The Referendum Process Anna & Georgia

Factors Effecting the success of a referendum Timing – usually timed with an election therefore more interest is paid to the election rather than the referendum The requirement for a double majority is difficult to achieve Lack of bipartisan support; people vote on party lines Confusing information, Voters conservatism, meaning that people of the community are reluctant to change Opposition in community; therefore people are also reluctant to support the referendum Erosion of state rights; voters are worried to give up freedom High costs, referendums are less likely to go ahead

8 changes to the Constitution 1906 – Senate Elections: The amendment of the constitution, was to move the senator’s term beginning date to be simultaneous with the House of representatives Election 1910 – State Debts: This amendment allowed the Commonwealth to take over any State debts 1928 – State Debts: The borrowing rights of states were restricted within this amendment 1946 – Social Services: This amendment extended the government’s powers over a range of social services 1967 – Aboriginal People: This allowed the indigenous people to be counted in the census and enabled the Commonwealth to create laws for them

8 Changes to the constitution 1977 – Casual Vacancies: an amendment to the constitution concerning the filling of casual vacancies in the Senate 1977 – Territorial Votes: Voters in the territories were to be counted towards the national total of votes, but would not be counted toward any state total. 1977 – Retirement of Judges: the amendment of the constitution make the ruling that federal judges were required to retire at the age of 70.

2 successful referendums

1967 Aboriginal People This allowed the indigenous people to be counted in the census and enabled the Commonwealth to create laws for them. The referendum removed lines from section 51 xxvi and section 127. In section 51, the Commonwealth is given power to make laws for people of any race however it originally stated an exception: ‘other than the aboriginal race in any State.’ The referendum removed that line, enabling the commonwealth to make laws for indigenous Australians.

1967 Aboriginal People Similarly, in Section 127, the original statement in the Constitution, excluded Aboriginal people from being counted in a census. The amendment removed the following lines: States “YES” Reasons why the Referendum passed: Heightened awareness of the aboriginal people’s predicament all Aboriginal adults already held the right to vote in federal, state and territory elections Mateship formed during World War ll, between white Australians and aboriginal Australians No distractions, due to being timed separately to an election Erosion of state rights meant there was unity within the whole of Australia

1977 Territorial Votes Before this referendum there was unrest within the territories, demonstrations occurred in Alice Springs after electors were unable to vote in the 1967 Aboriginal People Referendum. Therefore, in the 1977 a Referendum was brought to the people, the voters approved to allow electors in Australia’s territories to vote in referendums. However electors in territories only count in the national total and do not count towards the state total. “It is proposed to alter the Constitution so as to allow electors in the territories, as well as electors in the states, to vote at referendums on proposed laws to alter the Constitution. Do you approve the proposed law?”

% 1977 Territorial Votes Reasons Why the Referendum Passed: States “YES” % Reasons Why the Referendum Passed: The inequality is evident No distractions, due to being timed separately to an election Unrest in community influenced individuals to push through the referendum

2 unsuccessful referendums

1999 Republic Referendum This referendum asks the voters whether Australia should become a Republic instead of remaining a constitution. The question posed was this: : To alter the Constitution to establish the Commonwealth of Australia as a republic with the Queen and Governor-General being replaced by a President appointed by a two-thirds majority of the members of the Commonwealth Parliament. Do you approve this proposed alteration?

1999 Republic Referendum The national percentage of voters in favour reached 45.13% along with a total of 0 states were in favour. Reasons why the Referendum failed: Voter conservatism The benefits of staying under the crown The disadvantages of disbanding the crown

1999 preamble The 1999 Preamble Referendum was combined as the second part of the Republic Referendum and asked electors whether a preamble should be introduced into the constitution. A preamble is: the introductory part of a statute or deed, stating its purpose, aims, and justification. A proposed law: To alter the Constitution to insert a preamble. The preamble would then have read With hope in God, the Commonwealth of Australia is constituted as a democracy with a federal system of government to serve the common good. We the Australian people commit ourselves to this Constitution: proud that our national unity has been forged by Australians from many ancestries; never forgetting the sacrifices of all who defended our country and our liberty in time of war; upholding freedom, tolerance, individual dignity and the rule of law; honouring Aborigines and Torres Strait Islanders, the nation's first people, for their deep kinship with their lands and for their ancient and continuing cultures which enrich the life of our country; recognising the nation-building contribution of generations of immigrants; mindful of our responsibility to protect our unique natural environment; supportive of achievement as well as equality of opportunity for all; and valuing independence as dearly as the national spirit which binds us together in both adversity and success.

1999 preamble The national percentage of voters in favour reached 39.34% along with a total of 0 states in favour. Reasons why the Referendum was unsuccessful: As the second part of an also unsuccessful referendum voters were more likely to vote ‘no’ again Confusing information, about what a preamble was.. Thus, voters don’t see it’s relevance