788. The diet consisted of "bread, salted meat and tea with lashings of rum (initially from the West Indies but later made from the waste cane of the sugar industry in Queensland)." The British found familiar game in Australia including swan, goose, pigeon and fish, but the new settlers often had difficulty adjusting to the prospect of native fauna as a staple diet. Meat constituted a large proportion of the Australian diet during the colonial era and into the 20th century.
After initial difficulties, Australian agriculture became a major global producer and supplied fresh produce for the local market. Stock grazing (mostly sheep and cattle) is prevalent throughout the continent. Queensland and New South Wales became Australia's main beef cattle producers, while dairy cattle farming is found in the southern states, predominantly in Victoria. Wheat and other grain crops are spread fairly evenly throughout the mainland states. Sugar cane is also a major crop in Queensland and New South Wales. Fruit and vegetables are grown throughout Australia and wheat is a main component of the Australian diet. Today there are over 85,681 farm businesses in Australia, 99 percent of which are locally owned and operated.
Barbecued meat is almost synonymous with Australian cuisine, though it is estimated that more than 10% of Australians are now vegetarian. |
Australian cuisine | Modern Australian cuisine
After World War II, subsequent waves of multicultural immigration, with a majority drawn from Asia and the Mediterranean region, and the strong, sophisticated food cultures these ethnic communities have brought with them influenced the development of Australian cuisine. This blending of "European techniques and Asian flavours" came to be known as Modern Australian cuisine.
Arguably the first Modern Australian restaurant was Sydney's Bayswater Brasserie (est. 1982), which offered Mediterranean dishes with Asian and Middle Eastern influences and "showed Sydney [...] that food can be adventurous without being expensive". The term itself was first used in print in the 1993 edition of the Sydney Morning Herald Good Food Guide, which placed 34 restaurants under this heading, and was quickly adopted to describe the burgeoning food scene in Sydney in the 1990s. Leading exponents of the style include Tetsuya Wakuda, Neil Perry and Peter Gilmore.
As of 2014, the term is considered somewhat dated, with many restaurants preferring to call their style "contemporary Australian cuisine" instead. |
Australian cuisine | Fruit and vegetables
Fruit
There are many species of Australian native fruits, such as quandong (native peach), wattleseed, muntries/munthari berry, Illawarra plums, riberry, native raspberries, and lilli pillies, as well as a range of native citrus species including the desert lime and finger lime. These usually fall under the category of bush tucker, which is used in some restaurants and in commercial preserves and pickles but not generally well known among Australians due to its low availability.
Australia also has large fruit-growing regions in most states for tropical fruits in the north, and stone fruits and temperate fruits in the south which has a mediterranean or temperate climate. The Granny Smith variety of apples originated in Sydney in 1868. Another well-known Western Australian apple variety is the Cripps Pink, known locally and internationally as "Pink Lady" apples, which was first cultivated in 1973.
Fruits cultivated and consumed in Australia include apples, banana, kiwifruit, oranges and other citrus, mangoes (seasonally), mandarin, stonefruit, avocado, watermelons, rockmelons, lychees, pears, nectarines, plums, apricots, grapes, melons, papaya (also called pawpaw), pineapple, passionfruit and berries (strawberries, raspberries, etc.). |
Australian cuisine | Vegetables
In the temperate regions of Australia vegetables are traditionally eaten seasonally, especially in regional areas, although in urban areas there is large-scale importation of fresh produce sourced from around the world by supermarkets and wholesalers for grocery stores, to meet demands for year-round availability. Spring vegetables include artichoke, asparagus, bean shoots, beetroot, broccoli, cabbage, cauliflower, cucumber, leek, lettuce, mushrooms, peas, rhubarb, and spinach; summer vegetables include capsicum, cucumber, eggplant, squash, tomato, and zucchini. |
Australian cuisine | Meat and poultry
Chicken is the most commonly consumed of all meats or poultry by weight, with approximately 47 kilograms of chicken consumed by the average Australian per year. |
Australian cuisine | As of July 2018 Australians ate around 25 kilograms of beef per person with beef having a 35% share of fresh meat sales by value, the highest of any fresh meat in 2018–19.
