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      • EE1: Twomey - The Yes/No Pamphlet
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      • EE5: McDonald- Federalism and a First Nations Voice
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      • EE8 - Walker - The Impact of Foreign Money on the Referendum
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This is not a history of stasis but rather a history of change, of engagement and refinement

History of Referendums

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In total:
  • There have been 44 referendums held in the 122 years since federation, the first in 1906, the last in 1999;
  • Of these eight (8) have been successful (around 1 in 5 successful)
  • But another 5 were supported by more than 50% of the electorate (so 1 in 3 favourable to electorate)
  • Another 9 unsuccessful proposals received over 49% support (so 1 in 2 received over 49% support)

​This is not a history of stasis but rather a history of change, of engagement and refinement. Some of these changes have been largely technical in nature, while others have been profoundly symbolic.

1967 – Aboriginal Rights

The most famous of these changes was the 1967 on Aboriginal Rights. This made two changes:
  1. It removed an express restriction, so that Parliament could pass law for any race including Aboriginal; and
  2. It removed s127 so that Aboriginal people were directly counted in reckoning the number of people in the Cth

​The referendum was a stunning success, with over 90% of the electorate voting in favour of the change.

​This was an important example of a symbolic class of change - the 1967 referendum has taken on totemic character of the moment when Australia as a community formally recognised indigenous Australians as formally equal consistent members of the Australian community. For an overview of this impact of the 1967 Referendum, see the link below: ​
​
For an accessible overview of how referendum work, with a focus on the 1967 referendum,  have a look at this Expert Explainer:
<span>+ EE2: Perche - How a constitutional referendum works, & the significance of ‘67</span>

1977 Referendum

In contrast, the most recent successful referendums were three changes proposed in 1977 to fix up some technical issues in the operation of government institutions:
  1. The first, to ensure that a casual vacancy in the Senate is filled by a person of the same political party;
  2. The second, to allow electors in Territories, as well as in the States, to vote in constitutional referendums;
  3. The third, to provide mandatory retirement ages for federal judges.

​Each of these passed with over 70% of the vote. While all three changes appear - to modern eyes - eminently sensible,
 now.

​Implications

It is now over forty years since we successfully amended the Constitution in 1977, and nearly 20 years since a referendum was even held, in 1999. Both of these are record periods of time for our Federation.
Going on historical averages, we should have had 8 referendums in the last 20 years, with at least one successful
​These delay perpetuates the myth that Constitutional change is effectively implausible. This view is ahistorical. 

  • Our Constitution was never meant to be static, and historically has not been.

​The mere fact that we have not held a successful referendum for nearly two generations, or a referendum 
at all for a generation, should not be taken as any reason not to attempt the long overdue process of maintaining our Constitution

Further Resources

A useful overview of Referendum in Australia is provided by the Parliamentary Education Office at the following site:
Referendums and plebiscites
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Authorised by Joe McIntyre, Voice Legal Literacy Project, UniSA: Justice & Society, University of South Australia, 224 Hindley Street, Adelaide, SA
  • Home
  • Legal Context
    • Understanding the Australian Constitution >
      • What is a Constitution?
      • The Australian Constitution
      • Changing the Constitution
      • History of Referendums
    • Courts and the Constitution
    • Legal Language
  • The Voice
    • Overview of the Voice >
      • The Referendum Question & Proposed Constitutional Amendment
      • Design Principles
      • Law Council of Australia - FAQs
    • Legal Impact of the Voice >
      • Legal Analysis by the Experts
      • Solicitor-General's Opinion
    • History of the Voice >
      • The Dialogues
      • The Uluru Statement
  • Case for Yes
    • Understanding the Yes Case
    • The Yes Pamphlet
    • Resources and Opinions on Yes >
      • Anderson - Addressing some Concerns about the Voice
      • Collins - Why the Voice Deserves Our Support
      • McIntyre - Be the Voice
  • Case for No
    • Understanding the No Case
    • The No Pamphlet
    • Resources and Opinions on No >
      • The 'Progressive No' Case
  • Resources
    • Video Resources
    • Audio Resources
    • Expert Explainers >
      • EE1: Twomey - The Yes/No Pamphlet
      • EE2: Perche - How a Referendum Works
      • EE3: Brennan & Appleby - The Uluru Statement History
      • EE4: Holland- Representative bodies in historical context
      • EE5: McDonald- Federalism and a First Nations Voice
      • EE6: Koch & Olijynk - The SA Voice
      • EE7: Jones - Lessons from Past Referendum
      • EE8 - Walker - The Impact of Foreign Money on the Referendum
    • Recommended Links
    • Digital Record
  • About
    • About the Project
    • Legal Literacy
    • About the Project Team
    • Supported by UniSA
    • Contact