The process of a change via referendum and the factors affecting its likely success Brittany Goldsmith

Referendum  The only way the wording or part of the Constitution can be changed is through a Referendum.  This procedure is outlined in Section 128 of the Constitution.  A direct vote on an issue by all people of voting age  This process ensures only proposals that have strong support from the public would be successful.

Referendum process 1) Need for change can be recommended by sources including the States, a Parliamentary Inquiry or a Constitutional Convention – only the Commonwealth Parliament however can initiate a change. 2) The proposed change is drafted as a Constitutional Alteration Bill. 3) The bill is passed through Parliament like any other Bill.

4) The Bill must be passed by an ‘absolute majority’ in both houses. If this is not achieved, the proposal will subsequently lapse. 4) Between 2-6 months of the Bill being passed through Parliament, the proposed change will be presented to the people in the form of a yes/no question.

6) In order to succeed, the proposal must satisfy the ‘double majority provision’, meaning a ‘yes’ vote is received from: -the majority of voters in the majority of States in Australia -the majority of voters in all states and territories -a majority of voters in any state directly affected by the proposal. These requirements are necessary and if they are not met the Constitution will remain unchanged. They are known as the Section 128 Requirements.

7) If the double majority provision is satisfied, the Governor General can then give the referendum Royal Assent, and the relevant section of the Constitution will subsequently be awarded.

Factors affecting the likely success of a referendum, including:  Suspicion of politician’s motives  The Double Majority Provision  Difficulty gaining bi-partisan support  Voter conservatism

Suspicion of politician’s motives  Voters tend to be suspicious of the actions of politicians in wanting to pursue a referendum and commonly do not want to give politicians any more power than they already hold.

The Double Majority Provision  The concept of the Double Majority Provision ensures that any proposed change needs overwhelming support from the people in order to be successful. It is extremely difficult to satisfy and generally the proposal needs to affect the majority of voters in order to gain ‘yes’ votes, meaning it cannot be a minor issue.

Difficulty gaining bi-partisan support  In order for a referendum to progress in the process, it must receive support from both houses of parliament. Both parties often do not agree with eachother and one party can also influence the population to disagree.

Voter conservatism  If voters do not understand the issue, the proposal or the process of a referendum, they may vote ‘no’ in order to maintain the ‘status quo’, therefore negatively impacting the potential success of a referendum.