Lamb is very popular in Australia, with roasting cuts (legs and shoulders), chops, and shanks being the most common cuts. Lamb will often form part of either a Sunday roast or a barbecue. It is also commonly found as an ingredient in gyros and doner kebabs, brought by Greek and Turkish immigrants in the 1960s and 1970s. Australia consumes more lamb and mutton than any other country listed by the OECD-FAO (with Kazakhstan in second place). In 2017, Australians consumed an average of 8.5 kilograms (19 lb) per person. By way of comparison, New Zealanders average 3.2 kilograms (7.1 lb) and Americans just 0.4 kilograms (0.88 lb).
Lunch at an Australian pub is called a counter lunch, while the term counter meal is used for either lunch or dinner. Common dishes served at counter lunches and counter meals are steak and chips, chicken parmigiana and chips, a mixed grill (an assortment of grilled meats), and roast lamb or beef with roast vegetables. |
Australian cuisine | Game
Kangaroo meat is available as game in Australia, although it is not among the most commonly eaten meats. In colonial-era recipes, kangaroo was treated much like ox tail, and braised until tender forming a rich gravy. It is available today in various cuts and sausages. Kangaroo is, however, a common commercial dog food in Australia.
Other less commonly eaten forms of game are emu and crocodile. |
Australian cuisine | Fish and seafood
Seafood consumption is increasing, but it is less common in the Australian diet than poultry and beef.
Australian cuisine features Australian seafood such as southern bluefin tuna, King George whiting, Moreton Bay bugs, mud crab, jewfish, dhufish (Western Australia) and yabby. Australia is one of the largest producers of abalone and rock lobster. |
Australian cuisine | Fish and chips is a take-away food that originated in the United Kingdom and remains popular in Australia. It generally consists of battered deep-fried fish with deep-fried chipped (slab-cut) potatoes. Rather than cod which is more common in the UK, the most popular fish at Australian fish and chips shops, at least in southern Australian states, is flake, a fillet of gummy shark (Mustelus antarcticus).
Flathead is also a popular sport and table fish found in all parts of Australia. Barramundi is a fish found in northern Australian river systems. Bay lobsters, better known in Australia as Moreton Bay bugs, are common in seafood restaurants, or may be served with steak as "surf and turf".
The most common species of the aquaculture industry are salmon, tuna, oysters, and prawns. Other food species include abalone, freshwater finfish (such as barramundi, Murray cod, silver perch), brackish water or marine finfish (such as barramundi, snapper, yellowtail kingfish, mulloway, groupers), mussels, mud crabs and sea cucumbers.
While inland river and lake systems are relatively sparse, they nevertheless provide freshwater game fish and crustacea suitable for dining. Fishing and aquaculture constitute Australia's fifth most valuable agricultural industry after wool, beef, wheat and dairy. Approximately 600 varieties of marine and freshwater seafood species are caught and sold in Australia for both local and overseas consumption. European carp, common in the Murray River as an invasive species, is not considered edible by most Australians despite being common in cuisines across Europe. |
Australian cuisine | Dairy
Ever since the first British settlement of 1788, Australia has had a dairy industry. Today, the Australian dairy industry produces a wide variety of milk, cream, butter, cheese and yoghurt products.
Australians are high consumers of dairy products, consuming on average some 102.4 litres (22.5 imp gal; 27.1 US gal) of milk per person a year, 12.9 kilograms (28 lb) of cheese, 3.8 kilograms (8.4 lb) of butter (a small reduction from previous year, largely for dietary purposes) and 7.1 kilograms (16 lb) of yoghurt products. |
Australian cuisine | Beverages
Tea
For most of Australia's history following the arrival of British settlers, black tea was the most commonly consumed hot beverage; however, in the 1980s, coffee overtook tea in popularity. Since the 19th century, billy tea was a staple drink for those out in the Australian bush, such as those working on the land or travelling overland. Boiling water for tea in a billy over a camp fire and adding a gum leaf for flavouring remains an iconic traditional Australian method for preparing tea. Famously, it was prepared by the ill-fated swagman in the renowned Australian folksong "Waltzing Matilda".
Tea and biscuits or freshly home-baked scones are common for afternoon tea between friends and family. |
Australian cuisine | Coffee
Today's Australia has a distinct coffee culture. The coffee industry has grown from independent cafes since the early 20th century. The flat white became popular in Australia some time after 1985, and its invention is claimed by a Sydneysider (although this claim is disputed by a New Zealand-based barista). The iconic Greek cafés of Sydney and Melbourne were the first to introduce locally roasted coffees in 1910. US military personnel stationed in Australia during the Second World War helped to spread the habit of coffee drinking, initially in the form of instant coffee.
