Editing Australian Capital Territory (section)

==Government and politics==
[[File:Canberra.jpg|thumb|[[Canberra]], in the northeast of the ACT, is an entirely planned city.]]
[[File:Australian Capital Territory Legislative Assembly and the statue Ethos.jpg|alt=|thumb|The public entrance to the ACT Legislative Assembly in Civic Square]]

=== Territory government ===
{{See also|Australian Capital Territory Legislative Assembly|Electoral systems of the Australian states and territories|Government of the Australian Capital Territory}}

Unlike the states of Australia which have their own constitutions, territories are governed under a Commonwealth statute<ref name=":10">[[Constitution of Australia]] s 122.</ref>{{mdash}}for the ACT, the ''[[Australian Capital Territory (Self-Government) Act 1988]]''.<ref>{{cite web |url=https://www.legislation.gov.au/Details/C2016C00802 |title=Australian Capital Territory (Self-Government) Act 1988 (Cth) |website=[[Federal Register of Legislation]] |date=July 2016 |access-date=14 June 2019}}</ref> The ''Self-Government Act'' constitutes a democratic government for the territory consisting of a popularly elected [[Australian Capital Territory Legislative Assembly|Legislative Assembly]] which elects a [[Chief Minister of the Australian Capital Territory|Chief Minister]] from among its membership who, in turn, appoints an Executive consisting of a number of Ministers.

The executive power of the territory rests with the [[Government of the Australian Capital Territory|ACT government]], headed by the Chief Minister (currently the [[Australian Labor Party (Australian Capital Territory Branch)|Labor Party]]'s [[Andrew Barr]]) and consists of ministers appointed by them. The ministers are supported by the ACT Public Service, which is arranged into directorates, and a number of public authorities.<ref>{{Cite web |title=Home |url=https://www.directory.act.gov.au/ |access-date=2023-01-26 |website=Functions and Services Directory |publisher=ACT Government}}</ref> The Chief Minister is the equivalent of a [[Premiers and chief ministers of the Australian states and territories|State Premier]] and sits on the National Cabinet.<ref>{{citation |title=National Cabinet Members |url=https://federation.gov.au/national-cabinet/members |publisher=Commonwealth of Australia}}</ref> Unlike the states, there is no [[Governors of the Australian states|vice-regal representative]] who chairs the executive government council. The Chief Minister performs many of the roles that a state governor normally holds in the context of a state; however, the Speaker of the Legislative Assembly gazettes the laws and summons meetings of the Assembly.

The [[Australian Labor Party (Australian Capital Territory Branch)|ACT Labor party]] has been in power since 2001.

The legislative power of the territory is vested in the unicameral [[Australian Capital Territory Legislative Assembly|Legislative Assembly]].  The assembly has 25 [[Template:ACTCurrentMLAs|members]], elected from [[Electorates of the Australian Capital Territory|five electorates]] using the [[Hare–Clark electoral system|Hare-Clark]] single transferable voting system.<ref>{{citation |title=Factsheet – Hare-Clark electoral system |date=5 July 2012 |url=http://www.elections.act.gov.au/publications/act_electoral_commission_fact_sheets/elections_act_factsheet_hare-clark_electoral_system |archive-url=https://web.archive.org/web/20130606055358/http://www.elections.act.gov.au/publications/act_electoral_commission_fact_sheets/elections_act_factsheet_hare-clark_electoral_system |publisher=ACT Electoral Commission |archive-date=6 June 2013}}</ref> The assembly is presided over by the Speaker (currently the Labor Party's [[Joy Burch]]). The assembly has almost all of the same powers as the state parliaments, the power to "make laws for the peace, order, and good government of the Territory", with limited exceptions relating to the territory's unique relationship with the commonwealth.<ref>''[[Australian Capital Territory (Self-Government) Act 1988]]'' (Cth) ss 22 and 23.</ref> The Hare-Clark voting system was adopted after [[1992 Australian Capital Territory electoral system referendum|a referendum in 1992]] and was entrenched by another referendum in 1995.<ref>{{Cite web |last= |first= |date=2016 |title=Fact sheet – Referendums |url=https://www.elections.act.gov.au/education/act_electoral_commission_fact_sheets/fact_sheets_-_general_html/elections_act_factsheet_referendums |access-date=2023-01-26 |website=[[Elections ACT|ACT Electoral Commission]] |language=en |archive-date=26 January 2023 |archive-url=https://web.archive.org/web/20230126145106/https://www.elections.act.gov.au/education/act_electoral_commission_fact_sheets/fact_sheets_-_general_html/elections_act_factsheet_referendums |url-status=dead }}</ref> The electoral system cannot be changed except by a two-thirds majority in the Assembly or a majority vote of support at a public referendum.<ref>[https://www.legislation.act.gov.au/View/a/1995-1/current/html/1995-1.html ''Proportional Representation (Hare-Clark) Entrenchment Act 1994'' (ACT)] s 5</ref>

