On 3 May 2025, the dust settled from the federal election and the incumbent Prime Minister, Anthony Albanese, was successfully re-elected, with the Australian Labor Party, led by him, continuing to run the federal government.
In this election campaign, the Labor Party has put forward a series of policy ideas for both continuity and reform around key issues such as the cost of living, housing, education, healthcare and climate. These included modest tax cuts, expanding subsidies for energy bills, introducing tax credits that do not require receipts, increasing investment in public housing, easing pressure on student loans, and increasing investment in Medicare and mental health services. These pragmatically oriented promises were clearly recognized by a majority of voters.
From seasoned locals to newcomers voting for the first time, everyone is participating in a major decision for the well-being of the entire nation with their ballots. But do you understand how the votes are counted after the polls close? How do political parties form a cabinet? And how the Prime Minister is elected?
These are not cold knowledge, but basic legal knowledge and civic responsibility that every Australian citizen needs to know. Especially for the Chinese community, voting is not only a vote, but also a way to make your voice heard in this country. If you are concerned about your rights and influence in this country, why don’t you join us in combing through Australia’s electoral system and operational logic.
- Preferential voting and quota system used in Australian federal elections
- All citizens over the age of 18 are required to vote and those who fail to do so face fines
- The Prime Minister is not a directly elected position by the electorate, but is indirectly elected through elections
Australia’s federal election, held every three years, is an important political event that determines the selection of all members of the Federal House of Representatives and some senators. Citizens who are 18 years of age or older and registered as voters are required by law to vote in federal elections. This obligation not only reflects the basic democratic rights of citizens, but is also legally enforceable. Voters who do not vote without a valid reason may face a fine of AUD $20, which can accumulate over time. In addition, repeat voting is a criminal offense, which can lead to more serious penalties.
In the voting process, voters are given two ballots, one for the House of Representatives and one for the Senate. For the House of Representatives, “preferential voting” is used, where voters are asked to rank the candidates in order of preference. If the preferred candidate does not receive more than half of the votes, the votes are transferred to the next candidate in the order of preference until one candidate receives more than 50 percent support. The Senate, which uses a quota system that requires candidates to meet a specific quota of votes in order to be elected, has a more complex counting process and will require more time to tally the results.
Ultimately, the Prime Minister is not directly elected. Each federal election produces a new House of Representatives of the Federal Parliament, and the party that wins more than half (at least 76) of the total 150 seats in the House of Representatives wins the right to form a cabinet, with its leader becoming the new Prime Minister. For example, Anthony Albanese, who was re-elected this time, is the leader of the Australian Labor Party, which won more than half of the House of Representatives in the election. When a single party wins more than 50 percent of the seats, it is called a majority government. If a party does not win more than 50 percent of the seats, but is close, it can form an alliance with other parties or with independent Members of Parliament. This is called a minority government.
- Political parties need to fulfill certain conditions to be legally registered
- Candidates need to fulfill the corresponding rules for nomination
Political parties are central to electoral activity in the Australian political system. All federally registered political parties must consistently meet the eligibility requirements for party registration. These requirements include having at least one member of the party who is a Senator or a Member of the House of Representatives in the Federal Parliament and is not a member of another political party (parliamentary parties); or having at least 1,500 members of the party on the electoral roll who are not registered as members of another political party (non-parliamentary parties).
For candidate nomination, there are two types of candidates: political party candidates and non-party candidates. According to the introduction and detailed information given by the Australian electoral commission, the nomination of a party-endorsed candidate for the House of Representatives is usually submitted by the party registrar to the Australian Electoral Officer (AEO) of each state or territory, and this kind of “collective nomination” process can effectively improve the efficiency of nomination. This “group nomination” process is effective in improving the efficiency of nominations. In the case of non-partisan candidates, there are two scenarios: in the case of a new candidate, the nomination must be signed by 100 registered voters in the electorate, but in the case of an incumbent independent member of Parliament, the nomination of only one voter is required.
The nomination process for the Senate involves the submission of nominations, whether from a political party or not, to the Australian Electoral Officer (AEO) in the state or territory to which the candidate belongs. In the case of party support, the party’s Registered Officer can nominate on behalf of the candidate. In the case of non-partisan candidates, a nomination usually requires the signatures of a group of eligible voters (the number depends on the electoral district).
