Australian referendum, 1946 (Social Services)
Encyclopedia
Constitution Alteration 1946 proposed to extend the powers of government over a range of social services. The question was put to a referendum in the Australian referendum, 1946
with two other (unrelated) questions. It was carried and inserted s51(xxiiiA) into section 51
of the Australian Constitution.
* Armed forces totals are also included in their respective states.
Section 51
of the Australian Constitution grants the commonwealth legislative power. Prior to this amendment the only social services provision was s51(xxiii) that gave power to legislate for invalid and old-age pensions. This amendment introduced s51(xxiiiA), which reads:
Notably, federal legislation already existed on a number of these issues despite the lack of a clear constitutional basis: child endowment payments were introduced in 1941, widow’s pensions in 1942, and unemployment benefits (commonwealth) in 1945. These payments were based on the spending power (s81). However, in the Pharmaceutical Benefits Case (Attorney-General (Victoria); Ex rel Dale v Commonwealth
) constitutional questions were raised about the validity of Commonwealth social security legislation based on s81. The High Court held unconstitutional the Pharmaceutical Benefits Act 1944, which sought to introduce a scheme of subsidised medications, because it was not supported by a section 51
head of power and could not be supported by s81.
The amendment was therefore intended to clarify and enshrine the existence of a power that was already being exercised and received bipartisan support. This perhaps explains why this amendment was carried, given that it was already accepted as an area of Commonwealth activity. In addition, a ‘no’ vote could have ended welfare programs from which voters were benefiting.
After the amendment the Social Services Consolidation Act 1947 was passed. In addition the Pharmaceutical Benefits scheme, held unconstitutional in the Pharmaceutical Benefits case, was reintroduced and passed as the Pharmaceutical Benefits Act 1947.
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Australian referendum, 1946
The 1946 Australian Referendum was held on 28 September 1946. It contained three referendum questions.* Social Services * Marketing * Industrial Employment ...
with two other (unrelated) questions. It was carried and inserted s51(xxiiiA) into section 51
Section 51 of the Australian Constitution
Section 51 of the Constitution of Australia grants legislative powers to the Australian Parliament only when subject to the constitution. When the six Australian colonies joined together in Federation in 1901, they became the original States and ceded some of their powers to the new Commonwealth...
of the Australian Constitution.
Results
The referendum question Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Social Services) 1946'? was carried, inserting s51(xxiiiA) into the constitution.| For | Against | |
|---|---|---|
| Votes | %54.39 | %45.61 |
| States | 6 | 0 |
| State | On rolls | Ballots issued | For | Against | Informal | ||
| % | % | ||||||
| New South Wales New South Wales New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales... | 1,858,749 | 1,757,150 | 897,887 | %54.00 | 764,723 | %46.00 | 94,540 |
| Victoria Victoria (Australia) Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively.... | 1,345,537 | 1,261,374 | 671,967 | %55.98 | 528,452 | %44.02 | 60,955 |
| Queensland Queensland Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean... | 660,316 | 612,170 | 299,205 | %51.26 | 284,465 | %48.74 | 28,500 |
| South Australia South Australia South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland... | 420,361 | 399,301 | 197,395 | %51.73 | 184,172 | %48.27 | 17,734 |
| Western Australia Western Australia Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east... | 300,337 | 279,066 | 164,017 | %62.26 | 99,412 | %37.74 | 15,637 |
| Tasmania Tasmania Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart... | 154,553 | 144,880 | 67,463 | %50.58 | 65,924 | %49.42 | 11,493 |
| Armed forces* | 37,021 | 22,824 | 13,211 | 986 | |||
| Total for Commonwealth | 4,739,853 | 4,453,941 | 2,297,934 | %54.39 | 1,927,148 | %45.61 | 228,859 |
Discussion
This was one of the few (eight) referendum questions which were successfully passed.Section 51
Section 51 of the Australian Constitution
Section 51 of the Constitution of Australia grants legislative powers to the Australian Parliament only when subject to the constitution. When the six Australian colonies joined together in Federation in 1901, they became the original States and ceded some of their powers to the new Commonwealth...
of the Australian Constitution grants the commonwealth legislative power. Prior to this amendment the only social services provision was s51(xxiii) that gave power to legislate for invalid and old-age pensions. This amendment introduced s51(xxiiiA), which reads:
- s51(xxiiiA.) The provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorise any form of civil conscription), benefits to students and family allowances:
Notably, federal legislation already existed on a number of these issues despite the lack of a clear constitutional basis: child endowment payments were introduced in 1941, widow’s pensions in 1942, and unemployment benefits (commonwealth) in 1945. These payments were based on the spending power (s81). However, in the Pharmaceutical Benefits Case (Attorney-General (Victoria); Ex rel Dale v Commonwealth
Attorney-General (Victoria); Ex rel Dale v Commonwealth
Attorney-General ; Ex rel Dale v Commonwealth 71 CLR 237 - commonly known as the "Pharmaceutical Benefits case" - was a High Court of Australia decision...
) constitutional questions were raised about the validity of Commonwealth social security legislation based on s81. The High Court held unconstitutional the Pharmaceutical Benefits Act 1944, which sought to introduce a scheme of subsidised medications, because it was not supported by a section 51
Section 51 of the Australian Constitution
Section 51 of the Constitution of Australia grants legislative powers to the Australian Parliament only when subject to the constitution. When the six Australian colonies joined together in Federation in 1901, they became the original States and ceded some of their powers to the new Commonwealth...
head of power and could not be supported by s81.
The amendment was therefore intended to clarify and enshrine the existence of a power that was already being exercised and received bipartisan support. This perhaps explains why this amendment was carried, given that it was already accepted as an area of Commonwealth activity. In addition, a ‘no’ vote could have ended welfare programs from which voters were benefiting.
After the amendment the Social Services Consolidation Act 1947 was passed. In addition the Pharmaceutical Benefits scheme, held unconstitutional in the Pharmaceutical Benefits case, was reintroduced and passed as the Pharmaceutical Benefits Act 1947.
External sources
- Results of the Referendum
- Background Briefing on Australian Referendum – general, includes information on social services amendment
- Austats Special Article on the History of Pensions and other Benefits in Australia
See also
Preceded by: 2nd State Debts Amendment Australian referendum, 1928 The referendum of the 17 November 1928 approved an amendment to the Australian constitution concerning financial relations between the Commonwealth of Australia and its states... (1928) | Amendments to the Constitution of Australia | Followed by: Aboriginals Amendment Australian referendum, 1967 (Aboriginals) The referendum of 27 May 1967 approved two amendments to the Australian constitution relating to Indigenous Australians. Technically it was a vote on the Constitution Alteration 1967, which became law on 10 August 1967 following the results of the referendum... (1967) |