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Australian Constitution Basics

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Australian Constitution Basics

Read the briefing and use it to solve the civics challenges. Give reasons where asked; more than one well-supported view may be valid.

Constitution briefing

Australia’s Constitution is the nation’s foundational legal document. It took effect on 1 January 1901, when the colonies united as states in the Commonwealth of Australia. It sets out the structure of the federal Parliament and government, and gives the Commonwealth Parliament power to make laws on specified matters, such as defence and immigration. States retain their own parliaments and responsibilities; some matters, including education and health, involve both levels of government. The Constitution does not list every government power or decide every policy question. A proposed constitutional change must first pass through the federal Parliament. It is then put to voters in a referendum. For the proposal to succeed, it needs a ‘double majority’: a majority of voters across Australia and a majority of voters in at least four of the six states. Territories count in the national vote but not in the state count. A successful proposal receives royal assent. In the 1967 referendum, voters approved changes relating to Aboriginal people. The changes removed Aboriginal people’s exclusion from constitutional population counts and enabled the Commonwealth Parliament to make special laws for Aboriginal people. The vote did not itself grant citizenship or voting rights; Aboriginal and Torres Strait Islander people already had citizenship, and voting rights had been secured through earlier laws.

Challenge 1: Decode the system

1.A classmate says, “The Constitution is just a list of ordinary laws that the federal Parliament can change whenever it wants.” Which response best corrects this claim?

It is a foundational document establishing government powers and structures, and formal change requires a referendum.
It is a collection of state laws that only state premiers can change.
It is a policy guide that the High Court rewrites each year.
It applies only to the Prime Minister and Cabinet.

2.Complete the explanation: Australia is a system because governing power is shared between the Commonwealth and the .

3.Grace is sorting responsibilities. Name one area the briefing identifies as a Commonwealth power and one area involving both Commonwealth and state governments.

4.True or false? The Constitution lists every government power and settles every policy question. Correct the statement if it is false.

TrueFalse

Challenge 2: Count the referendum votes

A constitutional proposal has passed the federal Parliament and is being voted on. In the national count, 54% vote yes. State results are: New South Wales 52% yes, Victoria 51% yes, Queensland 49% yes, Western Australia 53% yes, South Australia 48% yes and Tasmania 55% yes. In the territories, 60% vote yes.

5.How many of the six states recorded a majority voting yes?

6.Did this proposal meet the double-majority requirement? Explain using both parts of the rule.

7.Suppose the national yes vote were 49%, while the same four states still voted yes. Would the proposal pass? Why?

Challenge 3: History and judgement

8.Which statement about the 1967 referendum is accurate?

It removed Aboriginal people’s exclusion from constitutional population counts and changed Commonwealth law-making power concerning Aboriginal people.
It created citizenship for Aboriginal people for the first time.
It introduced the double-majority rule for referendums.
It gave states the power to appoint the Prime Minister.

9.A social media post claims, “The 1967 referendum gave Aboriginal people citizenship and the right to vote.” Use the briefing to explain what is inaccurate about this claim.

10.Why might a double-majority rule protect both Australians as a whole and the states? Give one reason for each part of the rule.

11.A referendum needs support across the country and across most states. In your view, is that balance fair, or does it make constitutional change too difficult? State your position and support it with two reasons, using at least one detail from this worksheet.