Australia is a member of the Commonwealth of Nations linked to the United Kingdom, and has a federal parliamentary system of government. A Governor General represents Queen Elizabeth II. Since June 2010, the Australian Labour Party's Julia Gillard has been Prime Minister, the first woman to hold the office. Representatives are elected in free and fair elections by universal suffrage and compulsory voting. In August 2010, federal elections were held, resulting in a tie between the Labour Party and the Liberal Coalition, with 72 seats each; four independent members have the power to decide on decisions made by the Chamber. Julia Gillard governs in minority. Women make up 24.7% of the Lower House (37 seats out of a total of 150), and 35.5% in the Upper House (27 out of 76).

Judicial power is independent and effective. The High Court is the highest court in Australia and has the power to make amendments to the constitution. The Federal Court mainly deals with matters relating to companies, commerce, labour relations, company bankruptcy, customs and import, immigration, and other areas of federal legislation The High Court holds original jurisdiction in these areas and in appellate cases.

In 2010, the Senate passed a law partially restoring protection against racial discrimination and modifying aspects of the Intervention in Iindigenous Ccommunities introduced by Howard's government in 2007. At that time, without prior consultation, radical changes were made to the daily lives of aboriginal peoples in communities in the Northern Territory. The present situation, with partial reintegration of protection against racial discrimination, has brought significant improvements, but many of the Intervention's measures are still in force, including forced land lease. The government has committed to reviewing how the Intervention's measures are applied, including the income management system. Human rights organisations claim it is essential for the process to enable strict control to be held over policies concerning these communities, and to open the way towards alternative solutions.

Reports continue to mention abuse of people detained by police.

Freedom of expression and press is guaranteed by law, and generally respected. The media expresses a diversity of opinions, and access to Internet is not restricted. Federal, state, and territorial governments have freedom of information laws on access to government information.

State and federal laws prohibit discrimination against people affected by HIV/ AIDS, but people living with the virus experience major difficulties, particularly in access to insurance and housing. In October 2010 it was reported that 21,171 Australians live with HIV. The Australian Education Union (AEU), an EI member, is committed to the need to ensure that all children who live with the virus or suffer from AIDS can gain access to quality public education, and to social and health care services that provide children and their families with the support and care they require.

Laws do not penalise relations between persons of the same sex, but the possibility for them to marry depends on the region. The same applies to adoption. In October 2010 the Tasmanian upper house passed an amendment allowing homosexual couples who marry abroad to be automatically recognised as married couples. Tasmania is the first Australian state to recognise marriages between persons of the same sex.

Criminal laws have been passed to restrict the trade and possession of child pornography. The Child Sex Tourism Act outlaws the practice for Australian residents and nationals travelling abroad. Australia is a destination point for women who are victims of trafficking for purposes of sexual exploitation.

Although the educational structure varies between states and territories, education is compulsory and free between the ages of 5 and 15. 92.5% of 15-year-old children attend school full time. The incipient lack of teachers in the OECD is reflected in Australia since it is in the bottom half of OECD countries in per capita expenditure on education, while spending on private education is higher than in the rest of the OECD countries, except for the USA and Korea.

The government grants a minimum allowance to parents for 16.8% of nursery school costs for their first child. For other children, the allowances are smaller, but low-income families can receive up to 100% of the cost. 66% of ECE is private. The pre-school programme lasts one year, starting at the age of four.

Education is compulsory between the ages of five and fifteen. Primary Education begins at age 5 and lasts for 7 years. 28% of education is private. 99% of pupils enrolled in the first-year course stay on to the last year of Primary Education.

Compulsory secondary education begins at age 12 and continues to age 15. To reach the end of secondary education, pupils have to complete six course years. The NER is 875%. 30% of secondary education is private. 24% of pupils in lower secondary education and 64% in upper secondary education study technical training programmes.

There are 1,199,845 pupils (56% girls) enrolled in tertiary education centres. Australia recruits a large number of foreign students to study at its secondary and higher education centres and is opening delegations abroad for Australian universities. The government strongly targets these objectives through commercial liberalisation practices derived from the General Agreement on Trade in Services (GATS) and bilateral agreements. There is a large number of foreign students studying at Australian universities: 60,269 from unspecified countries, and the rest from East Asia and the Pacific (102,575), Arab States, (2,481), Central Europe (1,536) and Central Asia (156). Meanwhile, there are 6,434 Australian students studying overseas, mostly in the USA (2,706), the United Kingdom (1,501), Canada (398), Japan (346) and Germany (324).

