future constitutional reform

Answer 1

• As of mid-2023, the last referendum in Australia occurred in 1999, with the last successful referendum dating back to 1977, meaning the Constitution hadn’t changed in 46 years.
• There have been calls for constitutional change since 1999, citing various reasons for reform.
• Proposals for change include:
  
  • Recognizing local governments in the Constitution to formalize their role.
  • Abolishing the ‘race power,’ which allows for laws based on race, to promote equality.
  • Extending the term of the Commonwealth Parliament from three years to four years for stability and continuity.

Question 2

Establishing a First Nations Voice

Answer 2

• First Nations people have long advocated for their inclusion in decision-making processes and laws that affect their rights and interests.
• Advocacy efforts have included petitions and letters to national and state leaders seeking political representation for First Nations individuals, such as:
  
  • Reserving seats in parliament for First Nations representatives.
  • Establishing a national First Nations representative body.
• Despite past commitments to recognize First Nations people formally, constitutional recognition remains unresolved.
• In 2017, the Referendum Council was established, leading to a unified national position among First Nations people regarding constitutional recognition.

Question 3

Referendum Council

Answer 3

• In December 2015, a 16-member Referendum Council was established by then-Prime Minister Malcolm Turnbull and then-Opposition Leader Bill Shorten.
• The Council’s purpose was to advise on the next steps for a successful referendum to recognize First Nations people in the Australian Constitution.
• The Council built on previous work, including an expert panel report from 2012 that examined constitutional recognition.
• Between December 2016 and May 2017, the Referendum Council held regional Dialogues across Australia.
• The Dialogues were invitation-only meetings for First Nations people to discuss potential constitutional reforms, with:
  
  • Capped attendance of 100 participants per meeting.
  • 60% of places reserved for representatives from First Nations/traditional owner groups.
• The National Constitution Convention took place at Uluru from 23 to 26 May 2017, where the Uluru Statement from the Heart was declared.

Question 4

Uluru Statement from the Heart

Answer 4

• For the National Constitutional Convention, the Referendum Council produced a summary of the Dialogues titled ‘Our Story’, which highlighted key themes from the discussions.
• The Convention aimed to consolidate the outcomes of the Dialogues and achieve consensus on potential constitutional reforms.
• Ten guiding principles were established based on the feedback from the Dialogues.
• The Uluru Statement from the Heart was drafted and released on 26 May 2017 as a result of the Convention.
• Professor Megan Davis, a Council member and Cobble Cobble woman, delivered the first reading of the statement at the conclusion of the Convention.

Question 5

Our story

Answer 5

Our First Nations are extraordinarily diverse cultures, living in an astounding array
of environments, multi-lingual across many hundreds of languages and dialects. The
continent was occupied by our people and the footprints of our ancestors traversed
the entire landscape. Our songlines covered vast distances, uniting peoples in shared
stories and religion. The entire land and seascape is named, and the cultural memory of
our old people is written there.
This rich diversity of our origins was eventually ruptured by colonisation. Violent
dispossession and the struggle to survive a relentless inhumanity has marked our
common history. The First Nations Regional Dialogues on constitutional reform bore
witness to our shared stories.
All stories start with our Law.

Question 6

The Uluru Statement contains the following two broad objectives

Answer 6

• Constitutionally Entrenched Voice to Parliament
  
  • A First Nations representative body providing advice to the Commonwealth on laws and policies affecting First Nations people.
  • Composed of First Nations individuals, separate from Parliament, representing communities across remote, rural, and urban areas.
• Makarrata Commission
  
  • Established to oversee agreement-making between governments and First Nations, and to facilitate truth-telling about First Nations history.
  • The term ‘Makarrata’ is from the Yolngu language, symbolizing the coming together of two parties after conflict, focusing on healing past divisions.
• Treaty and Truth-Telling
  
  • A Treaty would legally acknowledge First Nations people’s cultural rights and interests.
  • Australia is the only Commonwealth nation without a treaty with its First Nations peoples.
  • Truth-telling aims to uncover Australia’s true history and its ongoing impacts, promoting healing and reconciliation.

