Read The Times Australia

Daily Bulletin

What history can tell us about the success (or failure) of referendums in Australia

  • Written by: Benjamin T. Jones, Senior Lecturer in History, CQUniversity Australia

The Australian nation came into being following a series of referendums in the 1890s, and they have been a regular feature of Australian democracy ever since. In every decade of the 20th century, there was at least one referendum. However, the 2023 referendum on the Aboriginal and Torres Strait Islander Voice to Parliament will be the first in nearly a quarter of a century.

The authors of the Australian Constitution wanted it to be an enduring but not unchanging document. In Section 128, a mechanism for changing the Constitution was included that has a role for the federal government, the states and the people. Federal parliament must agree to put a change forward, and it then requires the approval of a majority of states as well as an overall majority of voters.

According to American political scientist Donald Lutz, this “double majority” makes Australia’s Constitution the fifth most difficult in the world to change.

Only eight referendum questions of 44 in all have achieved the double majority to pass (and only one proposed by a Labor government, in 1946). While changing the Constitution is very difficult in Australia, there are lessons from the history of referendums that can guide supporters of the Aboriginal and Torres Strait Islander Voice to Parliament and other advocates of reform.

Read more: 10 questions about the Voice to Parliament - answered by the experts

No more power for Canberra

The first lesson is that Australians are trenchantly opposed to any change that increases the power of the federal government. Between 1906 and 1999, there were 23 proposals that would have extended the power of the Commonwealth. Only two were successful (in 1946 and 1967), and both were dealing with extraordinary circumstances in post-war reconstruction and removing discriminatory references to Indigenous people.

A fair conclusion to be drawn is that the electorate is broadly happy with the division of power between the states and the Commonwealth.

In 2023 the “no” campaign is following the successful strategy from the past two referendums.

During the 1999 referendum on whether Australia should become a republic, the “no” case criticised a “politicians’ republic” and argued it would give more power to Canberra. In 1988, the “no” campaign presented Bob Hawke’s four proposals as a power grab by the prime minister.

In a similar way, “no” group Fair Australia is calling the current proposal “Albo’s Voice” and describing it as a ploy for so-called “elites”.

The constitutional wording for the Voice does not grant any extra powers to the federal government, and the body itself has no powers other than to exist and offer advice.

Regardless, the “yes” campaign need to counter the narrative that the proposal concentrates more power in Canberra.

There must be a clear reason

The 1977 referendum is the only time when multiple proposals were approved at once. The three successful proposals out of four addressed clear problems. In the wake of the controversial Whitlam dismissal, there was a strong public mood to ensure that when a Senate vacancy occurs, the replacement is from the same party. Including votes from the Northern Territory and the Australian Capital Territory in referendums was seen as an act of fairness, and a retirement age of 70 for federal judges seemed like common sense.

Contrast this with 1988, when one of Hawke’s unsuccessful proposals was to ensure religious freedom. It was not the case that electors disagreed but they did not see it as a problem that needed fixing. The “no” campaign was able to argue that we already have religious freedom so there must be some sinister, hidden agenda to the proposal.

Again, this is an area that the “yes” case must focus on. First Nations can be symbolically recognised in the Constitution through the addition of a new preamble. This was proposed and rejected at the 1999 referendum.

Opposition Leader Peter Dutton has now suggested he will hold a second referendum if the Voice fails and he wins the next election. A key challenge for supporters of the Voice is to convince electors that it is not merely symbolic recognition but also a mechanism for practical outcomes.

The Nationals, who officially opposed the Voice before the details were released, have argued it will add a layer of bureaucracy. The “yes” side must explain how it will lead to better outcomes.

Read more: What does history tell us about the Coalition's proposal for a second referendum?

Bipartisanship is crucial

Even though the federal Coalition has taken a “no” stance, there are many prominent Liberals who advocate a “yes” vote, including former Prime Minister Malcolm Turnbull and former Foreign Minister Julie Bishop. Other supporters have started the group Liberals for Yes.

Since Federation, no referendum has passed without bipartisan support, so it is crucial the “yes” campaign actively counter the narrative that this is Labor’s Voice. The new “yes” advertisement uses John Farnham’s classic hit You’re The Voice and, significantly, includes footage of Liberal Party achievements such as gun reform and the marriage equality plebiscite. This is a wise approach and they should build on it.

Bipartisan support does not guarantee the success of a referendum. Then-Prime Minister Malcolm Fraser’s fourth proposal in 1977 for simultaneous elections for the House of Representatives and Senate failed, despite support from the Labor opposition.

The iconic 1967 referendum was the most successful ever for the second question – to remove discriminatory references to Indigenous people. The first question, to break the nexus between the number of senators and MPs, also had bipartisan support but was comfortably defeated.

What seems clear, however, is that the Voice must be seen as above politics in order to pass. Highlighting the conservative politicians as well as community and religious leaders who support the Voice would give it a better chance of success.

For well over half a century, politicians from both major parties have agreed the Constitution needs to be updated and modernised. Constitutional commissions and legal experts have been used in an attempt to depoliticise the process, but the foundational document remains largely frozen. The aggressive, hyper-partisan nature of Australian politics has meant few oppositions can resist the instinct to sink a government proposal, even if they support the change in principle.

The Labor Party has traditionally been more enthusiastic about constitutional reform. Apart from John Curtin, who died in office, every Labor prime minister who oversaw a failed referendum had a second attempt. Hawke, Gough Whitlam, Ben Chifley and Andrew Fisher all tried twice.

If the Voice does go down, having already expended a great deal of political capital in constitutional change, Albanese may well follow this long tradition.

Authors: Benjamin T. Jones, Senior Lecturer in History, CQUniversity Australia

Read more https://theconversation.com/what-history-can-tell-us-about-the-success-or-failure-of-referendums-in-australia-213077

Business News

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Every Workplace Should Take Emergency Preparedness Seriously

Emergency planning is one of those things many workplaces know they should think about, but it oft...

Why Clearer Communication Still Matters in a Digital-First Business

It’s never been easier for businesses to communicate, but that doesn’t mean they’re always communica...

What Happens After You Lodge a BYDA Enquiry? The Step Most Excavation Projects Miss

Every excavation project in Australia — from a backyard deck footing to a multi-storey commercial bu...

How to Choose the Right Dentist on the Gold Coast

Finding a dentist you trust is one of those decisions that quietly affects your health for years, ...

The Hidden Engineering Problem Inside Australia's Older Housing Stock

A significant share of Australian homes were built for a way of living that no longer exists. Houses...

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...