In 1952, the first espresso machines began to appear in Australia and a plethora of fine Italian coffee houses were emerging in Melbourne and Sydney. Pellegrini's Espresso Bar and Legend Café often lay claim to being Melbourne's first 'real' espresso bars, opening their doors in 1954 and 1956 respectively. This decade also saw the establishment of one of Australia's most iconic coffee brands, Vittoria, which remains the country's largest coffee maker and distributor. The brand has existed in Australia since 1958, well before it moved to the US. |
Australian cuisine | To this day, international coffee chains such as Starbucks have very little market share in Australia, with Australia's long established independent cafés existing along with homegrown franchises such as The Coffee Club, Michel's Patisserie, Dôme in WA, and Zarraffas Coffee in Queensland. One reason for this is that unlike with the United States and Asia, Australia for many decades had already had an established culture of independent cafés before coffee chains tried to enter the market. |
Australian cuisine | Other hot beverages
The chocolate and malt powder Milo, which was developed by Thomas Mayne in Sydney in 1934 in response to the Great Depression, is mixed with cold or hot milk to produce a popular beverage. In recent years, Milo has been exported and is also commonly consumed in Southeast Asia even becoming a major ingredient in some desserts produced in the region. |
Australian cuisine | Alcohol
Beer in Australia has been popular since colonial times. James Squire is considered to have founded Australia's first commercial brewery in 1798 and the Cascade Brewery in Hobart, Tasmania, has been operating since the early 19th century. Since the 1970s, Australian beers have become increasingly popular globally – with Foster's Lager being an iconic export brand. However, Fosters is not a large seller on the local market, with alternatives such as Victoria Bitter and Carlton Draught outselling the popular export. Craft beer is popular, as well as distinctive products from smaller breweries such as Coopers and Little Creatures.
The Australian wine industry is the fifth largest exporter of wine around the world, with 760 million litres a year to a large international export market and contributes $5.5 billion per annum to the nation's economy. Australians consume over 530 million litres annually with a per capita consumption of about 30 litres – 50% white table wine, 35% red table wine. Wine is produced in every state, with more than 60 designated wine regions totalling approximately 160,000 hectares. Australia's wine regions are mainly in the southern, cooler parts of the country, in New South Wales, South Australia, Victoria and Western Australia. Amongst the most famous wine districts are the Barossa Valley, Hunter Valley, Margaret River and Yarra Valley, and among the best known wine producers are Lindeman's, Penfolds, Rosemount Estate, Wynns Coonawarra Estate. In Australia's tropical regions, wine is produced from exotic fruits such as mango, passion fruit and lychees.
In modern times, South Australia has also become renowned for its growing number of premium spirits producers, with the South Australian Spirits industry quickly emerging as a world leader with producers being recognised globally such as Seppeltsfield Road Distillers, Never Never Distilling, Adelaide Hills Distilling and many more.
Rum served as a currency during the late 18th and early 19th centuries in Australia when metallic currency was in short supply. |
Australian cuisine | Take-away and convenience foods
The traditional places to buy take-away food in Australia has long been at a local milk bar, fish and chip shop, or bakery, though these have met with stiff competition from fast food chains and convenience stores in recent decades.
Iconic Australian take-away food (i.e. fast food) includes meat pies, sausage rolls, pasties, Chiko Rolls, and dim sims. Meat pies, sausage rolls, and pasties are often found at milk bars, bakeries, and petrol stations, often kept hot in a pie warmer or needing to be microwaved; meat pies are also a staple at AFL football matches. Chiko Rolls, dim sims and other foods needing to be deep-fried are to be found at fish and chip shops, which have the necessary deep fryers in which to cook them.
Bread rolls, with a variety of fillings, are a common alternative to sandwiches, with double-cut rolls (effectively two sandwiches) a South Australian specialty.
The Australian hamburgers and steak sandwiches are also found at fish and chip shops. Australian hamburgers consist of a fried beef patty, served with shredded lettuce and sliced tomato in a (usually toasted) round bread roll or bun. Tomato sauce or barbecue sauce are almost always included. Bacon, cheese and fried onions are also common additions, as is a slice of beetroot and/or a fried egg, with other options including sliced pineapple. Pickles are rarely included, except in burgers from American chains. Steak sandwiches come with the same options, but instead of a beef patty they consist of a thin steak and are served in two slices of toast, not buns.
Pizza has also become a popular take-away food item in Australia.
