Australian referendum, 1967 (Aboriginals)
Encyclopedia
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 (Aboriginal People) 1967, which became law on 10 August 1967 following the results of the referendum. The amendments were overwhelmingly endorsed, winning 90.77 percent of votes cast and carrying in all six states. The other question put in the referendum, on the composition of parliament
, was rejected, receiving less than half as much support.
Section 51 begins:
And the clauses that follow (ordinarily referred to as "heads of power") list most of the legislative powers of the federal parliament. The amendment deleted the text in bold from Clause xxvi (known as the "race" or "races" power):
This gave the Commonwealth parliament power to legislate with respect to Aborigines (read: "Indigenous") living in a State as well as those living in a federal Territory. Although the intent was that this new power for the Commonwealth would be used beneficially, despite several opportunities the High Court has never resolved that it cannot also be used detrimentally.
Section 127 was wholly removed. Headed "Aborigines not to be counted in reckoning population", it had read:
This section should be read in conjunction with Section 24 and Section 51(xi)
. The section related to calculating the population of the States and Territories for the purpose of allocating seats in the lower house of the federal parliament and per capita Commonwealth grants. The context of its introduction was to prevent Queensland
and Western Australia
from using their large Aboriginal populations to gain extra seats or extra funds. The 'statistics' power in Section 51(xi)
allowed the Commonwealth to collect information on Aboriginal people.
It is frequently stated that the 1967 referendum gave Aboriginal people Australian citizenship and that it gave them the right to vote in federal elections. Neither of these statements is correct. Aboriginal people became Australian citizens in 1949, when a separate Australian citizenship
was created for the first time (before that time all Australians, including Aborigines, were "British subjects"). Aboriginal people from Queensland and Western Australia gained the vote in Commonwealth elections in 1962. However, the Commonwealth voting right of Aborigines from other states was confirmed by a Commonwealth Act in 1949 (the constitution already gave them that right but it was often interpreted differently prior to 1949). They got the vote in WA state elections in 1962 and Queensland state elections in 1965.
But one result of the two constitutional amendments was that Indigenous Australians
ceased to be mentioned at all in the national constitution.
Obtained a majority in all six States and an overall majority (i.e. including voters in Territories) of 4 656 106 votes.
, discriminatory practices, financial assistance and preservation of cultural heritage. The other aspect of the constitutional change, enabling of Aboriginal people to be counted in population statistics, has led to clearer comparisons of the desperate state of Aboriginal health.
The constitutional amendments allowed the Federal Government to make special laws that applied to Aboriginal Australians. Aboriginal people already had the right to vote in federal and state elections (in South Australia
since before Federation
, in federal elections since 1962, and in all state elections since 1965). They did not receive equal wages as a result of the referendum: this right was granted through a totally different industrial relations process. The referendum did not end discrimination against Indigenous Australians.
The referendum had two main outcomes. The first was to alter the legal boundaries within which the Federal Government could act. It was given a constitutional head-of-power under which it could make special laws for the benefit of Aboriginal people (although some argue that certain laws have been detrimental). The Australian Constitution states that federal law prevails over state law, so the Federal Government could, if it so chose, enact legislation that would end discrimination against Aborigines by state governments. However during the first five years following the referendum the Federal Government did not use its new powers.
The other key outcome of the referendum was to provide Aboriginal people with a symbol of their political and moral rights. The referendum occurred at a time when Aboriginal activism was accelerating and it was used as a kind of ‘historical shorthand’ for all the relevant political events of the time, such as the demands for land rights by the Gurindji, the equal pay case for pastoral workers, and the ‘Freedom Rides
' to end segregation in New South Wales
. This use as a symbol for a period of activism and change has contributed to the misconceptions about the effects of the constitutional changes themselves.
The benefits of the referendum began to flow to Aboriginal people in 1972. On 26 January 1972, Aboriginal peoples erected the Aboriginal Tent Embassy
on the lawns of the Federal Parliament building in Canberra
to express their frustration at the lack of progress on land rights and racial discrimination issues. This became a major confrontation that raised Aboriginal affairs high on the political agenda in the federal election later that year. One week after gaining office, the Whitlam Government (1972–1975) established a Royal Commission into land rights for Aborigines in the Northern Territory
under Justice Woodward. Its principal recommendations, delivered in May 1974, were: that Aborigines should have inalienable title to reserve lands; that regional Land Councils should be established; to establish a fund to purchase land with which Aborigines had a traditional connection, or that would provide economic or other benefits; prospecting and mineral exploration on Aboriginal land should only occur with their consent or that of the Federal Government if the national interest required it; entry onto Aboriginal land should require a permit issued by the regional Land Council. The recommendations were framed in terms to enable application outside the Northern Territory. The Federal Government agreed to implement the principal recommendations and in 1975 the House of Representatives passed the Aboriginal Councils and Associations Bill and the Aboriginal Land (Northern Territory) Bill but the Senate had not considered them by the time parliament was dissolved in 1975.
