Make Your Vote Count

The Electoral Process

How do we change a part of the Constitution?

Under s.128 of the Constitution, any proposed law to change the Constitution must be passed by an absolute majority by both houses of the Commonwealth Parliament. If passed by both Houses of Parliament, it is put to the direct vote of the entire Australian electorate.

A referendum is a question or series of questions which are put to Australian electors proposing certain changes to the Constitution. However, any proposed change to the Constitution must be approved by a double majority. That is, a national majority in the states and territories and a majority of electors in a majority of states or at least four out of six states.

Voting in referendums is compulsory. Voters have to write either YES or NO in the box opposite each question on the buff-coloured ballot paper. Since Federation, only 8 out of 42 proposals to change the Constitution have been approved.

These are:

1. 1906 - Senate elections
2. 1910 - State debts
3. 1928 - State Debts
4. 1946 - Social Services
5. 1967 - Aborgines
6. 1977 - Senate Casual Vacancies, Territory Voting in Referendums, Retirement of Judges

'The 1967 Referendum

Date Held Saturday 27 May 1967.

What Was It About?

The referendum proposal was composed of 2 parts:

1. A proposal to delete discriminatory wording in Section 127 of the Australian Constitution, thus allowing Aborigines and Torres Strait Islanders to be counted in the national Census:

   Section 127 (now deleted):

   "In reckoning the numbers of the people of the Commonwealth, or of a state or other part of the Commonwealth, aboriginal natives shall not be counted."

2. A proposal to give the Federal Government powers to make laws on behalf of Aborigines and (by implication) Torres Strait Islanders.

   Powers of Parliament; Section 51, Clause (xxvi), now altered:

   The people of any race, other than the aboriginal race in any State for whom it is deemed necessary to make special laws"...

Result

The referendum to amend the Constitution is the most successful in Australia's Constitutional history. 90.77% of the voter population voted YES and All States were in favor.

Before 1967 the States had exclusive powers to make laws for Aborigines within their Territory. After 1967 both the States and the Commonwealth had that power. If the Commonwealth and the States were in conflict with each other, the Commonwealth's will would prevail.

The 1967 Referendum Did Not Give Aborigines And Torres Strait Islanders The Vote:

A common misconception regarding the 1967 referendum was that it gave Aborigines and Torres Strait Islanders the right to enrol and vote. In fact Aborigines and Torres Strait Islanders could enrol in 1962. Once enrolled it became compulsory to vote. Compulsory enrolment and voting for Aborigines and Torres Strait Islanders came in 1984.'

'Voting isn't a Waste of Time' graphic - Commonwealth of Australia copyright reproduced by permission. Designed by Rex Murray.

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