Lyla Lindsey
The Australian Constitution has been amended eight times since it came into being in 1901. The only way to change the Australian Constitution is through referendums, which have been held 44 times since 1901. The eight approved changes to the Constitution include amendments to sections 13, 105, 51(xxiiiA), 51(xxvi), and 105A, as well as the inclusion of Indigenous Australians in the population count and the ability for the Commonwealth to make laws for them. There are ongoing debates about further changes, including the recognition of Indigenous Australians in a preamble, proposals for an Australian republic, and the establishment of an Indigenous Voice to Parliament.
| Characteristics | Values |
|---|---|
| Number of referendums held to change the Constitution | 44 |
| Number of successful referendums | 8 |
| Year of the first successful referendum | 1906 |
| Number of voters who voted 'Yes' in the 1967 referendum | 90.77% |
| Number of states with a majority 'Yes' vote in the 1967 referendum | 6 |
| Type of change proposed in the 1967 referendum | Counting Aboriginal and Torres Strait Islander peoples as part of the population and allowing the Commonwealth to make laws for them |
| Current debates on changes to the Constitution | Inclusion of a preamble, proposals for an Australian republic, formal recognition of Indigenous Australians |
| Requirements for a successful referendum | Double majority vote: majority of voters in a majority of states (at least 4 out of 6 states) and a national majority of voters (more than 50%) |
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What You'll Learn
Recognising Indigenous Australians
The Australian Constitution does not recognise Aboriginal and Torres Strait Islander peoples. However, there have been several proposals and attempts to change this.
In 1967, the Australian people agreed in a referendum to modify section 51 (xxvi) of the Constitution, which had prevented the Australian Parliament from making laws for Aboriginal and Torres Strait Islander peoples. This change also allowed Aboriginal and Torres Strait Islander peoples to be counted as part of the national population. However, this did not introduce new wording that recognised Aboriginal and Torres Strait Islander peoples in any context or grant them the right to vote in elections. The right to vote had been granted earlier by Commonwealth legislation in 1962.
In 1992, the high court decision, Mabo (no 2) overturned the notion of 'terra nullius' (unoccupied land prior to colonisation) and recognised the past and continuing relationship Aboriginal and Torres Strait Islander people have to Australian land.
In 2010, the federal government established an Expert Panel to inquire into changing the federal Constitution so that Australia's Indigenous peoples would be recognised in it. The idea to include Aboriginal and Torres Strait Islander peoples in the Constitution was put on the national political agenda in 2010 by then-Labor Party leader Julia Gillard during the federal election campaign.
In 2017, the Uluru Statement from the Heart was released by Indigenous leaders, which called for the establishment of an Indigenous Voice to Parliament as their preferred form of recognition. The statement recommended deliberate structural reform, setting out three steps to achieve this, in a way that recognises First Nations sovereignty and overcomes their current powerlessness. The three steps were: a national representative body with the power to advise parliament on laws that affect Indigenous peoples (Voice); a "'Makarrata Commission' to supervise a process of agreement-making (Treaty) between governments and First Nations; and a public truth-telling process (Truth) about Australia's history.
In 2023, the Australian Electoral Commission (AEC) held a referendum asking Australians whether the Constitution should be changed to include a recognition of the First Peoples of Australia by establishing an Indigenous Voice to Parliament. This proposal was heavily defeated.
Changing the Australian Constitution to recognise Indigenous Australians has profound symbolic value. It would also build stronger relationships of trust and mutual respect between Aboriginal and Torres Strait Islander peoples and other Australians.
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Changing the preamble
The Australian Constitution has been amended eight times since its inception in 1900. However, there have been ongoing debates about further changes, including the inclusion of a preamble recognising the Indigenous Australians. The current preamble was drafted during the 1897-8 constitutional conventions and has been criticised for not reflecting the modern values of Australians.
Since the 1980s, there have been increasing calls to change or replace the preamble. A proposal for a new preamble was drafted by then-Prime Minister John Howard with the assistance of poet Les Murray. However, this proposal was heavily criticised and ultimately defeated in a 1999 referendum. Opponents of the new preamble raised concerns about the justiciability of the document and the inclusion of human rights guarantees.
The proposed preamble aimed to recognise the special place of Indigenous Australians in the nation and reflect universal values that Australians are committed to. It was also suggested that the preamble could end with words of local enactment, such as "We the Australian people commit ourselves to this Constitution". This would confirm that the constitution derives its authority from the Australian people rather than the UK.