Commonly found at community and fundraising events are sausage sizzle stalls – a stall with a barbecue hot plate on which sausages are cooked. At a sausage sizzle the sausage is served in a slice of white bread, with or without tomato sauce and with the option of adding fried onions, and eaten as a snack or as a light lunch. A sausage sizzle at a polling station on any Australian state or Federal election day has humorously become known as a Democracy sausage. Similar stalls are held in the car parks of most Bunnings hardware stores on weekends, by volunteers fund-raising for service clubs, charities, societies or sporting groups. The company supplies the infrastructure and enforces standards, including prices.
The halal snack pack ("HSP", also known in South Australia as an AB) originated in Australia as a fusion of Middle Eastern and European flavours, common at kebab shops around Australia. It consists of doner kebab meat served over hot chips and covered in sauces (such as chilli, garlic, or barbecue sauce). |
Australian cuisine | Baked goods and desserts
Damper is a traditional Australian bread prepared by swagmen, drovers and other travellers. It is a wheat-flour-based bread, traditionally baked in the coals of a campfire. Toast is commonly eaten at breakfast. An iconic commercial spread is Vegemite, a salty, B vitamin-rich savoury spread made from brewers yeast eaten on buttered toast, commonly at breakfast, or in sandwiches. A common children's treat dating back to the 1920s is fairy bread, appearing around the same time as the Boston bun.
A classic Australian biscuit is the ANZAC biscuit, which are often homemade and so-called as they were sent by families and friends to Australian soldiers fighting in Europe and the Dardanelles in the First World War. A popular commercial brand of biscuit are Arnott's Tim Tams.
A classic Australian cake is the lamington, made from two squares of butter cake or sponge cake coated in an outer layer of chocolate sauce and rolled in desiccated coconut. Another popular cake and dessert dish is the pavlova, a meringue-based dessert; however, the origins of this are contested as New Zealand also lays claim to its invention.
The mango pancake, a stable of Yum Cha restaurants in Sydney and elsewhere in Australia, is believed to have originated in Sydney in the late 1980s and early 1990s. |
Australian cuisine | Regional foods
As well as national icons there are many regional iconic foods.
South Australia has FruChocs, King George whiting, and a range of foods of German origin including mettwurst, Bienenstich (beesting), streuselkuchen (German cake) and fritz. The state has its own iconic brands such as Farmers Union Iced Coffee, YoYo biscuits and Balfours frog cakes. Jubilee cake is a specialty of South Australia. In Adelaide, a variant on the meat pie is the pie floater, which is a meat pie served in a bowl of pea soup.
Victoria is famous for its home-grown Melbourne invention, the dim sim. Melbourne is also the home of the hot jam donut. Tasmania has leatherwood honey, abalone, and savoury toast. Queensland has Weis Fruit Bar and claims the lamington. |
Australian cuisine | Cities
Brisbane
The cuisine of Brisbane derives from mainstream Australian cuisine, as well as many cuisines of international origin. Major native foods of the Brisbane region and commonly used in local cuisine include the macadamia, lemon-scented myrtle, Australian finger lime, bunya nut, and Moreton Bay bug. The city's cuisine culture is often described as casual with an emphasis on outdoor dining. Roof-top dining has become an iconic part of the culinary landscape, as well as a large street food scene with food trucks and pop-up bars common. Brisbane also lays claim to several foods including "smashed avo"; although popularised in Sydney in the 1990s, smashed avocado was a common dish in Brisbane and Queensland dating back to the 1920s. Brisbane also claims the lamington and the Conut. |
Australian cuisine | See also
List of Australian and New Zealand dishes
Australian wine
Australian whisky
Chinese restaurants in Australia
Culture of Australia
Bush tucker
Cuisine of Brisbane
Australian Aboriginal sweet foods |
Australian cuisine | References
Further reading
External links |
Australian cuisine | Australian food and drink – Native Australians and early settlers
Australian Flavour – Recipes verified as having been cooked in Australian in the late 1800s and 1900s plus others considered iconic |
Exclusive economic zone of Australia | Australia's exclusive economic zone (EEZ) was declared on 1 August 1994 and extends from 12 to 200 nautical miles (22 to 370 km) from the coastline of Australia and its external territories, except where a maritime delimitation agreement exists with another state. To the 12 nautical-mile boundary is Australia's territorial waters. Australia has the third-largest exclusive economic zone, behind France and the United States but ahead of Russia, with the total area of 8,148,250 square kilometres (3,146,060 sq mi), which exceeds its land territory.
