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Australia has a long history of excluding Indigenous people from the voting process. While Indigenous men were technically allowed to vote as British subjects, various pieces of legislation prevented them from doing so in practice. In 1962, the Menzies government amended the Commonwealth Electoral Act to give Indigenous people the right to enrol and vote in Commonwealth elections, but enrolment was not compulsory. It wasn't until 1984 that Indigenous people were required to enrol and vote in elections, finally achieving political equality with other Australians. Despite these legal changes, Indigenous Australians continue to face discrimination and socio-economic disadvantages. In 2023, Australians rejected a proposal to recognise Aboriginal people in the country's constitution and establish a body to advise parliament on Indigenous issues, demonstrating the ongoing struggle for reconciliation and recognition.
| Characteristics | Values |
|---|---|
| First Nations people were granted the right to vote | 1962 |
| First Nations people gained full equality with other electors | 1984 |
| First Nations people were granted the right to enrol and vote as electors of the Commonwealth | 1962 |
| First Nations people were granted the right to enrol and vote in federal elections | 1962 |
| First Nations people were granted the right to enrol and vote in Commonwealth elections | 1962 |
| First Nations people were granted the right to vote in state elections | 1962 |
| First Nations people were granted the right to be recognised in the Constitution | Rejected in 2023 |
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What You'll Learn
- The Commonwealth Electoral Act 1962 granted Indigenous Australians voting rights
- Voting inequality continued until the Commonwealth Electoral Amendment Act 1983
- Queensland was the last state to grant Indigenous Australians voting rights in 1965
- Indigenous Australians were not recognised in the Constitution until 1967
- A 2023 referendum to recognise Indigenous Australians in the Constitution failed
The Commonwealth Electoral Act 1962 granted Indigenous Australians voting rights
The Commonwealth Electoral Act 1962, which received assent on 21 May 1962, granted Indigenous Australians the right to enrol and vote in federal elections. This was a significant milestone in the fight for Indigenous voting rights in Australia, as it gave all First Nations people the option to participate in the democratic process at the federal level. However, it is important to note that enrolment was not compulsory for Indigenous Australians, unlike their non-Indigenous counterparts. This meant that while they had the right to vote, they were not required to register and participate in elections.
Prior to the Commonwealth Electoral Act 1962, the right of Indigenous Australians to vote was often linked to state legislation, resulting in a fragmented and inconsistent approach across the country. In some states, such as Queensland, Western Australia, and the Northern Territory, discriminatory laws were enacted, explicitly denying Indigenous people the right to vote. In other states, various regulatory barriers and eligibility criteria prevented Indigenous Australians from effectively exercising their voting rights. For example, in New South Wales between 1858 and 1926, individuals receiving aid from "any public charitable institution", including those living in Aboriginal reserves, were disqualified from voting.
The 1962 Act was a crucial step towards addressing these injustices and dismantling discriminatory practices. It was influenced by the growing momentum of civil rights movements in countries like the United States and South Africa, as well as the advocacy of Indigenous activists and organisations such as the Federal Council for Aboriginal Advancement (FCAA). The Act carried forward the central recommendation of a select committee established in 1961, which found that approximately 30,000 Aboriginal and Torres Strait Islander people had been denied the right to vote due to discriminatory legislation.
While the Commonwealth Electoral Act 1962 represented a significant advancement, it did not immediately lead to full equality for Indigenous voters. It was not until 1984, with the Commonwealth Electoral Amendment Act 1983, that Indigenous Australians gained full equality with other electors. This Act removed the distinction based on race in the electoral system and made enrolment compulsory for all Australians, including Indigenous citizens.
It is worth noting that even before the Commonwealth Electoral Act 1962, there were some instances of Indigenous Australians being able to vote. In the 1850s, under the constitutions of Victoria, New South Wales, and South Australia, First Nations men had the same voting rights as other male British subjects over the age of 21. However, these rights were later restricted or revoked in some states, and it was not until the Act of 1962 that a more comprehensive and inclusive framework was established.
