What is the primary function of the judiciary in Australia?

The primary function of the judiciary in Australia is to interpret and apply the law. This role is crucial because it involves making legal decisions based on the statutes, precedents, and interpretations of laws as they are presented in court cases. Judges assess the facts of a case and determine how the law should be applied to those facts, ensuring justice is served while upholding the rule of law. This function maintains the balance of power within the government, as the judiciary acts as a check on the other branches by ensuring that laws are interpreted fairly and justly.

In contrast, creating new laws is the responsibility of the legislative branch, which involves deliberative processes where lawmakers propose, debate, and vote on legislation. Enforcing criminal laws falls primarily to law enforcement agencies rather than the judiciary, which does not have a direct role in enforcement but rather in adjudicating disputes that arise under the law. The judiciary also does not represent the government; instead, it operates independently to uphold justice and ensure that everyone is treated equally before the law.