How do the courts and the law work in Australia?
Last updated 23 October 2026
How do the courts and the law work in Australia?
Parliaments write the laws, the police see that they are followed, and independent courts rule on whether someone broke them. Everyone must keep the law, and the law treats everyone alike. In the booklet, this sits in Part 3.
Who makes the laws?
The Australian Parliament passes laws for the whole nation. Each state and territory has a parliament too, and it passes laws for its own area. If you want the steps of making a law, read how Parliament works.
What do the police do?
The police keep the peace and look after people and their belongings. The government does not control them. If they think someone has broken the law, they can arrest that person and take them to court. They may give evidence there, but the court makes the decision on guilt.
Each state, and the Northern Territory, runs its own police force for crimes against state and territory laws. The Australian Federal Police (AFP) handles crimes against federal laws, such as drug trafficking and threats to national security. In the Australian Capital Territory it is also the local police.
You can report crimes and ask your local police for help. Offering a bribe to a police officer is a crime, even if no money changes hands.
How do the courts work?
Courts are independent. A court works out whether a person broke the law and sets the penalty. It may only use the evidence that is put in front of it.
A judge or magistrate has the final say in the court, and nobody can order them what to decide. The government picks them, but it cannot sack them because it disagrees with a ruling. This is what "independent" means in practice.
Some cases use a jury. A jury is a group of ordinary citizens picked at random. The jury decides whether the person is innocent or guilty. The judge tells the jury what the law says. In a criminal case, a guilty verdict means the judge then chooses the penalty.
Two more points to keep:
- A person is treated as innocent until a court finds them guilty.
- Every person has the right to a lawyer in court.
Which court is at the top?
The Constitution set up the High Court of Australia. It has the last word on what Australia's laws mean and how they apply. It sits in Canberra.
What laws should a new citizen know?
The booklet says it is important to know Australian laws, because not knowing a law is no excuse. It lists serious crimes, including murder, assault, fraud and dangerous driving. It also says violence is illegal, including violence at home and in marriage, known as domestic or family violence. If you or someone you know is in danger, contact the police.
On the road, the driver needs a licence from where they live, and the car needs to be registered. Everyone in a car must wear a seatbelt, and babies and young children need an approved car seat. It is illegal to drive after taking drugs or above the blood alcohol limit, and to use a hand-held phone while driving.
How to remember it
Think of three jobs and three groups: make (parliaments), enforce (police), decide (courts). Add one idea to each: elected people make, police are independent, judges are independent.
The three powers also appear in the Constitution. Read the separation of powers next. The full text is in Part 3, government and the law, and the free practice test shows how the questions look.
Check yourself
- Who makes laws, who enforces them and who decides if they were broken?
- What does it mean that courts and judges are independent?
- What is a jury, and who chooses the penalty after a guilty verdict?
Questions people ask
- Can the government remove a judge it disagrees with?
- No. The government picks judges, but it has no power to remove one just because it dislikes a ruling.
- Is not knowing a law an excuse?
- No. If you break a law you did not know about, you can still be charged.
- Who sits on a jury?
- Ordinary citizens picked by chance from the public. The judge tells them what the law says.