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Voting inequality continued until the Commonwealth Electoral Amendment Act 1983
The right to vote for Indigenous Australians was a long and arduous journey. Before the Commonwealth of Australia Constitution Act 1900, each colony of Australia could pass its own legislation concerning the enfranchisement of Indigenous Australians. This led to a disparity in voting rights for Indigenous people, as their ability to vote depended on the colony in which they resided.
In the 1850s, under the constitutions of Victoria, New South Wales, and South Australia, Indigenous men had the same right to vote as other male British subjects over 21. However, in Queensland and Western Australia, Indigenous Australians were barred from voting in elections from the late 19th century. In 1896, Tasmania granted them the franchise, and in 1895, South Australia gave equal voting rights to men and women, including Indigenous women.
In 1901, the Commonwealth Franchise Act was passed, which gave all men and women in Australia the right to vote, but notably excluded Indigenous people unless they already had voting rights before 1901. In 1949, Prime Minister Ben Chifley introduced an amendment to the Commonwealth Electoral Act 1918, which extended the right to vote in federal elections to any Indigenous person who had served in the defence forces. However, this did not apply to Queensland, Western Australia, and the Northern Territory, where discriminatory legislation continued to deny Indigenous people their voting rights.
The Menzies government amended the Commonwealth Electoral Act in 1962, giving Indigenous people the right to enrol and vote in Commonwealth elections, regardless of their state-level voting rights. While this was a significant step forward, enrolment itself was not compulsory, and the restriction against encouraging Indigenous people to enrol remained in place.
It wasn't until the Commonwealth Electoral Amendment Act 1983 when voting inequality was finally addressed. This Act made enrolling to vote at federal elections compulsory for all Australians, including Indigenous Australians, thus granting them full equality with other electors.
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Queensland was the last state to grant Indigenous Australians voting rights in 1965
In 1901, the Australian Constitution established the Commonwealth of Australia. However, it did not recognise Indigenous Australians as part of the population. Specifically, Section 127 stated that "in reckoning the numbers of the people of the Commonwealth, or of a state or other part of the Commonwealth, aboriginal natives shall not be counted".
The Commonwealth Franchise Act 1902 granted all Australian men and women the right to vote. However, Indigenous Australians were excluded from this right unless they already had the right to vote before 1901. Queensland, Western Australia, and the Northern Territory had laws that prevented Indigenous Australians from voting. Queensland, which gained self-government in 1859, extended voting rights to all British male subjects over 21 in 1872. However, under the Queensland Elections Act of 1885, no "aboriginal native of Australia" was entitled to vote. This restriction was extended to Torres Strait Islanders in 1930.
In 1949, Prime Minister Ben Chifley introduced an amendment to the Commonwealth Electoral Act 1918, which extended the right to vote in federal elections to any Indigenous person who had served in the defence forces. The Menzies government further amended the Commonwealth Electoral Act in 1962 to give Indigenous people the right to enrol and vote in Commonwealth elections, irrespective of their voting rights at the state level. However, enrolment was not compulsory.
It was not until 1965 that Queensland, the last state to do so, passed an Act to extend voting rights to all Indigenous Australians, including Aboriginal and Torres Strait Islander people. The Queensland Elections Act Amendment Bill 1965 was passed on 17 December 1965, and the Indigenous voting provisions were enacted on 1 February 1966.
Despite these changes, full voting rights were not granted federally until 1984, when Aboriginal and Torres Strait Islander people were required to register on the electoral roll under the Commonwealth Electoral Amendment Act 1983. This Act made enrolling to vote at federal elections compulsory for all Australians, finally granting First Nations people full equality with other electors.
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$20.84 $21.95
Indigenous Australians were not recognised in the Constitution until 1967
The history of Indigenous Australians' right to vote is complex and marred with injustices. While Indigenous men were not specifically denied the right to vote in the 1850s under the constitutions of Victoria, New South Wales, and South Australia, subsequent legislation in Queensland, Western Australia, and the Northern Territory restricted their voting rights.
