In Australia, referendums (also spelled referenda)[1] are public votes held on important issues where the electorate may approve or reject a certain proposal. In contemporary usage, polls conducted on non-constitutional issues are known as plebiscites, with the term referendum being reserved solely for votes on constitutional changes, which is legally required to make a change to the Constitution of Australia.[2][3][4][5]
Voting in a referendum is compulsory for those on the electoral roll, in the same way that it is compulsory to vote in a general election. As of 2023, 45 nationwide referendums have been held, only eight of which have been carried. Of those eight, all but one had bi-partisan support.[9][10] Since multiple referendum questions are often asked on the same ballot, there have only been 20 separate occasions that the Australian people have gone to the polls to vote on constitutional amendments—of which 8 have been concurrent with a federal election.[11] There have also been three nationwide non-constitutional plebiscites (two on conscription and one on the national song), and one postal survey (on same-sex marriage).
Section 128 of the Constitution specifies that alterations to the Constitution cannot be made without a public vote.[3][12] A bill containing the amendment must first be passed by both houses of parliament or, in certain limited circumstances, by only one house of parliament. If the bill has only been passed in one house, the governor-general must, under the deadlock provision of section 128, then decide whether or not to submit the referendum to the people. By convention, this is done on the advice of the prime minister. Since the prime minister normally controls the House of Representatives, the effect of this convention is to make it virtually impossible for a referendum to be put to the people if approved by the Senate, but not the House.[13]
If the bill to alter the Constitution is approved by both houses or satisfies the deadlock provision, the bill is submitted to the electors for approval. The referendum is conducted according to the Referendum (Machinery Provisions) Act 1984.[14] If the bill is approved by an absolute majority of both houses, the Constitution provides that it must be submitted to the electors no less than two months but no later than six months after passage.[15] However, this requirement has not always been complied with, with a proposed amendment in 2013 not proceeding to a vote despite the passage of legislation.[16] There is no similar time limitation if the bill is approved by one House of the Commonwealth Parliament only.[13]
To pass a referendum, the bill must ordinarily achieve a double majority: a majority of those voting nationwide, as well as separate majorities in a majority of states (i.e., 4 out of 6 states). This provision, which gives the small Australian states effectively a built-in veto, was one of those constitutional provisions accepted in order for the smaller colonies to agree to Federation.[15] In circumstances where a state is significantly affected by a referendum (such as through an alteration of its borders or through a reduction of its representation), a majority of voters in that state must also agree to the change.[17]
When a referendum question is carried, the amending bill is presented for royal assent by the governor-general.[18]
Territories
Prior to the 1977 referendum, only electors in the six states could vote at a referendum. Since the 1977 amendment was carried, voters of the territories have been eligible to vote in referendums. Territory votes are now counted towards the national total but the territories do not count as states for the purpose of the requirement for a majority of states.[19]
Other aspects
Voting has been compulsory in Australia since 1924.[20]
Non-constitutional plebiscites, are conducted by the government to decide a matter relating to ordinary statute law, an advisory question of policy, or as a prelude to the submission of a formal referendum question, rather than a binding and entrenched alteration (amendment) to the Constitution. Plebiscites can offer a variety of options, rather than a simple yes/no question. Four national plebiscites have been held as of 2017. Unlike in constitutional referendums, voting in previous plebiscites has been optional.[21]
In 1998, the Howard government amended the Flags Act 1953 to require a plebiscite to change the Flag of Australia.[22] There is some debate over whether such legislation is legally enforceable, and a new parliament could simply amend or repeal the legislation at any time.[23][24]
Success rate
Australians have rejected most proposals for constitutional amendments, approving only 8 out of 45 referendums submitted to them since federation. Noting the difficulty of the referendum process, then prime minister Robert Menzies said in 1951: "The truth of the matter is that to get an affirmative vote from the Australian people on a referendum proposal is one of the labours of Hercules."[25]
Of forty-five referendums, there have been five instances – in 1937, twice in 1946, and once each in 1977 and 1984 – where a national Yes vote has been achieved but failed to win a majority of states. In three of these instances, the referendum received a majority in three states. The converse situation, where there is a majority of states but not an overall majority, has not yet occurred.[19]
Apart from 1937, in which Victoria and Queensland were the only two states in favour, only these cases have followed a consistent pattern: a Yes vote in the two most populous states, New South Wales and Victoria, and a No vote in most or all of the other states. The rejection of these referendums was due to the less populous states voting contrary to the most populous states.[19]
A contributing factor to the predominance of the No vote comes from the unwillingness of the Australian voters to extend the powers of the federal government. Although none of the votes was over additional powers over commerce and industry granted to the government, at least two successful referendums can be characterised as giving the Commonwealth more powers: in 1946, the Commonwealth was given power to make laws with respect to a range of health and welfare services; and in 1967, the Commonwealth was given a power to make laws with respect to Indigenous Australians. The government hoped that support for this amendment would encourage electors to vote yes for the second referendum submitted at the same time, which would have abolished the nexus between the numbers of members in each House.[26][27] However, this second law was not approved by the electors.[19]
List of referendums and plebiscites
Each question asked electors to answer "Yes" or "No", except for the national song plebiscite where electors were asked to choose between four songs.[28]
^Queensland is the easiest state to gain majority assent in, with residents assenting to 29 constitutional amendments (the mean state assents to 17 amendments).
^Tasmania is the hardest state to gain majority assent in, with residents assenting to 10 constitutional amendments (the mean state assents to 17 amendments).
In the years leading up to the Federation of Australia in 1901, all six colonies (as the states then were) passed referendums in favour of Federation.[31]
In 1967, voters in north-east New South Wales were asked if they favoured creating a new state in their region. The no vote won, with 54.1% of the formal vote.[33]
In 1978, the Australian Capital Territory voted at a referendum on whether the ACT should be granted self-government. Voters were given the choice of becoming a self-governing territory, a local government or continuing with the Legislative Assembly being an advisory body to the Department of the Capital Territory. 63.75% voted to continue with the then current arrangement.[36] Despite the outcome of the referendum, the Parliament of Australia passed the Australian Capital Territory (Self-Government) Act in 1988 and the ACT became a self-governing territory in 1989.
In 1992, after trialling Daylight Saving in Queensland for a total of three years, a referendum was held, with 54.5% of Queenslanders voting against daylight saving. Regional and rural areas strongly opposed daylight saving, while those in the metropolitan south-east voted in favour of it.[39]
In 1992, a referendum to amend constitutional law in Queensland to extend the maximum parliamentary term from three to four years was defeated by 51.1% to 48.9%.[39]
^Constitution (Cth) s 128 "No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law".
^Bennett, Scott (2003). "The Politics of Constitutional Amendment". Research Paper No. 11 2002–03. Australian Department of the Parliamentary Library. Archived from the original on 17 March 2017. Retrieved 19 October 2021.
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