There is no level of [[Local government in Australia|local government]] below the territory government as in the states and the functions associated with local government are carried out principally by the [[Transport Canberra & City Services|Transport Canberra and City Services Directorate]].<ref>{{citation |title=Three Levels of Law-Making |url=http://www.peo.gov.au/students/fact_sheets/three_levels_law-making.html |archive-url=https://web.archive.org/web/20130516042422/http://www.peo.gov.au/students/fact_sheets/three_levels_law-making.html |publisher=Parliamentary Education Office |archive-date=16 May 2013}}</ref> There is an indigenous voice to the ACT government, called the [[Indigenous Voice to Parliament#ACT Aboriginal and Torres Strait Islander Elected Body|Aboriginal and Torres Strait Islander Elected Body]].<ref>{{Cite web |title=About Us |url=https://atsieb.com.au/about-us/ |access-date=2023-01-27 |website=Aboriginal & Torres Strait Islander Elected Body |language=en-AU}}</ref>

Despite the wide powers of the territory government, the federal government continues to have power over the territory. This includes an unused power to dissolve the assembly and appoint a caretaker government in extraordinary circumstances.<ref>''[[Australian Capital Territory (Self-Government) Act 1988]]'' (Cth) s 16</ref> The federal and territory governments share some officers, such as the [[Commonwealth Ombudsman|Ombudsman]].<ref>{{Cite web |last= |first= |date=2020-07-10 |title=Who we are |url=https://www.ombudsman.act.gov.au/about-us/who-we-are |access-date=2023-01-27 |website=ACT Ombudsman |language=en |archive-date=27 January 2023 |archive-url=https://web.archive.org/web/20230127023608/https://www.ombudsman.act.gov.au/about-us/who-we-are |url-status=dead }}</ref> The federal parliament also retains the power to make any law for the territory under [[Section 122 of the Constitution of Australia|section 122 of the Constitution]] and an exclusive power to legislate for the "seat of government".<ref name=":10" /><ref>''[[Constitution of Australia]]'' s 52(i).</ref> Territory laws which conflict with federal law are inoperable to the extent of the inconsistency.<ref>''[[Australian Capital Territory (Self-Government) Act 1988]]'' (Cth) s 28</ref><ref>''[[Marriage Equality (Same Sex) Act 2013#In the High Court: Commonwealth v ACT (2013)|Commonwealth v Australian Capital Territory]]'' (2013) 250 CLR 441; [http://www.austlii.edu.au/au/cases/cth/HCA/2013/55.html <nowiki>[2013] HCA 55</nowiki>] (High Court of Australia)</ref> Land in the territory that is designated to be "National Land" under federal law remains under the control of the federal government, usually represented by the [[National Capital Authority]].<ref>''[https://www.legislation.gov.au/Latest/C2018C00316 Australian Capital Territory (Planning and Land Management) Act 1988]'' (Cth) s 27</ref> The federal parliament can disallow laws enacted by the Assembly by a joint resolution of both houses of Parliament, a power which replaced a federal executive veto in 2011.<ref>[https://www.legislation.gov.au/Details/C2011A00166 ''Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act 2011'' (Cth)]</ref><ref name="vetopower">{{cite web |title=Disallowance powers removed from ACT self-government legislation |url=http://www.parliament.act.gov.au/index.asp?ID=7487 |url-status=dead |archive-url=https://web.archive.org/web/20120523073454/http://www.parliament.act.gov.au/index.asp?ID=7487 |archive-date=23 May 2012 |access-date=5 November 2012 |work=News, Events and Conferences |publisher=ACT Legislative Assembly}}</ref>

=== Judiciary and policing ===
{{See also|Crime in the Australian Capital Territory}}
[[File:New Law Courts of the Australian Capital Territory.jpg|thumb|The Law Courts in Civic houses the Supreme Court and the Magistrates' Court]]
The judicial power of the territory is exercised by the territory courts. These are the [[Supreme Court of the Australian Capital Territory]] the [[Magistrates Court of the Australian Capital Territory]] (with summary jurisdiction) and the [[ACT Civil and Administrative Tribunal]]. From 2001, appeals from the Supreme Court are heard by a panel of Supreme Court judges sitting as the Court of Appeal.<ref>{{Cite web |last= |first= |date=2019-12-13 |title=Court of Appeal |url=https://courts.act.gov.au/supreme/about-the-courts/court-of-appeal |access-date=2023-01-26 |website=ACT Supreme Court |language=en}}</ref> The current Chief Justice is [[Lucy McCallum]] and the current Chief Magistrate is [[Lorraine Walker]].

