States and territories of Australia

Australia is a federation composed of six states and ten federal territories, forming the second level of government after the federal system. Each state operates as a self-governing polity with its own constitution, legislature, executive, judiciary, and law enforcement. While territories may function similarly to states, they are legally subordinate to the federal government.

States of Australia

Australia’s six states are:

1. New South Wales (NSW)
   • Includes: Lord Howe Island
   • Capital: Sydney
2. Queensland (QLD)
   • Capital: Brisbane
3. South Australia (SA)
   • Capital: Adelaide
4. Tasmania (TAS)
   • Includes: Macquarie Island
   • Capital: Hobart
5. Victoria (VIC)
   • Capital: Melbourne
6. Western Australia (WA)
   • Capital: Perth

Each state was formed as a successor to a British colony, and all have their own constitutions that outline their governance.

Territories of Australia

Australia’s ten territories are divided into internal territories (on the mainland) and external territories (offshore dependencies).

Internal Territories:

1. Australian Capital Territory (ACT)
   • Capital: Canberra (Australia’s federal capital)
   • Governs most functions like a state.
2. Jervis Bay Territory (JBT)
   • A small territory on the Australian mainland.
   • Governed directly by federal law.
3. Northern Territory (NT)
   • Capital: Darwin
   • Functions similarly to a state, despite lacking constitutional status.

External Territories:

1. Ashmore and Cartier Islands
2. Australian Antarctic Territory
3. Christmas Island
4. Cocos (Keeling) Islands
5. Coral Sea Islands
6. Heard Island and McDonald Islands
7. Norfolk Island

• External territories generally lack self-governance and are overseen by federal departments.
• Heard Island and McDonald Islands and the Australian Antarctic Territory are managed by the Department of Climate Change, Energy, the Environment and Water.
• Norfolk Island previously had a legislature (1979–2015) but is now under federal oversight.

Governance and Legislative Powers

• Self-Governance: All states and internal territories (except JBT) have independent governments, legislatures, and judicial systems.
• Federal Oversight: The Federal Parliament can override territorial legislation and, in some cases, state laws if they conflict with the federal constitution (Section 109).
• High Court of Australia: Serves as the final court of appeal for both state and federal matters.

Special Characteristics

1. States’ Sovereignty: While states retain significant autonomy, they ceded some powers to the federal government upon federation.
2. Territories’ Subordination: Unlike states, territories are legally subordinate and depend on federal laws for their governance framework.

Historical Context

• Formation of States: Each state evolved from a British colony and adopted a constitution upon federation.
• Representation in Federal Government: Both ACT and NT have had representation in the Federal Parliament since 1948 and in the Senate since 1975, though they do not have full constitutional status like the states.

Australia’s federal system ensures a balance between state autonomy and federal oversight, with territories functioning as integral but subordinate entities.