The following year, the Fraser
Government (1975–1983) amended the Aboriginal Land (Northern Territory) Bill by introducing the Aboriginal Land Rights (Northern Territory) Bill. The new bill made a number of significant changes such as limitation on the operations and boundaries of Land Councils; giving Northern Territory law effect on Aboriginal land, thereby enabling land rights to be eroded; removing the power of Land Councils to issue permits to non-Aborigines; allowing public roads to be built on Aboriginal land without consent. It is significant however that this legislation was implemented at all, given the political allegiances of the Fraser Government, and shows the level of community support for social justice for Aborigines at the time.
The Whitlam Government used its constitutional powers to overrule racially discriminatory State legislation. On reserves in Queensland
, they were forbidden to gamble, use foul language, undertake traditional cultural practices, indulge in adultery, or drink alcohol. They were also required to work without payment. In the Aboriginal Courts in Queensland the same official acted as judge as well as the prosecuting counsel. Defendants almost invariably pleaded 'guilty' as pleas of 'not guilty' were more than likely to lead to a longer sentence. The Whitlam Government, using the race power, enacted the Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975 to override the State laws and eliminate racial discrimination against Aborigines. No federal government ever enforced this Act.
The race power was also used by the Whitlam Government to positively discriminate in favour of Aboriginal people. It established schemes whereby Aboriginal people could obtain housing, loans, emergency accommodation and tertiary education allowances. It also increased funding for the Aboriginal Legal Service enabling twenty-five offices to be established throughout Australia.
The race power gained in the 1967 referendum has been used in several other pieces of significant Federal legislation. One of the pieces of legislation enacted to protect the Gordon River
catchment used the race power but applied it to all people in Australia. The law prohibited anyone from damaging sites, relics and artefacts of Aboriginal settlement in the Gordon River catchment. In the Tasmanian Dams Case, the High Court held that even though this law applied to all people and not only to Aborigines, it still constituted a special law. In the 1992 Mabo
judgement, the High Court established the existence of Native Title in Australian Common Law. Using the race powers, the Keating
Government enacted the Native Title Act 1993 and successfully defended a High Court challenge from the Queensland Government.
One last impact of the referendum has been the benefits flowing from the removal of the prohibition on counting Aboriginal people in the population statistics. Without official statistics as to their number, age structure or distribution, it was not possible for government agencies to establish soundly based policies for the benefit of Aboriginal people, especially in the area of health. The existence of census data from 1971 onwards that showed the demographics of the Aboriginal population enabled the calculation of key health indicators such as infant mortality rates and life expectancy. Aboriginal life expectancy, especially for males, was significantly lower than the average population. Infant mortality rates in the early 1970s were among the highest in the world. They declined significantly by the early 1990s but still remain much higher than the total population, especially in remote areas.
The 1967 referendum has acquired a symbolic meaning in relation to a period of rapid social change during the 1960s. As a result it has been credited with initiating political and social change that was the result of other factors. The real legislative and political impact of the 1967 referendum has been to enable, and thereby compel, the federal government to take action in the area of Aboriginal Affairs. Federal governments with a broader national and international agenda have attempted to end the discriminatory practices of state governments such as Queensland
and to introduce policies that encourage self-determination and financial security for Aboriginals. However, the effectiveness of these policies has been tempered by an unwillingness of most federal governments to deal with the difficult issues involved in tackling recalcitrant state governments
When John Howard's Coalition government came to power in 1996, it intervened in the Hindmarsh Island bridge controversy
with legislation that introduced an exception to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 so as to allow the bridge to proceed. The Ngarrindjeri challenged the new legislation in the High Court on the basis that it was discriminatory to declare that the Heritage Protection Act applied to sites everywhere but Hindmarsh Island, and that such discrimination – essentially on the basis of race – had been disallowed since the Commonwealth was granted the power to make laws with respect to the "Aboriginal race" as a result of the 1967 Referendum. The High Court decided, by a majority, that the amended s.51(xxvi) of the Constitution still did not restrict the Commonwealth parliament to making laws solely for the benefit of any particular "race", but still empowered the parliament to make laws that were to the detriment of any race. This decision effectively meant that those people who had believed that they were casting a vote against the discrimination of Indigenous people in 1967 had in fact allowed the Commonwealth to participate in the discrimination against Indigenous people which had been practised by the States.
