Read The Times Australia

Daily Bulletin

Why we should celebrate Australia Day on March 3 – the day we became a fully independent country

  • Written by: Benjamin T. Jones, Senior Lecturer in History, CQUniversity Australia
Queen Elizabeth II signing paper at a desk while a man in a suit stands over and watches

Every year, there are debates over the appropriateness of January 26 for a national holiday.

Australia Day has been celebrated on different dates since its inception as a fundraiser for the war effort in 1915. The choice of January 26, the day in 1788 when the British flag was raised in New South Wales, attracted significant protest from First Nations, especially at the sesquicentenary in 1938 and bicentenary in 1988.

In recent years, January 26 has become a date that divides Australians. More than 80 local councils have chosen not to have it as a day of celebration, and Triple J stopped using the date to hold its Hottest 100 competition in 2018. This year, Woolworths’ commercial decision not to stock Australia Day merchandise was met with calls to protest the supermarket giant.

If the purpose of Australia Day is to unite Australians and celebrate our achievements as a nation, then would our Independence Day – March 3 1986 – be a better choice?

Read more: Australia Day wasn't always January 26, but it was always an issue

Wasn’t Australia independent before the 1980s?

You might be thinking, hang on, surely Australia was already independent in the 1980s?

To give a typical historian’s answer, yes, but it’s more complex than that.

In 1901, Australia federated and became a nation, but not an independent one. Its initial status was a Dominion of the British empire, self-governing but with its foreign affairs dictated from Westminster.

The Imperial Conference of 1923 gave majority-white Dominions such as Australia control over foreign affairs, while the 1926 Balfour Declaration asserted that Dominions were “autonomous Communities within the British Empire, equal in status”.

The passage of the 1931 Statute of Westminster confirmed that the Dominions were not subordinate to Britain. While this might seem like the independence moment, Australia saw no need for the change and did not ratify it until 1942.

Queen Elizabeth II signing paper at a desk while a man in a suit stands over and watches
Then-Prime Minister Bob Hawke and Queen Elizabeth II signed the Australia Acts in 1986. National Archives of Australia, CC BY

The second world war convinced the Australian government it needed its own diplomats and embassies in foreign nations. Then, in the 1960s, Britain’s attempts to join the European common market and its decision to remove its military from South-East Asia (known as East of Suez) prompted Australia to show greater independence in its trade and security policies.

Even if the Commonwealth government was independent from 1931 (or 1942, technically), colonial anomalies remained and would not be addressed until 1986.

Read more: Welcome to May 9 – the true Australia Day

Wait, so Australia wasn’t fully independent?

When the Hawke government took office in 1983, the state governments retained their colonial constitutions and were still answerable to the British government.

Further, those unhappy with a ruling in their state supreme court could challenge it in Britain’s Privy Council. These colonial hangovers were not harmless relics, but had real consequences.

While protocol dictates that the monarch must accept the prime minister’s advice when appointing the governor general, at state level, British ministers felt free to reject the advice of premiers.

This was seen in 1975 when Queensland premier Joh Bjelke-Petersen had his attempts to extend the term of governor Sir Colin Hannah blocked.

Similarly, the Privy Council continued to hear cases from Australia. In 1984, 14 appeals from Australia were received, with a further ten in 1985. One of these was instigated by West Indies cricket captain Clive Lloyd, who was awarded damages after an article in The Age implied his team deliberately lost a match. The NSW Court of Appeal overturned the verdict but Lloyd successfully challenged the decision in the Privy Council, undermining the power of the state legal system.

The Australia Acts are twin legislation passed in the UK and Australian parliaments (hence Acts not Act), matched by consenting legislation from each state parliament.

A black and white gazette article from 1986 from Bob Hawke A special edition of the Commonwealth Gazette was published when the Australia Acts had been finalised. Office of Parliamentary Counsel (OPC)/National Library of Australia, CC BY

They were the result of years of complex negotiations but were aided by political goodwill from both major parties and the UK government. The Australia Acts ended all remaining powers of the UK parliament over Australian states and confirmed that the High Court of Australia is the final court of appeal.

Australian independence did not come as a result of a dramatic struggle or revolutionary war. Instead, it was a gradual evolution. Queen Elizabeth II commented that “surely no two independent countries could bring to an end their constitutional relationship in a more civilised way” (though, we would continue to share the same head of state).

Despite the significance of the occasion, the passage of the Australia Acts had only limited public interest. The various developments were noted in newspapers in Australia and Britain but usually in the back pages.

For example, when the British legislation passed the House of Lords in December 1985, The Age informed its readers that “the sun sets today on the shreds of colonial bondage” on page 24, next to the daily crossword and a cartoon.

When the Acts came into effect on March 3 1986, the Australian media presented it as a mundane piece of constitutional upkeep, which perhaps explains why the date is not well known today.

A better choice for Australia Day?

Australia does not have a single independence moment. It has no equivalent to the War of Independence in the United States or the storming of the Bastille in France.

Nevertheless, as legal expert Anne Twomey has concluded, it is indisputable that full legal independence was achieved through the Australia Acts.

While historians have been more opaque, Deborah Gare argues convincingly that despite the increased freedoms after 1931, a nation can hardly be called independent without sovereignty over its own judiciary.

January 26 is engulfed in a culture war. It does not satisfy those who want it to be a day of contemplation or those who want it to be a day of united celebration.

Read more: 'Change the date' debates about January 26 distract from the truth telling Australia needs to do

For all the commentary, however, few Australians really care what day it is held. Most simply want an opportunity to take a day off work and celebrate the achievements of the country, individually and collectively.

January 26 will always be a significant historical date, but its meaning is contested. By contrast, few would dispute that Australia achieving its full legal independence was a positive development, worthy of celebration.

There is no requirement that Australia Day be celebrated on a historically significant date. The last Friday in January is sometimes suggested to ensure a long weekend.

But for those who do want history to guide the national celebrations, the Australia Acts provide an uncontroversial alternative.

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

Read more https://theconversation.com/why-we-should-celebrate-australia-day-on-march-3-the-day-we-became-a-fully-independent-country-221015

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

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 Daily Magazine

Choosing an ELISA Format That Matches Your Target

A colorimetric ELISA ends with a plate that has developed color, and the instinct is to read more ...

Why Accurate Measurements Matter When Ordering Flatpack Cabinets

Ordering flatpack cabinets can make a renovation or storage project more manageable, but the proce...

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...