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Australian Referendum Process

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Australian Referendum Process

Read the information and fictional scenario, then complete each task. Referendums change the Australian Constitution, not ordinary laws. Use evidence from the reading and your civics knowledge.

A proposal reaches the voters

Section 128 of the Australian Constitution sets out how the Constitution can be changed. A proposed change must first pass both houses of the Commonwealth Parliament, usually by an absolute majority in each house. If the houses disagree, a special process can sometimes allow the proposal to proceed. The proposal is then put to voters in a referendum. The Australian Electoral Commission (AEC) runs the voting process. Eligible voters vote Yes or No, and voting is compulsory. For a proposal to pass, it needs a double majority: more than half of all formal votes across Australia must be Yes, and Yes votes must also outnumber No votes in at least four of the six states. Territory votes count in the national total but not in the state count. If it passes, the proposal receives Royal Assent and becomes part of the Constitution. If it fails, the Constitution remains unchanged.

1.Which statement best describes the role of Section 128?

It explains the process for changing the Australian Constitution.
It sets the rules for electing local councils.
It gives the AEC power to make ordinary laws.
It lists the rights of every Australian citizen.

2.Put these referendum stages in the correct order by writing 1–4 beside each: voting takes place; Parliament approves a proposed change; results are checked against the double-majority rule; the successful change receives Royal Assent.

3.Name the organisation that conducts federal referendums and give one practical responsibility it has on voting day.

The double-majority challenge

In a fictional referendum, the national formal vote is 12,000,000 Yes and 10,000,000 No. State results are: New South Wales Yes 3.2 million, No 3.0 million; Victoria Yes 2.5 million, No 2.4 million; Queensland Yes 1.8 million, No 2.0 million; Western Australia Yes 1.0 million, No 0.9 million; South Australia Yes 0.8 million, No 0.7 million; Tasmania Yes 0.3 million, No 0.2 million. Territory votes are included in the national total but are not listed in the state results. Assume these are all formal votes.

Area

Yes (millions)

No (millions)

Australia total

12.0

10.0

New South Wales

3.2

3.0

Victoria

2.5

2.4

Queensland

1.8

2.0

Western Australia

1.0

0.9

South Australia

0.8

0.7

Tasmania

0.3

0.2

4.Does the national vote meet the national half of the double majority? Show how you know.

5.How many of the six states have a Yes majority? List them and decide whether the state half of the double majority is met.

6.Based on both parts of the double majority, has this fictional referendum passed? Explain your conclusion in one or two sentences.

Historical example: the 1967 referendum

In 1967, Australians voted on changes to the Constitution concerning Aboriginal people. The changes removed section 127, which had excluded Aboriginal people from being counted in population counts for constitutional purposes, and amended section 51(xxvi) so the Commonwealth Parliament could make laws for Aboriginal people. The referendum received an emphatic Yes vote, with about 90.77% of formal votes in favour, and passed in every state. It did not itself grant Aboriginal and Torres Strait Islander people the right to vote; many already had voting rights, though access and legal rules varied over time. The referendum was an important change to constitutional arrangements, but it did not end discrimination or resolve all questions of rights and equality.

7.Select the two constitutional effects described in the reading.

It removed section 127 and amended section 51(xxvi).
It created the High Court and introduced compulsory voting.
It established native title and granted voting rights for the first time.
It created the states and gave territories equal state voting status.

8.A classmate says, “The 1967 referendum gave Aboriginal people the right to vote.” Using the reading, correct this claim and explain one reason the referendum was historically significant.

9.The national Yes vote is 52%, but Yes wins in only three states. Has the proposal passed? Explain which rule decides the result.

10.Give one democratic advantage and one challenge of requiring a double majority for constitutional change.

11.Imagine Xavier is preparing a neutral voter-information leaflet about a proposed constitutional change. State two things the leaflet should explain so voters can make an informed Yes/No decision.