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
relating to Indigenous Australians
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
. Technically it was a vote on the Constitution Alteration (Aboriginal People) 1967, which became law on 10 August 1967 following the results of the referendum. The amendments were overwhelmingly endorsed, winning 90.77 percent of votes cast and carrying in all six states. The other question put in the referendum, on the composition of parliament
Australian referendum, 1967 (Parliament)
Held within the Australian referendum, 1967 was a question about the Australian Parliament, so-called "Nexus". Section 24 of the Australian Constitution required that the number of members in the lower house be as near as possible to twice the numbers of members in the upper house .This ratio is...
, was rejected, receiving less than half as much support.
Amendments to the Constitution
Voters were asked to approve, together, changes to both of the provisions in which Aborigines were mentioned in the Constitution - sections 51(xxvi) and 127.Section 51 begins:
- The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:
And the clauses that follow (ordinarily referred to as "heads of power") list most of the legislative powers of the federal parliament. The amendment deleted the text in bold from Clause xxvi (known as the "race" or "races" power):
- The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws
This gave the Commonwealth parliament power to legislate with respect to Aborigines (read: "Indigenous") living in a State as well as those living in a federal Territory. Although the intent was that this new power for the Commonwealth would be used beneficially, despite several opportunities the High Court has never resolved that it cannot also be used detrimentally.
Section 127 was wholly removed. Headed "Aborigines not to be counted in reckoning population", it had read:
- 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.
This section should be read in conjunction with Section 24 and Section 51(xi)
Section 51(xi) of the Australian Constitution
Section 51 of the Australian Constitution is the subsection of Section 51 of the Australian Constitution granting the Commonwealth the power to make laws on "census and statistics".- Historical Context to the inclusion of the Census Power :...
. The section related to calculating the population of the States and Territories for the purpose of allocating seats in the lower house of the federal parliament and per capita Commonwealth grants. The context of its introduction was to prevent 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...
and 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...
from using their large Aboriginal populations to gain extra seats or extra funds. The 'statistics' power in Section 51(xi)
Section 51(xi) of the Australian Constitution
Section 51 of the Australian Constitution is the subsection of Section 51 of the Australian Constitution granting the Commonwealth the power to make laws on "census and statistics".- Historical Context to the inclusion of the Census Power :...
allowed the Commonwealth to collect information on Aboriginal people.
It is frequently stated that the 1967 referendum gave Aboriginal people Australian citizenship and that it gave them the right to vote in federal elections. Neither of these statements is correct. Aboriginal people became Australian citizens in 1949, when a separate Australian citizenship
Australian nationality law
Australian nationality law determines who is and who is not an Australian, and is based primarily on the principle of Jus soli. The status of Australian citizenship was created by the Nationality and Citizenship Act 1948 which received Royal Assent on 21 December 1948 and came into force on...
was created for the first time (before that time all Australians, including Aborigines, were "British subjects"). Aboriginal people from Queensland and Western Australia gained the vote in Commonwealth elections in 1962. However, the Commonwealth voting right of Aborigines from other states was confirmed by a Commonwealth Act in 1949 (the constitution already gave them that right but it was often interpreted differently prior to 1949). They got the vote in WA state elections in 1962 and Queensland state elections in 1965.
But one result of the two constitutional amendments was that Indigenous Australians
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
ceased to be mentioned at all in the national constitution.