- The Australian Parliament consists of the House of Representatives and the Senate, with the Prime Minister being the leader of the majority party in the House of Representatives.
- The House of Representatives is primarily responsible for introducing bills, while the Senate is primarily responsible for amending and scrutinizing them.
Australia’s political system is derived from the British Westminster system of parliamentary government rather than the American presidential system. The Commonwealth Parliament consists of an upper house (the Senate) and a lower house (the House of Representatives). Members of the House of Representatives represent 150 separate electoral districts and serve for a maximum of three years; the Senate consists of 76 members, 12 from each of the six states and two from each of the two territories. State senators serve six-year terms, but half of them are re-elected every three years; territorial senators are re-elected in their entirety every three years. The House of Representatives is usually primarily responsible for introducing bills, which are scrutinized and amended by the Senate, and the proposed bills only become law if they are passed by both chambers. This is why it is important to pay attention to the ideas of the parties running for election at the time of voting, which will have a real bearing on every aspect of everyone’s life.
- Voting is an effective way for Chinese Australians to participate in Australian politics and fight for their rights and interests.
The federal election is not that far away for many Chinese Australians who are living with roots in Australia. We are here to work, to buy a home, to raise the next generation, and to work for better education, healthcare and security. Because of this, the electoral system that determines how these public resources are allocated and where policies go should be more a part of our active understanding and participation. From a legal perspective, Australia grants every citizen equal political rights, including the right to register, vote and participate in politics. These rights are not just formalities; they are the link between the people and the governance of the country. When we understand how to voice our demands and participate in public affairs in accordance with the law, we are also earning a clearer and more active social role for the Chinese community. More than just casting a vote, we are saying, “We are here, we care, and we are willing to build this place together.”
According to the latest census, there are nearly 1.4 million Chinese residents in Australia, accounting for 5.5% of the country’s total population. In some specific electoral districts, the proportion of Chinese voters is even close to 30%. Such numbers are not just a statistical presence, but also represent a real political energy: we are not a marginalized group, but an important force that can speak out on key issues and push for change. From immigration policy to children’s education, from business environment to social security, every choice behind the ballot ultimately comes back to each of our lives. Often, it’s not that we don’t care about politics, but that we lack a way to make sense of it. Sunfield Chambers Solicitors & Associates hopes to work with you to make those “hard to understand” public issues clearer and more relevant to your life.
Written by Xueying Yang; Content planning: Zhou Yan; Xueying Yang; Proofreading: Sun Gang
The content of this article is based on publicly available information and the author’s understanding, and does not constitute any form of professional legal advice or basis for business decisions. Readers should refer to this article in the context of their own actual situation and consult relevant professionals for specific guidance. The author and the publishing platform do not assume legal responsibility for any consequences arising from the use of the information in this article.
Consultation with Specialized Lawyers
Abraham Sun
Principal Solicitor
As the Principal Solicitor, Abraham has been working with numerous clients including listed companies, state-owned enterprises, ultra-high-net-worth clients, and investment banks. Customers in various industries including Australian and Chinese companies and individual investors, had achieved considerable economic benefits with his professional legal advice.
Annette Leung
Partner, Solicitor, Notary Public
Annette is an experienced lawyer who works with clients in a wide range of commercial and civil disputes, with a particular focus on marriage and family affairs. Also, her experience extends to assisting clients in other common law countries.
Amy Zhu
Partner, Senior Licensed Conveyancer
Amy is an experienced licensed conveyancer with years of experience in conveyancing matters. She has outstanding work experience and achievements in conveyancing services under property law and conveyancing law provisions. She is skilled in working with clients in Mandarin and English.
Ming Zhao
Partner, Solicitor
Ming is proficient in immigration law and has over 20 years of experience in this area of law. He specialises in business skills migration, employer nomination scheme, employer nomination migration in regional areas, etc. Also, Ming is highly experienced in all areas of criminal defence, including matters involving drink driving, drive while disqualified/suspended, etc.
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