In February 2020, Prime Minister Scott Morrison reinforced the work of the Referendum Council, rejecting symbolic recognition of Indigenous Australians and supporting a voice co-designed by Aboriginal and Torres Strait Islander people. The Australian Electoral Commission will hold a referendum in late 2023 to ask Australians whether the Constitution should be changed to include recognition of the First Peoples of Australia by establishing an Indigenous Voice to Parliament.
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Becoming a republic
The Australian Constitution has been amended only eight times since its ratification in 1900. Becoming a republic has been a topic of debate in Australia for many years. The country remains a constitutional monarchy, with King Charles III as its head of state.
In 1993, Prime Minister Paul Keating promised a referendum on the establishment of a republic, which was held on 6 November 1999. The referendum proposed replacing the Governor-General with a president, removing references to the Australian sovereign, and inserting a preamble. However, the referendum did not pass, with 55% of electors voting 'no' to the proposed amendment.
Since then, there have been ongoing discussions and proposals for Australia to become a republic. Several prominent politicians, including Prime Minister Julia Gillard, Governor-General Quentin Bryce, and Opposition Leader Bill Shorten, have expressed support for the idea of an Australian republic. In 2015, Shorten stated that if the Labor Party were elected in the 2019 federal election, they would legislate for a compulsory plebiscite on the issue. However, the Labor Party did not win the 2019 election, and the issue of becoming a republic has not been a priority for the current government.
In 2024, the Australian government put on hold a proposal to hold a vote on removing King Charles III as the country's head of state, with a minister stating that it was “not a priority” and that there was “no timeline” for such a vote. Despite this, the governing Labor Party still intends to pursue the republic agenda in the longer term. The Australian Republic Movement has been campaigning for Australia to elect a local as their head of state, and they continue to advocate for a republic, even as they express respect for the role the royals have played in the nation's history.
While there is no set timeline for a referendum on becoming a republic, the issue remains a subject of ongoing debate in Australia, with many calling for the country to break away from the UK Royal Family and elect a head of state chosen by Australians.
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The 1967 referendum
The Australian Constitution, which came into effect on January 1, 1901, is a living document that can be changed through referendums. Since 1901, there have been 44 referendums proposing 45 changes to the Constitution, out of which only eight changes have been approved. One of the most notable referendums was the 1967 referendum, which sought to amend the Constitution to include Aboriginal and Torres Strait Islander peoples.
Section 127 was also amended to remove discriminatory content from the Constitution that specifically targeted Aboriginal and Torres Strait Islander peoples. The success of the 1967 referendum was a significant victory, with 90.77% of Australian voters voting 'Yes' to the changes. This high level of support demonstrated a shift in the mindset of non-Indigenous Australians and opened up opportunities for First Nations Australians to have a stronger voice and presence in the country.
While the 1967 referendum was a pivotal moment in recognising the rights of Aboriginal and Torres Strait Islander peoples, it is important to note that it did not grant them the right to vote. That right had already been legislated for Commonwealth elections in 1962, with Queensland being the last state to provide Indigenous enfranchisement in 1965. However, compulsory voting for Aboriginal and Torres Strait Islander peoples was not implemented until they were required to register on the electoral roll in 1984.
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The 2023 referendum
The Australian Constitution, which sets out the laws of the country, has been amended only eight times since 1901, despite 44 nation-wide referendums proposing changes. The Australian Electoral Commission (AEC) will hold another referendum in late 2023, which will ask Australians whether the Constitution should be changed to include a recognition of the First Peoples of Australia by establishing an Indigenous Voice to Parliament.
For the 2023 referendum to be successful and the alteration to the Constitution to be passed, a double majority vote must be achieved. This means that a majority of voters in at least four of the six states, as well as a national majority of voters (more than 50% overall), must vote 'Yes' to the changes. If the double majority is achieved, the proposed alteration will be presented to the Governor-General for the Queen's assent.
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Frequently asked questions
Yes, the Australian Constitution has been changed eight times since its inception in 1901.
The Australian Constitution can only be changed through a referendum. For a referendum to be successful, a ''double majority' vote must be achieved, which entails a majority of voters in at least four out of six states, as well as a national majority of voters (over 50%).
Notable changes include the 1967 referendum, which amended the Constitution to include Aboriginal and Torres Strait Islander peoples as part of the population and allowed the Commonwealth to make laws for them. Other changes have addressed Senate elections, state debts, social services, and more.
Yes, there are ongoing debates and proposals regarding changes to the Australian Constitution. These include discussions on including a preamble, recognizing Indigenous Australians, and proposals for an Australian republic. A referendum was held in late 2023 to include an Indigenous Voice to Parliament.