Referendum results
Question: Do you approve the proposed law for the alteration of the Constitution entitled 'An Act to alter the Constitution' so as to omit certain words relating to the people of the Aboriginal race in any state so that Aboriginals are to be counted in reckoning the population?| For | Against | |
|---|---|---|
| Votes | 90.77% | 9.23% |
| 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... |
2,315,828 | 2,166,507 | 1,949,036 | 91.46% | 182,010 | 8.54% | 35,461 |
| 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.... |
1,734,476 | 1,630,594 | 1,525,026 | 94.68% | 85,611 | 5.32% | 19,957 |
| 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... |
904,808 | 848,728 | 748,612 | 89.21% | 90,587 | 10.79% | 9,529 |
| 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... |
590,275 | 560,844 | 473,440 | 86.26% | 75,383 | 13.74% | 12,021 |
| 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... |
437,609 | 405,666 | 319,823 | 80.95% | 75,282 | 19.05% | 10,561 |
| 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... |
199,589 | 189,245 | 167,176 | 90.21% | 18,134 | 9.79% | 3,935 |
| Total for Commonwealth | 6,182,585 | 5,801,584 | 5,183,113 | 90.77% | 527,007 | 9.23% | 91,464 |
Obtained a majority in all six States and an overall majority (i.e. including voters in Territories) of 4 656 106 votes.
Legacy
The overwhelming support for the ‘Yes’ vote gave the Federal Government a clear mandate to implement policies to benefit Aboriginal people. A lot of misconceptions have arisen as to the outcomes of the referendum, some as a result of it taking on a symbolic meaning during a period of increasing Aboriginal self-confidence. It was some five years before any real change occurred as a result of the referendum but federal legislation has since been enacted covering land rightsLand rights
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these species of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important...
, discriminatory practices, financial assistance and preservation of cultural heritage. The other aspect of the constitutional change, enabling of Aboriginal people to be counted in population statistics, has led to clearer comparisons of the desperate state of Aboriginal health.
The constitutional amendments allowed the Federal Government to make special laws that applied to Aboriginal Australians. Aboriginal people already had the right to vote in federal and state elections (in 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...
since before Federation
Federation of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed one nation...
, in federal elections since 1962, and in all state elections since 1965). They did not receive equal wages as a result of the referendum: this right was granted through a totally different industrial relations process. The referendum did not end discrimination against Indigenous Australians.
The referendum had two main outcomes. The first was to alter the legal boundaries within which the Federal Government could act. It was given a constitutional head-of-power under which it could make special laws for the benefit of Aboriginal people (although some argue that certain laws have been detrimental). The Australian Constitution states that federal law prevails over state law, so the Federal Government could, if it so chose, enact legislation that would end discrimination against Aborigines by state governments. However during the first five years following the referendum the Federal Government did not use its new powers.
The other key outcome of the referendum was to provide Aboriginal people with a symbol of their political and moral rights. The referendum occurred at a time when Aboriginal activism was accelerating and it was used as a kind of ‘historical shorthand’ for all the relevant political events of the time, such as the demands for land rights by the Gurindji, the equal pay case for pastoral workers, and the ‘Freedom Rides
Freedom Ride (Australia)
The Freedom Ride of 1964 and 1965 was a significant event in the history of civil rights for Indigenous Australians.Inspired by the Freedom Riders of the American Civil Rights Movement, students from Sydney University formed a group called the Student Action for Aboriginals, led by Charles Perkins...
' to end segregation in 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...
. This use as a symbol for a period of activism and change has contributed to the misconceptions about the effects of the constitutional changes themselves.
The benefits of the referendum began to flow to Aboriginal people in 1972. On 26 January 1972, Aboriginal peoples erected the Aboriginal Tent Embassy
Aboriginal Tent Embassy
The Aboriginal Tent Embassy is a controversial semi-permanent assemblage claiming to represent the political rights of Australian Aborigines. It is made of a large group of activists, signs, and tents that reside on the lawn of Old Parliament House in Canberra, the Australian capital...
on the lawns of the Federal Parliament building in Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
to express their frustration at the lack of progress on land rights and racial discrimination issues. This became a major confrontation that raised Aboriginal affairs high on the political agenda in the federal election later that year. One week after gaining office, the Whitlam Government (1972–1975) established a Royal Commission into land rights for Aborigines in the Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
under Justice Woodward. Its principal recommendations, delivered in May 1974, were: that Aborigines should have inalienable title to reserve lands; that regional Land Councils should be established; to establish a fund to purchase land with which Aborigines had a traditional connection, or that would provide economic or other benefits; prospecting and mineral exploration on Aboriginal land should only occur with their consent or that of the Federal Government if the national interest required it; entry onto Aboriginal land should require a permit issued by the regional Land Council. The recommendations were framed in terms to enable application outside the Northern Territory. The Federal Government agreed to implement the principal recommendations and in 1975 the House of Representatives passed the Aboriginal Councils and Associations Bill and the Aboriginal Land (Northern Territory) Bill but the Senate had not considered them by the time parliament was dissolved in 1975.
