Longley, Joanna --- "The Australian Constitution: a time line" [1999] ALRCRefJl 12; (1999) 74 Australian Law Reform Commission Reform Journal 55

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Reform Issue 74 Autumn 1999

This article appeared on pages 55 – 57 of the original journal.

The Australian Constitution: A Time Line

Joanna Longley* provides a time line of the major texts relating to the Australian Constitution, and an outline of our attempts to change it.

1890

Official Record of the Proceedings and Debates of the Australasian Federation Conference, 1890, Parliament House, Melbourne

The Federation Conference was attended by representatives of all States and NZ. The conference resolved in favour of a convention to consider a federal Constitution.

1891

Official Report of the National Australasian Convention Debates, Sydney, March 2 to April 9, 1891

Seven delegates from each State and three from NZ attended the National Australasian Convention, with Sir Henry Parkes of NSW as convention president. A draft Bill to constitute the Commonwealth was adopted. The Bill was not approved by the NSW parliament and was shelved by other States.

1895

A conference of colonial Premiers in Hobart resolved that a further convention be held to draft a Constitution.

1897 - 1898

Official Report of the Debates of the National Australasian Convention: Adelaide, March 22 to May 5, 1897; Sydney, September 2 to 24, 1897; Melbourne, January 20 to March 17, 1898

The convention president was Sir Charles Kingston. Ten delegates from each State, except Queensland, attended the first session. By the third session in Melbourne another Bill to constitute Australia was drafted.

1900

Commonwealth of Australia Constitution Act, 1900 (63 & 64 Victoria, Chapter 12)

The Imperial Parliament at Westminster passed an Act to create the Commonwealth of Australia and its Constitution on July 9, 1900.

1901

The Constitution took effect on January 1, 1901, when the Commonwealth of Australia came into being.

1906

Constitution Alteration (Senate Elections) 1906

A referendum to allow for minor changes to s. 13 of the Constitution, including the provision for Senators’ terms to commence on July 1 and end on June 30 was passed on December 12.

1910

Constitution Alteration (State Debts) 1909

A referendum was held on April 13, 1910. A proposal to give the Commonwealth unrestricted power to take over State debts passed, but a proposal to set a fixed payment out of surplus revenue to the States failed.

1911 - 1926

A number of failed referendums were held between 1911-26. A referendum on the extension of the Commonwealth’s trade and commerce power and the nationalisation of monopolies was held on April 26, 1911; May 31, 1913; and again on December 13, 1919.

A further unsuccessful referendum on the extension of the Commonwealth’s legislative powers was held on September 4, 1926. A second proposal to empower the Commonwealth to protect the public against the interruption of essential services also failed.

1927 - 1929

Report of the Royal Commission on the Constitution, 1929

In August 1927 the Commonwealth government appointed the Royal Commission on the Constitution, with Mr JB Peden as Chairman. The Commission reported in September 1929. There were no legislative outcomes.

1928

Constitution Alteration (State Debts) 1928

On November 17, 1928 a referendum was passed enabling the Commonwealth to enter into financial arrangements with the States and to legislate to give effect to such agreements.

1937 - 1944

A referendum on March 6, 1937 proposed giving the Commonwealth powers to legislate on air navigation and aircraft, and exempting any Commonwealth law with respect to marketing from the requirements of s. 92. The proposals of the 1911 referendum were again put to a referendum on August 19, 1944. This referendum also proposed to empower the Commonwealth to legislate for a five year period on such matters as rehabilitation of ex-servicemen, family allowances, Aborigines and national health. All proposals failed.

1946

Constitution Alteration (Social Services) 1946

Another referendum was held on September 28, 1946 on the Commonwealth’s power to make laws with respect to social services (passed) and the organised marketing of primary products, and to legislate on terms and conditions of industrial employment (rejected).

1948 - 1951

A proposal to give the Commonwealth power to legislate to control rents and prices went to a referendum on May 29, 1949, but failed.

