the 1967 referendum Flashcards
The most successful proposal for constitutional change to date occurred in 1967, when more than
90 per cent of voters in Australia voted in favour of a change in relation to Aboriginal and Torres Strait
Islander peoples. In this topic you will explore the 1967 referendum, its significance, and the ability of
people to change the Australian Constitution.
background
Until 1967, the Australian Constitution did not give the Commonwealth the power to legislate for First
Nations people or to include First Nations people in national censuses. Rather, the Constitution gave the
Commonwealth the power to make laws in relation to any race, other than ‘the Aboriginal race’. Section 51
(xxvi), known as the ‘race power’. This meant that law-making in relation to Aboriginal and Torres Strait Islander peoples was left to
the states.
In addition, section 127 of the Australian Constitution provided that First Nations peoples were not
to be counted in national censuses.
The Australian Constitution – section 51(xxvi)
Legislative Powers of the Parliament
The Parliament shall, subject to this Constitution, have power to make laws for the
peace, order and good government of the Commonwealth with respect to … the people of
any race, other than the aboriginal race in any State, for whom it is deemed necessary to
make special laws.’
The Australian Constitution – section 127
Aborigines not to be counted in reckoning population
In reckoning the numbers of people of the Commonwealth, or of a State or other part of
the Commonwealth, aboriginal natives shall not be counted.
- Many First Nations people and non-Indigenous individuals viewed existing constitutional provisions as unfair and obstructive to effective policymaking for Aboriginal affairs.
- The 1960s saw increased pressure for better protection of Aboriginal rights and for the Commonwealth to legislate on Aboriginal and Torres Strait Islander issues.
- In 1967, a proposal was made to amend the Constitution to eliminate barriers affecting Aboriginal people.
- The Coalition government, under Prime Minister Harold Holt, introduced the Commonwealth Alteration (Aboriginals) 1967 (Cth) to the Commonwealth Parliament.
- The amendment was passed unanimously, reflecting a significant shift in political support for Aboriginal rights.
The 1967 referendum proposal
- In 1967, two proposals were presented to voters for constitutional change.
- One proposal focused on altering the members of the House of Representatives, while the other addressed Aboriginal people.
- The specific question for voters regarding Aboriginal people was:
“DO YOU APPROVE the proposed law for the alteration of the Constitution entitled— ‘An Act to alter the Constitution so as to omit certain words relating to the People of the Aboriginal Race in any State and so that Aboriginals are to be counted in reckoning the Population’?” - A ‘yes’ vote would have resulted in the amendment of section 51(xxvi) by removing the phrase “other than the Aboriginal race in any State” and completely repealing section 127.
- This change would have made the power to legislate concerning First Nations people a concurrent power, rather than a residual power.
- There was no formal ‘no’ case against the proposal because it enjoyed support from all political parties and was passed unanimously in parliament.
Referendum results
- The 1967 referendum received overwhelming support, with 90.77% of voters in favor and only 9.23% against.
- It was held concurrently with another referendum about increasing the numbers in the House of Representatives, which was unsuccessful.
- This referendum achieved the highest ‘yes’ vote to date, reflecting a community sentiment for reconciliation with First Nations peoples.
- Notably, Western Australia, which has the largest First Nations population percentage, recorded the highest ‘no’ vote at 19.05%.
- The success of the referendum was largely driven by grassroots support from the people.
- It empowered the Commonwealth Parliament to legislate for First Nations people in states and territories and included them in national censuses.
- The amendment altered Section 51(xxvi) of the Constitution and deleted Section 127.
The Australian Constitution
Section 51(xxvi) Legislative Powers of the Parliament
After the 1967 change
S51(xxvi) The Parliament shall, subject to this Constitution, have power to make laws
for the peace, order and good government of the Commonwealth with respect to … the
people of any race, other than the aboriginal race in any State, for whom it is deemed
necessary to make special laws;
S127 Aborigines not to be counted in reckoning population
In reckoning the numbers of people of the Commonwealth, or of a State or other part of
the Commonwealth, aboriginal natives shall not be counted.
The significance of the 1967 referendum
- The 1967 referendum allowed the Commonwealth Parliament to legislate specifically for First Nations people, an area previously restricted under residual powers.
- The amendment transformed the ‘race power’ into a concurrent power, arguably increasing the Commonwealth’s law-making capabilities.
- It enabled the Commonwealth to direct government spending towards First Nations affairs.
- Initially, the Commonwealth took little action in this area for five years, but the reform was a crucial step towards better engagement with First Nations needs.
- The referendum raised awareness about the rights and welfare of First Nations people, emphasizing anti-discrimination, reconciliation, and addressing disparities between Indigenous and non-Indigenous Australians.
- It symbolically recognized First Nations peoples, bringing their issues to the forefront of national discourse.
- The outcome illustrated the power of the public to influence key constitutional changes, particularly regarding social and human rights issues.
- Much of the 1967 debate focused on the importance of including First Nations people in the national census and the benefits of legislative support for their evolving needs.
- The strong support across all states and at the national level demonstrated the significance of the referendum process in reflecting public values and opinions in constitutional amendments.
For example
- the Commonwealth Parliament was able to use its powers to override laws that were racially
discriminatory. For example, it passed legislation in 1975 that overrode Queensland laws that treated
Aboriginal people differently from others - it allowed the Commonwealth to legislate in relation to land rights, and eventually led to the passing
of the Native Title Act 1993 (Cth), which allowed First Nations people to claim land rights - the formal inclusion of First Nations people in the national census enabled the Commonwealth to
make informed decisions about policies based on population, and distribute Commonwealth funds
based on that population.
explanation points
- In 1967, a referendum was put to the people about whether to
change the Australian Constitution in relation to Aboriginal people.
More specifically, the change would have resulted in allowing the
Commonwealth to make laws about First Nations people (when it
otherwise did not have this head of power), and would have allowed First
Nations people to be formally counted in the national census. - The proposed change was unanimously passed in the Commonwealth
Parliament. - The 1967 referendum achieved the double majority requirement, with an
overwhelming number of voters voting in favour, and a majority of voters
in all states voting in favour of both proposals for change. - The 1967 referendum outcome led to a key reform that allowed the
Commonwealth to legislate in an area that was once a residual power,
that is, for First Nations people. - The outcome of the referendum also allowed First Nations people to be
formally counted in the national census as part of the population.
discussion points
- The overwhelming support for the 1967 referendum may have stemmed from the proposal being perceived as a “people’s movement,” reflecting decades of advocacy by First Nations people against discriminatory constitutional provisions.
- If the proposal had been perceived as politically driven without grassroots support, there may have been less public willingness to endorse it due to distrust in politicians.
- The high level of support from voters across states signaled to the Commonwealth the need to address inconsistencies in state laws regarding First Nations people.
- Despite this support, the Commonwealth took little action in the area of First Nations affairs for some time, highlighting the limitations of public voting power in enforcing legislative change.
- The unanimous support in parliament meant there was no opposing ‘no’ campaign, providing a unified message that likely contributed to the referendum’s success. Lack of bipartisan support could have altered the outcome.
- Following the referendum, the Commonwealth passed significant legislation, including the Native Title Act 1993 (Cth), allowing First Nations people to claim land rights and override discriminatory state laws.
- The simultaneous proposal to increase House of Representatives members failed, demonstrating that voters can support one change while rejecting another, indicating their ability to evaluate multiple issues independently during a referendum.