Legislation prohibits discrimination against the disabled in jobs and education, and children with special needs receive appropriate education. Special needs programs are provided in state schools, and wherever possible special needs children are integrated into mainstream classes. Private schools also offer facilities for special needs. Reports indicate that the problem still exists from some parents who allow illegal sterilisation of their disabled sons and daughters. The High Court has determined that doctors sterilising a boy or girl without permission from the Federal Family Court will be subject to corresponding civil and criminal proceedings. According to the Australian NGO Women with Disabilities, most of the cases are of women and girls.

The law provides for the granting of asylum or the status of refugee in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol. However, persons arriving at the border without prior permission of entry are automatically detained. Reports express concern for the education of child refugees on account of the harsh immigration law which sees them held in immigration centres together with their families. The national laws forcing child asylum seekers to be retained in immigration centers breach the UN Convention on the Rights of the Child, of which Australia is a signatory. The Australian Human Rights Commission has repeatedly questioned this situation and has published several reports on it.

The issue of the treatment of asylum seekers continues to raise concern, particularly in southern parts of Australia. At the beginning of 2010, asylum seekers were taken from Christmas Island to a detention centre at Port Augusta. The intention to set up a detention centre in Inverbrackiem was also announced, which has caused considerable controversy. According to the Bureau of Statistics on immigration, in October 2010 there were 456 children detained onshore and 341 on Christmas Island. Australia has specifically suspended protection for refugees from Afghanistan and Sri Lanka, including children, who have had to endure additional months of detention whatever their reasons for seeking asylum.

The educational performance of young Aboriginals has improved, but they are still twice as likely to drop out of school as other pupils. The Australian Institute of Aboriginal and Torres Islander Studies pointed out in its report of February 2011, that only 45% of children between the ages of 7 and 12 were full-time pupils. 55% of children aged between 10 and 17 confined in reformatories are Aboriginals. Juvenile delinquents under 17 are usually kept in correctional or training centres where they have access to education and training.

With the aim of improving education for the indigenous population, in 2009 the Australian Education Union (AEU) , a trade union and member of the EI, proposed:

Establishing educational programmes, with the participation of appropriate governmental bodies, to support the parents of aboriginal children under the age of 4, and to form strong links between the school and the community from an early age.

Establishing inter-institutional programmes in schools with a large indigenous population, aimed at ensuring that the school becomes the centre of the community.

Keeping schools open up to forty-eight (48) weeks per year, without affecting the rights of teaching staff.

Negotiating and developing new policies in hiring teaching staff, which include:

Strategies to recruit and retain experienced teachers in those indigenous schools with staffing problems.

Appointing more schoolteachers and head teachers for schools with high rates of indigenous enrolment with the aim of ensuring continuity.

Improving contract conditions and incentives so as to retain teachers in schools in indigenous communities which are geographically isolated.

Promoting the professional development and training of indigenous teachers and support staff.

Although the law does not restrict academic freedom, there is concern amongst university staff unions over changes to public financing and governing structures of universities which may affect their freedom to publish the results of research and to share information with colleagues. More and more funding for research is coming from companies, which, in exchange, demand that the results of the research become their property. This raises concerns as to academic freedom.

Men and women are equal in law, which establishes equal pay for work of the same or equivalent value. Women's incomes, however, are still lower than men's. In March 2010, the Australian Council of Trade Unions (ACTU) and public service organisations submitted a formal complaint to the (Fair Work Tribunal) on the continuing gender wage gap. According to a significant statistic from the Fair Pay Commission, in 2010, women working full-time were still earning on average 17.6 % less than men. All indications suggest that the gap is getting wider.

Violence against women is illegal, but domestic violence is still a problem and is one of the five major risks to women's health. Some states have passed laws outlawing female genital mutilation, or the removal of a minor from her habitual abode for such purposes. Sexual harassment is illegal. The country continues to be a destination point for women victims of trafficking for the purposes of sexual exploitation and forced labour.

Federal laws do not explicitly establish a minimum age for work, but the requirements of compulsory education imposed by state education authorities prevent the majority of children from working full-time until they are 15 or 16. Federal and state laws oversee and enforce a series of regulations on the minimum entitlement age for receiving unemployment benefit, and for working in certain jobs. Compliance with these laws is also overseen by the Australian Council of Trade Unions (ACTU).

The 2009 Fair Work Act reinstated the labour and union rights removed by the Howard government. However, as the government did not obtain a majority in the Senate, opposition parties were able to block key parts of the labour legislation reforms. Added to that is the concern over the possibility of a fresh attack on workers' rights coming from the conservative government elected in Western Australia.

Workers have the right to form or join trade unions, and the law protects them against anti-union discrimination. Trade union membership remains at 23% of the active population. The working week is normally 40 hours. The number of temporary workers has increased considerably, and is currently at around 27% of the active population. Government statistics show that more than 50% of temporary workers were employed in the same job for more than 12 months, and 67% worked regular hours. These employees are not entitled to benefits such as sick leave and annual holidays.