The United Nations Commission on the Limits of the Continental Shelf (CLCS) confirmed, in April 2008, Australia's rights over an additional 2.5 million square kilometres (970,000 sq mi) of seabed beyond the limits of Australia's EEZ. Australia also claimed, in its submission to the UN Commission on the Limits of the Continental Shelf, additional Continental Shelf past its EEZ from the Australian Antarctic Territory, but these claims were deferred on Australia's request. However, Australia's EEZ from its Antarctic Territory is approximately 2 million square kilometres (770,000 sq mi). |
Exclusive economic zone of Australia | Maritime boundary
North and east of Australia is an extensive maritime boundary with Indonesia, Papua New Guinea, East Timor, New Caledonia (France), Solomon Islands, and New Zealand.
It starts in the Indian Ocean, then runs through the Timor Sea, Arafura Sea, Torres Strait, Coral Sea and ends in the Pacific Ocean.
There is also a maritime border between Australia and Indonesia in the Indian Ocean between Australia's external territory of Christmas Island and the Indonesian island of Java. |
Exclusive economic zone of Australia | Geography
See also
Australia–Indonesia border
Australian marine parks
Australian Whale Sanctuary
Geography of Australia
Timor Sea Treaty |
Exclusive economic zone of Australia | Notes
References
External links
Continental Shelf Submission of Australia |
Australian Convict Sites | Australian Convict Sites is a World Heritage property consisting of 11 remnant penal sites originally built within the British Empire during the 18th and 19th centuries on fertile Australian coastal strips at Sydney, Tasmania, Norfolk Island, and Fremantle; now representing "...the best surviving examples of large-scale convict transportation and the colonial expansion of European powers through the presence and labour of convicts". |
Australian Convict Sites | Penal sites included
The 11 penal sites constituting the Australian Convict Sites World Heritage listed property are: |
Australian Convict Sites | Kingston and Arthur's Vale Historic Area ("KAVHA"), Norfolk Island.
Old Government House and Domain ("Old Government House"), New South Wales.
Hyde Park Barracks, New South Wales.
Brickendon and Woolmers Estates ("Brickendon-Woolmers"), Tasmania.
Darlington Probation Station ("Darlington"), Tasmania.
Old Great North Road, New South Wales.
Cascades Female Factory ("Cascades"), Tasmania.
Port Arthur Historic Site ("Port Arthur"), Tasmania.
Coal Mines Historic Site ("Coal Mines"), Tasmania.
Cockatoo Island Convict Site ("Cockatoo Island"), New South Wales.
Fremantle Prison, Western Australia.
These properties were all individually included on the Australian National Heritage List before inclusion on the World Heritage list. |
Australian Convict Sites | History of World Heritage listing |
Australian Convict Sites | Out of over 3,000 convict sites remaining in Australia, the 11 constituting the Australian Convict Sites were selected as the pre-eminent examples of the world's convict era satisfying World Heritage selection criteria IV & VI, as follows: |
Australian Convict Sites | Preparations began in 1995, and a World Heritage nomination was first made in January 2008. That attempt failed, and the nomination was subsequently reworked. |
Australian Convict Sites |
== References == |
Elections in Australia | Elections in Australia take place periodically to elect the legislature of the Commonwealth of Australia, as well as for each Australian state and territory and for local government councils. Elections in all jurisdictions follow similar principles, although there are minor variations between them. The elections for the Australian Parliament are held under the federal electoral system, which is uniform throughout the country, and the elections for state and territory Parliaments are held under the electoral system of each state and territory.
Part IV of Chapter 1 of the Australian Constitution briefly deals with eligibility for voting and election to the federal Australian Parliament. It does not prescribe how elections should be conducted. Election campaigns and associated political advertisements are subject to some regulation. Public funding of political parties and party registration was introduced in 1983.
Voting for the federal and each state and territory parliament is compulsory for Australian citizens over the age of 18. Voting is almost entirely conducted using paper ballots. The informal vote is not usually significant, but a donkey vote is more common, and may have a deciding impact in marginal seats. |
Elections in Australia | Parliaments
Voting for the federal and each state and territory parliament is compulsory for Australian citizens over the age of 18. |
Elections in Australia | Federal Parliament
The Australian Parliament consists of two chambers, the House of Representatives (commonly also referred as the lower house) and the Senate (also referred as the upper house). The House of Representatives has 151 members, elected for a maximum term of three years in single-member constituencies (each approximately equal in voters). Elections are conducted by a system of preferential voting (also called alternative voting or instant-runoff voting).
