A referendum is a vote by the public required to make any changes to the constitution.
For an amendment to be made it must be approved by a ‘double majority’ of the public, a majority of voters nationally AND a majority of voters in a majority of the states* (at least four out of six).
*ACT and NT votes count toward the national majority only.
How does it work?
After a bill with proposed changes passes both houses of Federal Parliament a referendum will be scheduled, and Australians will head to the polls on the chosen day (which like elections must be a Saturday). Just like state and federal elections, enrolling and voting in referendums is compulsory – but no need to enrol again if you’re already on the roll (just remember to check your details are correct).
Referendums are run by the Australian Electoral Commission, the same body that run our federal elections and the process is much the same. Polling stations will open from 8am – 6pm and there will be early polling and postal vote alternatives if you’re unable to make it on the day.
A referendum ballot is a little different to the federal, state and local ballots we saw last year – there won’t be any boxes to number, just one box to write either ‘yes’ or ‘no’. As always, it’s important to make sure you fill out the ballot correctly so that you’re submitting a formal vote that can be counted.
Then if the change is approved by a double majority it is carried and the change to the constitution will be made, if not then no change will be made.
Past referendums
Previously, Australia has voted on 44 proposed changes to the constitution, only eight of which were approved. The last referendum in 1999 posed two changes, to ‘To alter the Constitution to establish the Commonwealth of Australia as a republic with the Queen and Governor-General being replaced by a President appointed by a two-thirds majority of the members of the Commonwealth Parliament’ and ‘To alter the Constitution to insert a preamble’, neither was carried.
Our last constitutional changes were made following a referendum in 1977 which posed four changes, three of which were carried. These changes provided retiring ages for judges of Federal courts, allowed the territories to vote in referendums along with the states and changed the way we fill vacancies in the Senate mid-term with someone from the same political party.
The largest ‘yes’ vote in a referendum in Australia was in 1967, carried with 90.77% in favour of changes to enable the Commonwealth to make laws about Indigenous people and to have First Nations people counted in the census.
The lowest ‘yes’ vote was in 1988, with 69.21% voting against the amendment to extend the right to trial by jury and religious freedom and ensure fair terms for persons whose property is acquired by any government.
We’re heading to the polls later this year to vote in a referendum on an enshrined First Nations Voice to Parliament, making 2023 our first referendum 24 years. The question posed to Australians will be:
A proposed law to alter the constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?
If you want more info on referendums, from how they work to past polls visit the AEC website. If you want more info on getting prepared to vote, check out our post here.
