Diverse Groups and Individuals in the Australian Community and the Constitution Flashcards
What was the composition of Australia’s non-Indigenous population at the time of Federation?
90% irish-catholic
How were rights assumed to be protected at the time of Federation?
residual powers would ensure the states retained the right to create and protect rights.
This failed to address the rights and needs of many individuals and groups.
Were Indigenous Australians formally recognised in the constitution upon federation?
No, and there were no Aboriginal delegates at the conventions
Is the Constitution a rights document?
No
Where were Indigenous Australians mentioned in the Constitution at the time of federation?
- Section 51 (xxvi)
- Section 127
What are the 4 main problems with the constitution for Indigenous Australians?
- S51 (xxvi)
- S 127
- S 25
- The preamble
What is S 51 (xxvi) of the Constitution?
The Race Power which made Indigenous affairs a prohibited power of the commonwealth and therefore a residual power of the states.
What was the consequence of making the ‘race power’ a residual power?
The blatant racism of S51 (xxvi) was not necessarily intended. However, it meant that states could deny Indigenous people access to their civil and political rights/
What were the original intentions behind S51(xxvi) (race power)?
It was designed to give the Commonwealth power to control ‘alien races’, particularly Chinese people.
It was not intended to be discriminatory towards Aboriginal peoples, however the states did very little to assist Aboriginal Australians.
What is the original wording of s127 of the Constitution?
‘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’
What is the rationale for section 127 of the Constitution?
- Original reason was discriminatory.
- Intended to read in conjunction with s24 which determined the number of elected representatives each state would have in the Lower House. The framers did not want states with large Indigenous populations to gain additional members in the House at the expense of the other states.
- Parliament also used this section when deciding financial grants for each state, which were calculated per capita.
Was there concern about S127 when the constitution was being drafted?
Yes, there was concern that the wording of Section 127 would prevent Indigenous people from voting in federal elections.
Dr Cockburn, progressive politician and supporter of the women’s suffragette movement expressed concern in relation to this.
Sir Alfred Deakin reassured him that this was not what the section was intended to achieve.
When did Indigenous people get the right to vote?
Many people believe that the 1967 gave Indigenous people the right to vote. This is incorrect.
Indigenous people were actually given the right to vote in May 1962, as a result of the Commonwealth Electoral Act 1962 (Cth).
The Commonwealth Electoral Act 1962 (Cth). allowed all Aboriginal and Torres Strait islanders the right to vote at Federal election.
What were the rules around Indigenous people voting before the Commonwealth Electoral Act 1962?
Prior to this different states had different laws concerning the rights of Indigenous people to vote in state elections.
Is voting compulsory for all Indigenous Australians?
Voting became compulsory for all Indigenous Australians in 1983 with the Commonwealth Electoral Amendment Act, 1983 (Cth) requiring all Indigenous Australians to enrol.
What was an issue that Indigenous Australians had in regards to funding prior to the 1967 referendum?
Federal government funding was only available for the country’s non-Indigenous population.
States could only offer very limited services to Indigenous communities.
What was the result of the 1967 referendum?
A decade of campaigning for Aboriginal rights and the absence of a ‘No’ campaign resulted in the highest ever ‘yes’ vote at a referendum.
90.77 percent of Australians voted in favor of changing these sections of the constitution, believing that it signified the end of racial discrimination.
What were the effect of the 1967 changes on the constitution?
Sec 51 (xxvi):
- The words “…other than the aboriginal people in any state…” were removed giving federal parliament the power to make laws in relation to Indigenous people (became a concurrent power)
Sec 127:
- Whole of section 127 was removed allowing for Indigenous people to be included in the census.
What was the rationale behind changing sec 51 (xxvi)?
Consistency:
- Making laws for Indigenous people was the responsibility of the states, and laws varied greatly from state to state. For example, Indigenous Australians could own property in New South Wales and South Australia but not in other states.
Improvements for Aboriginal People:
- Advocates for the Referendum believed that if federal parliament was granted the power to legislate for Indigenous people, it would act in their best interests, leading to better conditions for Indigenous people.
What are some common misconceptions about the 1967 Referendum?
- That it provided Indigenous peoples the right to vote
- That it provided citizenship rights
- That it guaranteed equal rights