The Senate has 76 senators, elected through a preferential system of proportional representation with a system of single transferable vote, with each state constituting a single constituency normally returning 6 senators every three years and each territory constituting a single constituency returning two senators. Electors in the two territories elect senators for non-fixed terms that are defined by the term of the House of Representatives. State senators normally serve fixed six-year terms, with half of the seats in each State expiring every three years. In the event of a double dissolution, the terms of all the members of the Senate and the House of Representatives seats end immediately. |
Elections in Australia | State Parliaments and Territory Legislative Assemblies
South Australia
The Parliament of South Australia is a bicameral legislature. The House of Assembly (lower house) comprises 47 members elected by preferential voting every 4 years from single member electorates. The Legislative Council (upper house) comprises 22 members elected by proportional representation of single transferable vote every 8 years. |
Elections in Australia | Queensland
The Parliament of Queensland is unicameral, consisting of the Legislative Assembly of 93 members elected for a 4 year term from single member electorates using fully preferential voting. |
Elections in Australia | Western Australia
The Parliament of Western Australia consists of the Legislative Assembly and the Legislative Council. The Legislative Assembly has 57 members elected for a four-year term, unless dissolved earlier, from single member electorates using fully preferential voting. The Legislative Council has 37 members elected for a fixed term of 4 years, in a 'whole of state' electorate using preferential proportional representation. |
Elections in Australia | Electoral Commissions
Elections in Australia (Commonwealth, State or Territory) are organised by their respective electoral commissions, as follows: |
Elections in Australia | The Australian Electoral Commission (AEC) is the federal government agency responsible for organising, conducting and supervising federal elections, by-elections and referendums. The AEC is also responsible for setting electoral boundaries and redistributions, and maintains the Commonwealth electoral roll. State and Territory Electoral Commissions perform an equivalent role for State and Territory elections. The Australian electoral roll is also used by the state and territory Electoral Commissions to conduct State, Territory and local government elections, except Western Australia which maintains its own electoral roll. |
Elections in Australia | Voter enrollment
Enrolment on the electoral roll, known in some other countries as registration, is compulsory for all Australian citizens aged 18 years and over. Residents in Australia who had been enrolled as British subjects on 25 January 1984 continue to be enrolled and vote. (Almost 163,000 voters were recorded as British subjects on the electoral roll in 2009.)
As of 2024, the deadline to enroll or update enrolment information such as address is 7 days after the writ of election is issued. |
Elections in Australia | Election day
Each jurisdiction has its own laws and customs as to when elections in the jurisdiction will take place. However, state and territory elections cannot, by federal law, take place within a week before or after a federal election.
Since 1912, federal elections have been held on Saturdays.
Although elections for the House of Representatives have usually corresponded to half-elections of the Senate, the rules which determine when the elections occur differ. Under the Constitution, the House of Representatives lasts no more than three years after it first meets, but may be dissolved earlier. After the House is dissolved or expires, writs for election must be issued within 10 days and the election must be held on a Saturday between 33 and 58 days after the writs have been issued. The next House must meet within 140 days of the writs being issued.
The terms of senators representing the states are of fixed duration (unless Parliament is dissolved in a double dissolution), and elections must occur within a year before the term expires. The terms of senators representing the territories are not fixed, and are tied to the dates of elections for the House of Representatives. Where a House is dissolved early, House and Senate elections may be asynchronous until either the House is again dissolved sufficiently early or a double dissolution occurs.
The Australian Constitution requires that in half-Senate elections the election of State senators must take place within one year before the places become vacant. As the terms of half the senators end on 30 June, the writs for a half-Senate election cannot be issued earlier than the previous 1 July. There is no constitutional requirement for simultaneous elections for the Senate and the House of Representatives, and elections for half the Senate only have taken place in the past. There is a government and electorate preference for Senate elections to take place simultaneously with those of the House of Representatives. Except in the case of a double dissolution, the Senate is not dissolved when elections for the Senate are called and can continue to sit until the term expires. However, it is now a practice for the Senate to be prorogued when the House is dissolved, so that it does not sit during the election period.
