EE2: How a constitutional referendum works, & the significance of ‘67

Dr Diana Perche (UNSW)
A referendum to amend the Australian Constitution is a rare event, and for many voters, this will be the first time they are asked to vote to change the Constitution. The most recent constitutional referendum was the 1999 referendum proposing Australia become a republic and a new preamble, both convincingly rejected by the electorate. The last successful referendum was in 1977. In this activity, we will consider the mechanics of section 128 of the Constitution, and reflect on the relevance of past attempts to this year’s Referendum.

The very low success rate for previous proposals is well known, with only 8 out of 44 succeeding. The ‘double majority’ required to pass (a majority of voters, and a majority of states) has proven too difficult to achieve in the past. This is no accident; the drafters of the Constitution designed it to be especially difficult to change. Many referendum proposals have simply failed to achieve a majority of 50%, and five failed due to three or more states voting against, despite a national majority. This has been identified by the no campaign as a potential way to prevent the Voice from succeeding, and will shape the campaign strategy over the next few months.

Much attention has also been paid to the risks of proposing a change to the Constitution without bipartisan support from the two major parties. The decision by the Coalition to campaign against the Voice is significant, but bipartisanship on past proposals has not guaranteed success in the past, either.

The 1967 Referendum which allowed the Commonwealth to pass legislation for Aboriginal people was passed with a national majority of 90.77% and is seen by many as a profoundly important moment in First Nations/Settler relations.

The true impact of the change to the Constitution has often been misunderstood, or mythologised, but its symbolic significance remains a powerful motivator for many supporting the Yes campaign. As Megan Davis and George Williams argued:
‘Part of the task … of convincing Australians to vote Yes … is to first explain the limited nature of what was brought about in 1967. It is only once the modest legal scope of that referendum is understood, including the fact that it removed all references to Aboriginal people without inserting anything positive in their place, that it becomes clear that the referendum left behind unfinished business still worthy of debate today.’
Acknowledgment

Further Resources