After the Communist Party Dissolution Act 1950 was declared beyond the constitutional power of the government, a referendum to overcome the problem was held on September 22, 1951, but also failed.

1956 - 1959

Report from the Joint Committee on Constitutional Review, 1959 [a 1958 interim report is appended to this report]

The Joint Committee was appointed in 1956 and reported in 1959. The report was never debated in detail and only one proposal (to allow an increase of members in the House of Representatives without a similar increase in Senate numbers) was submitted - unsuccessfully - to the 1967 referendum.

1967

Constitution Alteration (Aboriginals) 1967

The Joint Committee proposal on the size of the House of Representatives was rejected at a referendum on May 27, 1967. A second proposal to remove any grounds for the belief that the Constitution discriminated against the Aboriginal race, and to allow Aborigines to be counted in the census succeeded.

1973

An unsuccessful referendum was held on December 8, 1973 on price control and incomes.

1973 - 1985

Proceedings of the Australian Constitutional Convention were published for each plenary session, along with reports of the Standing Committees. Some Standing Committee reports were published separately

The Australian Constitutional Convention was appointed in 1973, to identify areas of the Constitution in need of change and to refer these areas to standing committees.

The Convention held six plenary sessions from 1973-85, and established four standing committees. It produced more than 130 recommendations. Four were put to a 1977 referendum - three passed.

1974

A referendum was held on May 18, 1974 on: simultaneous elections for the House of Representatives and Senate; the right of ACT and NT electors to vote in referendums; to make population the basis of determining the average size of electorates; and extending to the Commonwealth the power to borrow on behalf of, and make grants to, local government bodies. All proposals failed.

1977

Constitution Alteration (Senate Casual Vacancies) 1977

Constitution Alteration (Retirement of Judges) 1977

Constitution Alteration (Referendums) 1977

Four proposals were put in a referendum held on May 21, 1977. Once again a proposal to bring the House of Representatives and Senate elections into line was rejected, but proposals to allow ACT and NT electors to vote in referendums; to allow casual Senate vacancies to be filled by a person of the same political party; and to set the retirement age of federal judges at 70 were accepted.

1984

A referendum was held on December 1, 1984 on simultaneous Senate and House of Representative elections, and on a proposal to enable the Commonwealth and states to refer powers to each other. The referendum failed.

1985-88

First report of the Constitutional Commission, 1988

Final report of the Constitutional Commission, 1988

The Constitutional Commission was established in December 1985, chaired by Sir Maurice Byers. It was to report on a revision of the Constitution and established five advisory committees.

Four Commission recommendations were put to a referendum on September 3, 1988. None succeeded.

The proposals were: four year maximum terms for both the Senate and the House of Representatives; fair and democratic parliamentary elections throughout Australia; the recognition of local government; and to extend the right to trial by jury and freedom of religion and to ensure just compensation for property acquired by any government.

The five Advisory Committees produced reports on the specific areas of the Australian judicial system; distribution of powers, executive government; individual and democratic rights and trade and national economy.

1993

An Australian republic: the options - the report of the Republic Advisory Committee, 1993

The Republic Advisory Committee, chaired by Malcolm Turnbull, was established on April 28, 1993 to examine options for an Australian republic.

1998

Report of the Constitutional Convention, 1998

The Constitutional Convention on February 2-13, 1998 was a people’s convention with 152 delegates, 76 of them elected. The convention supported Australia becoming a republic, and proposed a model for bipartisan appointment of the President be put to the people before the end of 1999.

1999

Constitution Alteration (Establishment of Republic) Bill

Constitution Alteration (Preamble) Bill

Presidential Nominations Committee Bill

In November 1999 a referendum will be held to decide whether Australia will become a republic. The bipartisan model and a proposal for a new preamble will be voted on by the electorate. Exposure drafts and explanatory statements are available at:

http://www.dpmc.gov.au/referendum.

* Joanna Longley is a former Australian Law Reform Commission librarian.