By Westminster convention, the decision as to the type of election and date on which an election is to take place is that of the Prime Minister, who 'advises' the Governor-General to set the process in motion by dissolving the House of Representatives (if it has not expired) and then issuing writs for election.
Writs for the election of House of Representatives and territory senators are issued by the Governor-General, while writs for the election of state senators are issued by the respective state governors. |
Elections in Australia | Voting
Voting in federal, state and territory elections is compulsory for all persons on the electoral roll. Voting can take place by a person attending in person at any polling place in their State on the election day or in early voting locations, or by applying for and mailing in a postal vote. Absentee voting is also available, but not proxy voting.
At the 2007 federal election there were 7,723 polling places open for voting. In remote areas, mobile polling places have been used since the 1980s. The visually impaired can use electronic voting machines.
Voting is almost entirely conducted by paper ballot. If more than one election takes place at the same time (for example, for the House of Representatives and the Senate), separate ballot papers are used. These are usually of different colours and are deposited into separate boxes.
How-to-vote cards are usually handed out at polling places by party volunteers. They suggest how a party supporter might vote for other candidates or parties. Electors now routinely receive how-to-vote materials through the mail or by other means.
In practice, privacy arrangements allow informal and protest votes to take place. At the 2010 federal election more than 1.5 million people did not vote or voted incorrectly. Academic Brian Costar from Swinburne University claims the rate of donkey votes in Australia is around 2% of all votes, but the figure is hard to determine accurately.
Most polling places are schools, community halls or churches. Supporters of these places very commonly take advantage of the large number of visitors undertaking fund raising activity, often including raffles, cake stalls and sales of democracy sausages. |
Elections in Australia | Parties
Political parties have certain benefits in Australia's electoral system, including public funding. Political parties must register with the electoral commission in the jurisdiction in which it is proposing to field or endorse candidates. To be eligible for federal registration a party must have at least one member in the Australian Parliament or 1,500 members, and independent candidates are required to provide 50 signatures to be eligible to stand. An unsuccessful challenge to the 500 member requirement was heard by the High Court of Australia in 2004. Other Australian jurisdictions require political parties to have a minimum number of members. For example, New South Wales requires at least 750 members while the ACT and the Northern Territory require 100 members. There are deadlines for registration of a political party.
Australia has a de facto two-party system, with the Australian Labor Party and the Coalition of the Liberal Party of Australia, National Party of Australia, the Liberal National Party and Country Liberal Party dominating Parliamentary elections. It is very difficult for other parties to win representation in the House, let alone form the government, though they may have a strong influence if they hold the "balance of power". However, minor parties and independent candidates have been elected to the Senate by virtue of its more favourable voting system. In recent decades, several parties besides the ALP and the Coalition have secured significant representation in the Senate, notably the DLP (1955–1974); the Australian Democrats (1977–2007); and the Australian Greens and its predecessors (1990–present). Independent and other individual senators have also exercised influence, e.g., Brian Harradine (1975–2005), Family First's Steve Fielding (2005–2011), and Nick Xenophon (2008–2017); and, variously from 1984, representatives of the Nuclear Disarmament Party and One Nation.
Many voters use elections to reaffirm their party allegiance. Party affiliation has declined in recent decades. Voters who voted for the same party each election made up 72% of the electorate in 1967. This figure had declined to 45% by 2007. Minor parties have played a greater role in the politics of Australia since proportional representation was progressively introduced.
Elections in Australia are seen by parties as a chance to develop and refine policies. Rather than a procedure where the best policies win the day, elections are contests where parties fight for power. Elections are not part of the process in which specific decisions on policy are made. Control of policy and platforms are wholly determined within the party.
Candidate selection, in Australia typically called preselection, is a significant factor in the democratic process in Australia because the majority of voters base their decision at election time on the party rather than the candidate. In Australia the decision of who may be a candidate is decided by the party in any manner they choose. It can range from a postal vote to the whole party membership through to a decision made by a small select committee. |
Elections in Australia | Election campaigns
Election campaigns typically involve a televised policy launch, which, despite the name, have increasingly been held towards the end of the campaign. In the 2013 federal election campaign, for example, the Liberal/National and Labor launches were held only 13 days and 6 days respectively prior to election day. From the 1980s onwards direct mailing was seen as a successful way to market, particularly in marginal seats. Major political parties in Australia use databases created from census data, voting records and their own canvassing to shape their direct mail. Quantitative surveys of samples from the wide population as well as focus groups are used by the parties for market research during election campaigns.