In 1962, the Commonwealth Electoral Act was amended to grant Indigenous Australians the right to enrol and vote in federal elections, although enrolment was not compulsory. This was a significant step forward, but it did not address the underlying issues of racial discrimination and inequality that were prevalent in Australia at the time.
It is important to note that even after the 1962 amendment, Indigenous Australians still faced barriers to voting and were not treated equally under the law. It wasn't until 1984, with the Commonwealth Electoral Amendment Act 1983, that Indigenous Australians gained full equality with other electors, and enrolment and voting became compulsory for all.
The 1967 Referendum altered the Constitution to amend Section 51 (xxvi) and remove Section 127, which had excluded Indigenous Australians from being counted as part of the national population. This change allowed the Commonwealth government to make laws for Indigenous Australians and was a significant step towards recognition and equality. However, it is important to note that this referendum did not grant Indigenous Australians the right to vote, as that had already been achieved through the 1962 amendment.
In 2023, Australians voted against a proposal to recognise Aboriginal and Torres Strait Islander peoples in the Constitution, which was seen as a blow to reconciliation and progress. This rejection highlights the ongoing struggle for Indigenous rights and recognition in Australia, and the need for continued advocacy and education.
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A 2023 referendum to recognise Indigenous Australians in the Constitution failed
On 14 October 2023, Australians rejected a proposal to recognise Indigenous people in the constitution, dealing a blow to the country's efforts for reconciliation with its First Peoples. The referendum asked Australians to vote "Yes" or "No" on whether to alter the constitution to recognise Aboriginal and Torres Strait Islander people through the creation of an Indigenous advisory body, the "Voice to Parliament". The “No” vote led with 60% of the vote, while the “Yes” vote trailed with 40%.
The referendum was the first in almost 25 years and was a key promise of the Labor party during the 2022 federal election. While support for the "Voice to Parliament" was strong at the beginning of 2023, it slowly declined as the year progressed. All major polls predicted the "No" campaign's success, and the defeat of the referendum was attributed to several factors. Firstly, no referendum has passed in Australia without bipartisan backing, and this referendum was actively opposed by leaders of the major conservative parties. Secondly, a misinformation campaign on social media sparked fears that the advisory body would become a third chamber of parliament, potentially slowing government decision-making.
The failure of the 2023 referendum highlights the challenges faced in recognising Indigenous Australians in the Constitution. While the 1967 referendum successfully changed the Constitution to include Indigenous people as part of the population, it did not address the lack of recognition of Indigenous Australians in the Constitution. This recognition is crucial as the Constitution shapes the laws of Australia and referendums are the only way to amend it.
The rejection of the 2023 referendum is a setback for reconciliation and recognition in modern Australia, as Indigenous Australians continue to face discrimination and poorer outcomes in health, education, and infant mortality. While some Indigenous people supported the proposed change, others believed it was a distraction from achieving practical and positive outcomes. Despite the referendum's failure, Prime Minister Anthony Albanese emphasised that the moment of disagreement should not divide Australians and that the country must move forward together.
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Frequently asked questions
Indigenous Australians were granted the right to vote in 1962, when the Menzies government amended the Commonwealth Electoral Act. However, enrolment was not compulsory.
In 1984, Indigenous Australians gained full equality with other voters under the Commonwealth Electoral Amendment Act 1983. This Act made enrolling to vote at federal elections compulsory for all Australians.
Before 1962, Indigenous Australians were denied the right to vote at the federal level due to a narrow interpretation of the Commonwealth Franchise Act. Additionally, various legislation in different states specifically restricted the voting rights of Indigenous people.
In 2023, Australians voted against a proposal to recognise Aboriginal people in the country's constitution and establish a body to advise parliament on Indigenous issues. This was the second time such an attempt had been made, with a similar proposal being rejected in 1999.