The following year, the Fraser
Malcolm Fraser
John Malcolm Fraser AC, CH, GCL, PC is a former Australian Liberal Party politician who was the 22nd Prime Minister of Australia. He came to power in the 1975 election following the dismissal of the Whitlam Labor government, in which he played a key role...
Government (1975–1983) amended the Aboriginal Land (Northern Territory) Bill by introducing the Aboriginal Land Rights (Northern Territory) Bill. The new bill made a number of significant changes such as limitation on the operations and boundaries of Land Councils; giving Northern Territory law effect on Aboriginal land, thereby enabling land rights to be eroded; removing the power of Land Councils to issue permits to non-Aborigines; allowing public roads to be built on Aboriginal land without consent. It is significant however that this legislation was implemented at all, given the political allegiances of the Fraser Government, and shows the level of community support for social justice for Aborigines at the time.
The Whitlam Government used its constitutional powers to overrule racially discriminatory State legislation. On reserves in 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...
, they were forbidden to gamble, use foul language, undertake traditional cultural practices, indulge in adultery, or drink alcohol. They were also required to work without payment. In the Aboriginal Courts in Queensland the same official acted as judge as well as the prosecuting counsel. Defendants almost invariably pleaded 'guilty' as pleas of 'not guilty' were more than likely to lead to a longer sentence. The Whitlam Government, using the race power, enacted the Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975 to override the State laws and eliminate racial discrimination against Aborigines. No federal government ever enforced this Act.
The race power was also used by the Whitlam Government to positively discriminate in favour of Aboriginal people. It established schemes whereby Aboriginal people could obtain housing, loans, emergency accommodation and tertiary education allowances. It also increased funding for the Aboriginal Legal Service enabling twenty-five offices to be established throughout Australia.
The race power gained in the 1967 referendum has been used in several other pieces of significant Federal legislation. One of the pieces of legislation enacted to protect the Gordon River
Gordon River
The Gordon River is one of the major rivers of Tasmania, Australia. It rises in the centre of the island at Lake Richmond and flows westward for about 193km where it empties into Macquarie Harbour on the West Coast of Tasmania. Major tributaries include the Serpentine River and the Franklin...
catchment used the race power but applied it to all people in Australia. The law prohibited anyone from damaging sites, relics and artefacts of Aboriginal settlement in the Gordon River catchment. In the Tasmanian Dams Case, the High Court held that even though this law applied to all people and not only to Aborigines, it still constituted a special law. In the 1992 Mabo
Mabo v Queensland
Mabo v Queensland was a landmark High Court of Australia decision recognising native title in Australia for the first time...
judgement, the High Court established the existence of Native Title in Australian Common Law. Using the race powers, the Keating
Paul Keating
Paul John Keating was the 24th Prime Minister of Australia, serving from 1991 to 1996. Keating was elected as the federal Labor member for Blaxland in 1969 and came to prominence as the reformist treasurer of the Hawke Labor government, which came to power at the 1983 election...
Government enacted the Native Title Act 1993 and successfully defended a High Court challenge from the Queensland Government.
One last impact of the referendum has been the benefits flowing from the removal of the prohibition on counting Aboriginal people in the population statistics. Without official statistics as to their number, age structure or distribution, it was not possible for government agencies to establish soundly based policies for the benefit of Aboriginal people, especially in the area of health. The existence of census data from 1971 onwards that showed the demographics of the Aboriginal population enabled the calculation of key health indicators such as infant mortality rates and life expectancy. Aboriginal life expectancy, especially for males, was significantly lower than the average population. Infant mortality rates in the early 1970s were among the highest in the world. They declined significantly by the early 1990s but still remain much higher than the total population, especially in remote areas.
