1. CHANGING THE DIVISION OF LAW-MAKING POWERS UNDER THE CONSTITUTION Constitutional Referendums

2. Changing the Division of Law-Making Powers There are three ways in which the division of law making powers in the Constitution can be changed: a successful referendum, which changes the words in the Constitution High Court interpretation of the Constitution, which changes the meaning of words in the Constitution referral of powers from the states to the Commonwealth Parliament, where law making powers are given to the Commonwealth by the states. Justice & Outcomes 13e ISBN 9780195594201 © Oxford University Press Australia, 20152

3. Process of change by referendum Justice & Outcomes 13e ISBN 9780195594201 © Oxford University Press Australia, 2015 3 Words of the Constitution can only be changed by referendum process (s128)

4. Double Majority Justice & Outcomes 13e ISBN 9780195594201 © Oxford University Press Australia, 2015 4

5. Double Majority Justice & Outcomes 13e ISBN 9780195594201 © Oxford University Press Australia, 2015 5

6. 6 Successful referendums changing the division of power Four referendums have changed the division of law-making power State debts 1910 Extended the power of the Commonwealth Parliament to take over state debts incurred at any time State debts 1928 Gave the Commonwealth Parliament power to set up a Loan Council responsible for allocating monies borrowed by governments Social services 1946 Gave the Commonwealth Parliament power to make laws relating to social services (e.g. widow’s pensions, unemployment, pharmaceutical benefits, sickness and hospital benefits, family allowances) Indigenous people 1967 Enabled the Commonwealth to enact laws for Indigenous people. Removed s127, which prohibited the counting of Indigenous people in the population

7. Factors affecting success of a referendum Justice & Outcomes 13e ISBN 9780195594201 © Oxford University Press Australia, 2015 7 Only 8 out of 44 referendums have been successful Factors affecting likely success of a referendum: Timing – usually timed with an election and so more interest in an election than a referendum Requirement for double majority – very hard to achieve Lack of bipartisan support – people vote according to party lines Confusing information – information given to households beforehand can be lengthy and confusing Voter conservatism – reluctance to change Opposition in the community Erosion of states’ rights High cost of holding a referendum

8. The 1967 Referendum https://www.youtube.com/watch?v=wnrkhT6La8Q Justice & Outcomes 13e ISBN 9780195594201 © Oxford University Press Australia, 2015 8

9. 9 Successful referendum changing the division of power: 1967 referendum

10. Justice & Outcomes 13e ISBN 9780195594201 © Oxford University Press Australia, 2015 10 Evaluation of referendums Strengths People have their say Double majority protects smaller states Protects the Constitution from being easily changed Compulsory vote Weaknesses Distrust and lack of understanding Double majority hard to achieve Voters are generally conservative Normally requires bipartisan support Timing Cost