The [[Federal Court of Australia|Federal Court]] has concurrent jurisdiction over civil matters arising under territory law, a fact which has become increasingly important to the practice of [[Defamation|defamation law]] across Australia.<ref>[https://www.legislation.act.gov.au/View/a/1993-60/current/html/1993-60.html ''Jurisdiction of Courts (Cross-vesting) Act 1993'' (ACT)] s 4</ref><ref>''Crosby v Kelly'' 203 FCR 451; [http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC/2012/96.html <nowiki>[2012] FCAFC 96</nowiki>] (Full Court of the Federal Court of Australia).</ref><ref>{{Cite web |last=Schrapel |first=Sanjay |date=2020-09-02 |title=A 'non-colourable assertion' – litigating "pure" defamation claims in the Federal Court |url=https://commbarmatters.com.au/2020/09/02/a-non-colourable-assertion-litigating-pure-defamation-claims-in-the-federal-court/ |access-date=2023-01-26 |website=CommBar Matters |publisher=Commercial Bar Association of Victoria |language=en-AU |archive-date=26 January 2023 |archive-url=https://web.archive.org/web/20230126145110/https://commbarmatters.com.au/2020/09/02/a-non-colourable-assertion-litigating-pure-defamation-claims-in-the-federal-court/ |url-status=dead }}</ref>

Policing services are provided by the [[ACT Policing]] unit of the [[Australian Federal Police]] under agreements between the territory government, the federal government, and the police force.<ref>[https://www.legislation.gov.au/Latest/C2021C00480 ''Australian Federal Police Act 1979'' (Cth)] s 8(1A)</ref><ref>{{Cite book |last1=ACT Government |url=https://www.justice.act.gov.au/__data/assets/pdf_file/0008/2072168/Arrangement_FINAL_Signed_reduced.pdf |title=An ongoing arrangement between the Minister for Justice of the Commonwealth and the ACT Minister for Police and Emergency Services for the provision of policing services to the ACT |last2=Australian Government |year=2017 |archive-url=https://web.archive.org/web/20221017231154/https://www.justice.act.gov.au/__data/assets/pdf_file/0008/2072168/Arrangement_FINAL_Signed_reduced.pdf |archive-date=2022-10-17 |url-status=live}}</ref><ref>{{Cite book |last1=ACT Government |url=https://www.justice.act.gov.au/__data/assets/pdf_file/0012/2112600/2022-2026-Purchase-Agreement-Signed.PDF |title=Agreement between the ACT Government and the Australian Federal Police for the provision of policing services to the Australian Capital Territory, 2022–2026 |last2=Australian Federal Police |publisher=ACT Government |year=2022 |archive-url=https://web.archive.org/web/20230121130919/https://www.justice.act.gov.au/__data/assets/pdf_file/0012/2112600/2022-2026-Purchase-Agreement-Signed.PDF |archive-date=2023-01-21}}</ref> [[Canberra]] had the lowest rate of crime of any capital city in Australia {{as of|lc=yes|February 2019}}.<ref>{{cite web |url=https://police.act.gov.au/crime |title=Crime |website=Australian Federal Police. ACT Policing |date=7 March 2016 |access-date=23 February 2019 |archive-date=28 February 2019 |archive-url=https://web.archive.org/web/20190228133000/https://police.act.gov.au/crime |url-status=dead }}</ref> 
[[File:AFP-ACT VW.jpg|alt=|thumb|AFP vehicle in Canberra]]

=== Federal representation ===
In the Australian [[Parliament of Australia|federal parliament]], the territory is represented by three members of the [[Australian House of Representatives|House of Representatives]], for the [[Division of Bean]], the [[Division of Canberra]] and the [[Division of Fenner]] and two [[Australian Senate|Senators]]. The member for Bean also represents voters of [[Norfolk Island]] while the member for Fenner also represent voters of the [[Jervis Bay Territory]].  Senators representing the ACT also represent voters of Norfolk Island and the Jervis Bay Territory.

=== Jervis Bay Territory ===
{{main|Jervis Bay Territory}}
{{Relevance?|date=December 2024}}
Jervis Bay Territory, created in 1915, is a separate territory but, by the ''[[Jervis Bay Territory Acceptance Act 1915]]'' it is subject to ACT law.<ref name="Spagnolo2015">{{cite book |url=https://books.google.com/books?id=wlKXCgAAQBAJ&pg=PA65 |title=The Continuity of Legal Systems in Theory and Practice |author=Benjamin Spagnolo |date=22 October 2015 |publisher=Bloomsbury Publishing |isbn=978-1-84946-884-8 |page=65}}</ref><ref name=":1" /> ACT magistrates conduct court in Jervis Bay Territory.<ref>{{Cite web |url=https://www.courts.act.gov.au/magistrates/courts/jervis_bay_court |title=Jervis Bay Court |date=9 October 2016 |website=www.courts.act.gov.au |language=en |access-date=2019-04-08 |archive-url=https://web.archive.org/web/20190321014818/https://courts.act.gov.au/magistrates/courts/jervis_bay_court |archive-date=21 March 2019 |url-status=dead}}</ref>