The Commonwealth Electoral Act 1918 stipulates that political advertisements display the name and address of the individual authorising them. The Broadcasting Services Act 1922 bans the broadcast of advertisements in the three days prior to an election. A ban on broadcast election advertising was imposed under the Political Broadcasts and Political Disclosures Act 1991 but was overturned by the High Court of Australia in 1992. Party registration rules have become stricter, especially in New South Wales.
Television is the preferred medium for campaign news in Australia. At the 2004 federal election more than three-quarters of money spent on advertising was television based.
Incumbent candidates and government have significant benefits compared to non-incumbents. These include substantial allowances and access to staff whose travel is covered by parliamentary allowances.
The Australian Election Study coordinated by the Australian National University was introduced in 1987. The series of surveys are conducted post election and provide a unique take on political behaviour during election campaigns. |
Elections in Australia | Public funding
Australia's first partial public election funding was introduced in 1981 by the then Premier of New South Wales Neville Wran. The Commonwealth Electoral Legislation Amendment Act 1983 brought forward by the Hawke government introduced public election funding and the requirement that all minor donations to parties be disclosed. Amendments to legislation were needed due to the changing nature of election campaigns in the late 1960s and 1970s. Opinion polling, widespread advertising and the rise of the hired campaign professionals meant campaigning had become far more expensive than in previous decades.
Public funding is the preferred means to cover costs rather than corporate donations. However, the majority of the major parties funding is still sourced from private donors. If a candidate or party receives at least 4% of the primary vote at a federal election they are eligible for public funding. The amount of funding paid is calculated by multiplying the number of first preference votes received by the rate of payment at that time, which is indexed in line with the Consumer Price Index. It is possible for a candidate to receive more public funding than what was spent on campaigning as was the case in Pauline Hanson's 2004 attempt to win a seat in the Australian Senate.
In Queensland, the threshold for public funding is 6% of the primary vote. The threshold in Victoria, Western Australia and the Australian Capital Territory is 4%. South Australia, Tasmania and the Northern Territory do not have public funding for parties and candidates at elections. |
Elections in Australia | Caretaker convention
A series of conventions has evolved covering the conduct of the business of government by ministers, their departments of state, and the Public Service during the "caretaker period" of the election. This period begins after the announcement of the election date, when the Governor-General of Australia dissolves the federal parliament on advice from the Prime Minister. It ends after the election result is known and clear, when a newly elected government is sworn into office. |
Elections in Australia | Federal lower house primary, two-party and seat results
A two-party system has existed in the Australian House of Representatives since the two non-Labor parties merged in 1909. The 1910 election was the first to elect a majority government, with the Australian Labor Party concurrently winning the first Senate majority. Prior to 1909 a three-party system existed in the chamber. A two-party-preferred vote (2PP) has been calculated since the 1919 change from first-past-the-post to preferential voting and subsequent introduction of the Coalition. ALP = Australian Labor Party, L+NP = grouping of Liberal/National/LNP/CLP Coalition parties (and predecessors), Oth = other parties and independents. |
Elections in Australia | See also
List of Australian federal elections
List of Australian federal by-elections
Proportional Representation Society of Australia |
Elections in Australia | References
External links |
Elections in Australia | Australian Electoral Study
Adam Carr's Election Archive
Archived websites from Australian electoral campaigns since 1996
Guidance on Caretaker Conventions – Department of the Prime Minister and Cabinet (Australia)
Australian Politics and Elections Database (University of Western Australia)
Full text (HTML) file of the Constitution. From the Parliament of Australia web site. |
Advance Australia Fair | "Advance Australia Fair" is the national anthem of Australia. Written by Scottish-born Australian composer Peter Dodds McCormick, the song was first performed as a patriotic song in Australia in 1878. It replaced "God Save the Queen" as the official national anthem in 1974, following a nationwide opinion survey, only for "God Save the Queen" to be reinstated in January 1976. However, a plebiscite to choose the national song in 1977 preferred "Advance Australia Fair", which was in turn reinstated as the national anthem in 1984. "God Save the Queen" became the royal anthem (later "God Save the King" on the accession of King Charles III), and is used at public engagements attended by the King or members of the monarchy of Australia. The lyrics of the 1984 version of "Advance Australia Fair" were modified from McCormick's original and its verses were trimmed down from four to two. In January 2021, the official lyrics were changed once again, in recognition of the long habitation of Indigenous Australians. |