The 1967 referendum has acquired a symbolic meaning in relation to a period of rapid social change during the 1960s. As a result it has been credited with initiating political and social change that was the result of other factors. The real legislative and political impact of the 1967 referendum has been to enable, and thereby compel, the federal government to take action in the area of Aboriginal Affairs. Federal governments with a broader national and international agenda have attempted to end the discriminatory practices of state governments such as 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...
and to introduce policies that encourage self-determination and financial security for Aboriginals. However, the effectiveness of these policies has been tempered by an unwillingness of most federal governments to deal with the difficult issues involved in tackling recalcitrant state governments
When John Howard's Coalition government came to power in 1996, it intervened in the Hindmarsh Island bridge controversy
Hindmarsh Island bridge controversy
The Hindmarsh Island bridge controversy was a 1990s Australian legal and political controversy that involved the clash of Indigenous Australian religious beliefs and property rights...
with legislation that introduced an exception to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 so as to allow the bridge to proceed. The Ngarrindjeri challenged the new legislation in the High Court on the basis that it was discriminatory to declare that the Heritage Protection Act applied to sites everywhere but Hindmarsh Island, and that such discrimination – essentially on the basis of race – had been disallowed since the Commonwealth was granted the power to make laws with respect to the "Aboriginal race" as a result of the 1967 Referendum. The High Court decided, by a majority, that the amended s.51(xxvi) of the Constitution still did not restrict the Commonwealth parliament to making laws solely for the benefit of any particular "race", but still empowered the parliament to make laws that were to the detriment of any race. This decision effectively meant that those people who had believed that they were casting a vote against the discrimination of Indigenous people in 1967 had in fact allowed the Commonwealth to participate in the discrimination against Indigenous people which had been practised by the States.
See also
- Section 51(xxvi) of the Australian Constitution (the race power)Section 51(xxvi) of the Australian ConstitutionSection 51 of the Australian Constitution, commonly called 'the race power', is the subsection of Section 51 of the Australian Constitution granting the Australian commonwealth power to make special laws for people of any race....
- Politics of AustraliaPolitics of AustraliaThe Politics of Australia take place within the framework of a parliamentary democracy, with electoral procedures appropriate to a two-party system. Australia is governed as a federation and as a constitutional monarchy, with an adversarial legislature based upon the Westminster system...
- History of AustraliaHistory of AustraliaThe History of Australia refers to the history of the area and people of Commonwealth of Australia and its preceding Indigenous and colonial societies. Aboriginal Australians are believed to have first arrived on the Australian mainland by boat from the Indonesian archipelago between 40,000 to...
- Australian AboriginesAustralian AboriginesAustralian Aborigines , also called Aboriginal Australians, from the latin ab originem , are people who are indigenous to most of the Australian continentthat is, to mainland Australia and the island of Tasmania...
- Voting rights of Australian AboriginalsVoting rights of Australian AboriginalsHistorically the voting rights of Australian Aborigines, or Indigenous Australians, had been restricted in Australian parliaments and local government bodies.-Commonwealth elections:Some Aboriginal people voted in the very first Commonwealth election...
External links
- Collaborating for Indigenous Rights: the 1967 Referendum: history and archival resources on the 1967 Referendum, released March 2007, National Museum of Australia.
- The 1967 Referendum Fact sheet from the National Archives of Australia.
- The 1967 Referendum at the National Film and Sound Archive
- Australian 1967 Referendum Retrieved 12 March 2011. Contains interviews with Aboriginal campaigners.
- John Gardiner-Garden, "The 1967 Referendum - History and Myths" (2007) Retrieved 12 March 2011.
- Parliamentary Handbook 2008, "Referendums and Plebiscites" Retrieved 12 March 2011. Search for "referendums and plebiscites" and download PDF file.
Preceded by: Social Services Amendment Australian referendum, 1946 (Social Services) 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 questions... (1946) |
Amendments to the Constitution of Australia |
Followed by: Senate Vacancies Amendment Australian referendum, 1977 (Senate Casual Vacancies) The referendum of 21 May 1977 approved an amendment to the Australian constitution concerning the filling of casual vacancies in the Senate. Technically it was a vote on the Constitution Alteration 1977 which, after being approved in the referendum, became law on 29 July of the same year.Prior to... Referendum Amendment Australian referendum, 1977 (Referendums) Constitution Alteration 1977 proposed to allow residents in the territories to vote in referendums. Residents in territories were to be counted towards the national total, but would not be counted toward any state total... Retirement of Judges Amendment Australian referendum, 1977 (Retirement of Judges) The legislation Constitution Alteration 1977 proposed to create a retirementage of 70 for judges in federal courts.The question was put to a referendum in the Australian referendum, 1977.-Results:... (1977) |