Question 7

Reasons for a Voice to Parliament

Answer 7

• Purpose of the Voice to Parliament
  
  • Aims to provide a platform for First Nations voices to be heard by Parliament, enhancing the quality of programs and outcomes in First Nations affairs.
  • While non-legally binding, it ensures First Nations opinions are considered on significant matters impacting their well-being.
  • The 1967 referendum allowed the Commonwealth to legislate for First Nations people but did not grant them a voice in the decision-making process. As stated in the Uluru Statement: “In 1967 we were counted; in 2017 we seek to be heard.”
• Representative Legitimacy
  
  • The Voice would have legitimacy across First Nations communities in Australia, ensuring that it is not perceived as a ‘handpicked’ body.
• Constitutional Enshrinement
  
  • Enshrining the Voice in the Constitution would protect it from being easily dissolved due to changes in government or political priorities, providing a guaranteed and constant voice for First Nations peoples now and in the future.
• Empowerment and Self-Determination
  
  • The Voice would empower First Nations communities, promoting self-determination and genuine engagement in processes that affect them.
• Legislative Progress
  
  • On 19 June 2023, the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 was passed by both Commonwealth Houses of Parliament.
  • In accordance with section 128 of the Constitution, a referendum must be held by mid-December 2023 to allow Australian voters to decide on including a First Nations Voice in the Constitution by inserting a new section 129.

Question 8

Chapter IX—Recognition of Aboriginal and Torres Strait
Islander Peoples
129 Aboriginal and Torres Strait Islander Voice

Answer 8

In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of
Australia:
(i) there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;
(ii) the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and
the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres
Strait Islander peoples;
(iii) the Parliament shall, subject to this Constitution, have power to make laws with respect to
matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition,
functions, powers and procedures.

Question 9

Becoming a republic

Answer 9

• Republic Debate Resurgence
  
  • In recent years, discussions about Australia potentially becoming a republic have re-emerged at a national level.
• Appointment of Assistant Minister
  
  • In 2022, following the federal election that brought the Australian Labor Party (ALP) to power, the Commonwealth Government appointed an Assistant Minister for the Republic.
  • This appointment led to speculation regarding Prime Minister Anthony Albanese’s intentions to pursue a referendum on transitioning to a republic.
• Prioritization of First Nations Voice
  
  • Prime Minister Albanese emphasised that any plans for a referendum on becoming a republic would be contingent upon first conducting a referendum regarding the First Nations Voice in Parliament.

Question 10

The model for a republic

Answer 10

• Consideration for a Republic Referendum
  
  • If the government opts to take the republic proposal to a referendum, it must decide on the best model for selecting an Australian head of state.
• Public Opinion
  
  • Surveys indicate that a majority of Australians support the idea of becoming a republic. However, there is a divide in opinions regarding the selection process for the head of state.
• Australian Republic Movement (ARM) Proposal
  
  • The ARM, which was active during the 1999 referendum, has proposed a new model for a republic that differs from what was considered then.
  • Under this proposal:
    
    • Each state parliament would select a candidate for the head of state.
    • The federal parliament would also select a candidate for the head of state.
    • Following these selections, the public would vote for their preferred candidate.

Question 11

explanation points

Answer 11

• Possible reforms to the Australian Constitution include establishing a First Nations Voice to Parliament and becoming a republic.
• A Voice to Parliament would be a constitutionally entrenched advisory body advising the Commonwealth on laws affecting First Nations people.
• The Voice was recommended following the National Constitutional Convention at Uluru in May 2017 and would consist of First Nations people, separate from Parliament.
• Becoming a republic would remove the King of England as Australia’s head of state.
• The Australian Government has stated that a referendum on the republic will not occur before the one on enshrining a First Nations Voice in the Constitution.

Question 12

discussion points

Answer 12

• Changing the wording of the Constitution under section 128 is difficult to achieve, despite support for proposals like the Voice to Parliament and becoming a republic.
• Various factors influence the success of constitutional reform, including:
  
  • Bipartisan support
  • Presence of a strong ‘no’ case
  • Whether the movement is grassroots or politician-driven
  • Effectiveness of the education campaign
• The Voice to Parliament is largely driven by the people, with the Uluru Statement from the Heart being created by First Nations people and supported by non-Indigenous Australians.
• Constitutional recognition of First Nations people has been promised but remains unachieved.
• Australian voters must wait for the Commonwealth Government to initiate the referendum process, as they cannot change the Constitution independently.
• Voters can influence the government by using methods such as petitions to advocate for constitutional changes.