The ways in which one successful referendum changed the division of law-making power 1967 referendum: equal citizenship rights for aborigines, 1910: state debts and 1946: social security

https://www.youtube.com/watch?v=V-vX5kNpyLU

Referenda enhancing commonwealth’s capacity to manage national economy

Referenda enhancing commonwealth’s capacity to manage national economy There have been some successful referenda that have enhanced the capacity of the Commonwealth to manage the national economy 1910: State Debts: the focus of this successful referendum question was the enhanced capacity of the Commonwealth to manage the debts of the states became Constitutional Alteration (State Debts) Act 1909 (Cwlth). Allowed Commonwealth to take over state debts which were in existence since Federation Support from 5/6 states, national vote of 55% (double majority).

Social security - 1946

1946: Social security Supported in all states and established rights of Commonwealth to grant social security payments across a variety of areas Before this only invalid or old age pensions

1967 referenda-equal citizenship rights for aborigines

1967 referenda-equal citizenship rights for aborigines This is the referendum you will know in detail When VIC, NSW, Tasmania and SA established their individual colonial constitutions in 1850’s, they gave voting rights to British males over 21, which included Aboriginal men When SA gave women the right to vote and sit in Parliament in 1895, this also included Aboriginal women Only Queensland and WA barred Aborigines from voting As the 20th century evolved, there was a clear need to amend the Constitution to allow the Commonwealth to create law for indigenous people, who has enjoyed some rights under the old colonial laws The rights of Indigenous Australians were not consistent across Australian states, so the Commonwealth needed authority over this area to ensure consistency

1967 Referendum regarding aboriginal RIGHTS The federal parliament passed the Constitution Alteration (Aboriginals) Act 1967 Cwlth, enjoying the majority of support from member of parliament A yes case was put to the people, but as majority of parliament supported change, there was not a “No” case formulated Some parliamentarians were against it only as they saw it as an erosion of state powers In may 1967 two referendum proposals were put to people of Australia 1.) Nexis provision was rejected 2.) relating to Aboriginals was passed Needed consistent laws for Indigenous Australians – needed to be Commonwealth law, not state

Need for change The need for referenda in 1867 stemmed from inconsistent state laws regarding indigenous Australians. Some Indigenous Australians were subject to discriminatory state laws There was a need for laws regarding Aborigines to be consistent across the nation

Proposed constitutional changes in the 1967 referendum The changes focused on two sections of the Constitution: 51 (xxvi) and 127. ‘51. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: (xxvi) The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws.’ Section 51 (xxvi) meant that the Australian Parliament could make laws for anyone except Aborigines. ‘127. In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted.’ Wanted to remove section 127 altogether and partially delete section 51 Section 127 meant that when the population of the Commonwealth, of a state or territory was counted, Aboriginal people were not included. From 1962 to 1964 more than 50 petitions were submitted to the Parliament, all asking for ss. 51 (xxvi) and 127 to be removed.

Arguments for change Prime Minister Harold Holt introduced legislation for a referendum on 2nd March 1967 Significant reasons were put forward for a “yes” vote to the referendum question. These included: To allow Aborigines to share the same status as non-indigenous Australians To heal some wounds of discrimination that had been felt since 19th century from Colonisation To give Commonwealth the legal right s.51 of the Constitution to create special laws for the benefit of Aboriginal people To allow the Commonwealth to take control of law-making in this area and ensure uniformity throughout Australia for Aboriginal people. (Each state had its own laws regarding Aboriginal people and there were inconsistencies between those laws).

Results

Referendum results “To enable the Commonwealth to enact laws for Aborigines. To remove the prohibition against counting Aboriginal people in the population counts in the Commonwealth or a State” Referendum received the support of 90.77 % of voters – Highest Yes vote ever recorded (however remember ACT and NT didn’t have right to vote in referendums at this time) Received majority of yes votes in all six states Double majority provision therefore met This was highest in Victoria at 94% Lowest in WA at 81% Largest percentage of ‘no’ votes came from states that had largest Aboriginal population

Impact of 1967 Referendum Where the states could once make law for indigenous people that reflected local concerns, the 1967 referendum made this impossible-especially where the Commonwealth had exercised its new powers – took power from states and gave it to Commonwealth – changed division of powers made laws relating to Aborignal Australians concurrent power S.109 had ensured that any inconsistencies between State and Commonwealth laws meant that the Commonwealth would prevail An example of such a law is the Racial Discrimination act, which was Australia’s first federal anti-discrimination law. Aims to ensure Australians of all backgrounds are treated equally and have the same opportunities regardless of of race, colour, descent, national or ethnic origin, and immigration status.

Impact Section 51 (xxvi) changed by deleting the exclusions of the Commonwealth making law for Indigenous Australians Section 127 was deleted regarding exclusion of Aborigines from census Aboriginal affairs were now concurrent law – gave Commonwealth overarching power in Indigenous Australians where before it was residual – took power from the states broadened commonwealth law Ensured section 109 would override any inconsistent state law

Without the success of the 1967 referendum, the Commonwealth could not have legislated to protect the rights of indigenous people

Explain how the law-making powers of the commonwealth AND STATE PARLIAMENTS CAN BE CHANGED THROUGH REFERENDUM. SUPPORT YOUR ANSWER WITH THE USE OF AN EXAMPLE. (4 MARKS).

Using an example, explain how referendum can change the lawmaking powers of the state and commonwealth parliaments

2.6 3.) What referendum proposals were put to voters in the 1967 referendum? 4.) Section 109 of the Constitution was to have a profound impact on the rights of indigenous Australians, some of whom had suffered under discriminatory state laws. a.) Outline the nature and purpose of s. 109 of the Constitution. b.) In what ways would s. 109 have been effective in protecting the rights of indigenous Australians? 5.) The 1967 referendum was the most well-supported proposal since Federation. a.) In which state was the proposal supported the most strongly? b.) In which areas was support the lowest? c.) Give two reasons why there may have been such differences across Australia.

Homework You need to fill in the table in your booklet of factors affecting the likely success of a referendum http://tiggiehawkins.weebly.com/unit-3-aos-2.html Know at least three for your SAC and exam

Poster, video, report, role play etc… 1.) Name of referendum 2.) Why was there need for change? 3.) What was the proposal/proposals? 4.) What was the question put to Australians? 5.) What were the results? 6.) How was the division of law making powers changed? Who received more power? The Commonwealth or the States?