Constitutional reform: FAQs - Towards a successful referendum

1. About the Australian Constitution
2. Why reform of the Constitution is needed
3. The benefits of reforming the Constitution
4. Towards a successful referendum
   
   • Is Australia ready to vote yes?
   • What can be learned from past referendums?
   • What is the Expert Panel on Constitutional recognition of Indigenous Australians?

Towards a successful referendum

Is Australia ready to vote yes?

Current interest in constitutional reform builds on the growing awareness around Aboriginal and Torres Strait Islander peoples and issues by all Australians. Ten years ago, the Council for Aboriginal Reconciliation identified constitutional reform as unfinished business of the reconciliation agenda, calling for a referendum.

Recent events like the Reconciliation March in the year 2000, the National Apology in 2008, the Australian Government support for the UN Declaration on the Rights of Indigenous Peoples, the formal recognition of Aboriginal and Torres Strait Islander peoples in several state constitutions, and widespread campaigns on Indigenous health have shown that Australians are standing up in support of Aboriginal and Torres Strait Islander peoples.

At the federal level, bipartisan support for amending the Constitution has been maintained since 2007.^[4] Bipartisan support was reaffirmed by both major parties as election commitments in the federal election held in August 2010.^[5]

Australians are increasingly supportive of the opportunity to build positive relationships through constitutional reform. Key findings of Reconciliation Australia’s recent Reconciliation Barometer indicate over 85% of Australians believe the Indigenous and non-Indigenous relationship is important. Further, a newspoll survey found that 75 per cent of Australians support constitutional reform to recognise Aboriginal and Torres Strait Islander Australians.^[6]

Despite this, the 2009 National Human Rights Consultation highlighted a general lack of understanding by the Australian public of the nation’s political and legal system, constitution and referendum processes.^[7] Because of this, a widespread education and consultation campaign will be imperative to achieving a successful referendum.^[8]

What can be learned from past referendums?

There have been 44 referendums held since 1901 and only eight of these have been successful. The most successful referendum in Australia’s history was in 1967^[9] where 90.77% of the nation came together in support of Indigenous rights.^[10] This is in stark contrast to the 1999 referendum which proposed to alter the Constitution so that Australia became a republic^[11] and insert a new preamble.^[12] The debate was characterised by political disunity and failed to capture the public’s imagination, the result was a no vote for both amendments.

The history of referendums in Australia shows that the Expert Panel must work to ensure that:

• bipartisan support is maintained
• popular ownership is gained
• there is extensive popular education.

What is the Expert Panel on Constitutional recognition of Indigenous Australians?

The Australian Government has established the Expert Panel on Constitutional recognition of Indigenous Australians. The Expert Panel consists of a range of respected and accomplished individuals, including Indigenous and community leaders, constitutional experts and parliamentary members. The Panel will be co-chaired by Professor Patrick Dodson and Mr Mark Leibler AC. The Aboriginal and Torres
Strait Islander Social Justice Commission, Mick Gooda, is a member of the Expert Panel.

The Expert Panel will lead a broad national consultation and community engagement program to seek the views of a wide spectrum of the community, including from those who live in rural and regional areas and will report its findings to the Australian Government by December 2011.

For more information on the Expert Panel see http://www.fahcsia.gov.au/sa/indigenous/progserv/engagement/Pages/constitutional_recognition.aspx

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