A referendum in Australia is a constitutional vote where all eligible citizens decide whether to change the Australian Constitution. It's the only legal method for altering our nation's founding document, requiring broad support across both the population and the states. Understanding how referendums work is essential for participating in Australia's most important democratic decisions.
The Constitution — how Australia changes its founding document
What is a Referendum?
A referendum in Australia is a vote to change the Constitution. Unlike elections which choose representatives, referendums ask citizens to vote directly on proposed changes to Australia's founding legal document, as required by Section 128 of the Constitution.
Key Referendum Facts
Referendums are held for the sole purpose of changing the Australian Constitution, as mandated by Section 128. For a referendum to succeed, it must achieve a "double majority," meaning a national majority of voters and a majority in at least four of the six states. Voting is compulsory for all enrolled citizens, and despite 44 attempts, only 8 referendums have been successful.
Constitutional Background
Section 128 of the Constitution
The referendum process is established in Section 128 of the Australian Constitution, which was designed by the founding fathers to make constitutional change possible but deliberately difficult.
"This Constitution shall not be altered except in the following manner: The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament..."
Why Referendums Are Required
The Constitution is designed to be the supreme law, above ordinary legislation. The referendum requirement ensures democratic legitimacy by giving constitutional changes direct popular approval. It also maintains federal balance by protecting both national and state interests, provides stability by preventing the Constitution from being changed on political whims, and requires broad consensus with widespread agreement across the community.
How the Referendum Process Works
Step 1: Parliamentary Proposal
Only the federal Parliament can initiate a referendum by proposing a constitutional amendment. A constitutional alteration bill must be introduced and pass both houses with an absolute majority - more than half of all members, not just those present. Both houses must pass identical wording, and if they disagree, the House of Representatives can proceed alone after three months under specific circumstances.
Step 2: Referendum Campaign
Once Parliament approves the proposal, a referendum campaign period begins. A minimum of two months' notice must be given before the vote, and the referendum must be held within six months of the bill's passage. The government provides funding for both "Yes" and "No" campaigns, and the Australian Electoral Commission distributes neutral information to educate the public. This period is marked by extensive media coverage and public debate.
Step 3: The Vote
All enrolled Australian citizens participate in the referendum vote with the same compulsory attendance obligations as federal elections. The ballot is typically simple, usually offering just "Yes" or "No" options, and voting occurs at regular polling places. Postal and early voting options are available for eligible voters who cannot attend on referendum day.
The Double Majority Requirement
Australia's referendum system requires two separate majorities for success - this is known as the "double majority":
National Majority
More than 50% of all valid votes cast across Australia must vote "Yes"
- Counts every vote equally
- Represents the will of the people
- Democratic principle of majority rule
State Majority
At least 4 of the 6 states must have a majority "Yes" vote
This requirement protects the interests of smaller states, ensures there is a federal consensus for the change, and prevents the most populous states from dominating the outcome.
Why the State Majority is Required
The state majority requirement is designed to protect the interests of smaller states, ensure federal consensus, and prevent the larger states from dominating the process of constitutional change.
Why the Double Majority?
The double majority system reflects Australia's federal structure. It balances the democratic principle of "one person, one vote" with the recognition that Australia is a federation of states. This ensures broad-based support for any constitutional change and provides stability by making alterations to the Constitution a deliberate and widely-supported process.
Territories in Referendums
The ACT and Northern Territory vote in referendums, but their votes only count towards the national majority, not the state majority. This reflects their different constitutional status as territories rather than states.
History of Australian Referendums
Success Rate
Australian referendums have a historically low success rate, reflecting the deliberately high threshold for constitutional change:
Referendum Statistics (1901-2023)
Successful Referendums
The eight successful constitutional amendments have covered various topics:
1906 - Senate Elections
Allowed Parliament to set dates for Senate elections
1910 & 1928 - State Debts
Allowed the Commonwealth to take over and manage state debts
1946 - Social Services
Gave the Commonwealth power to legislate on a range of social services
1967 - Aboriginal Affairs
Allowed the Commonwealth to make laws for Aboriginal people and include them in the census
1977 - Three Questions
Set a retirement age for federal judges, ensured Senate casual vacancies are filled by a member of the same party, and allowed territory residents to vote in referendums.
Notable Unsuccessful Referendums
Many significant proposals have failed despite strong arguments. These include the 1999 referendum to establish a republic, four questions in 1988 that included recognition of local government, and the 2023 referendum on an Indigenous Voice to Parliament. Other failed proposals have covered topics such as democratic elections and the alignment of House and Senate terms.
How to Vote in a Referendum
The Referendum Ballot
Referendum ballots are typically much simpler than election ballots. They usually contain a single question about the proposed constitutional change and require voters to write either "Yes" or "No." The ballot paper is separate from any election ballots and clearly explains the proposed alteration.
Information Sources
Voters receive information from multiple sources to make an informed decision. The government funds an official "Yes/No" pamphlet that is sent to all households, outlining the arguments for and against the proposal. The Australian Electoral Commission provides neutral, factual information about the process, the proposed change, and how to vote.
Recent Referendum: 2023 Indigenous Voice
The Proposal
The most recent referendum in 2023 asked Australians to vote on recognising Aboriginal and Torres Strait Islander peoples in the Constitution through establishing an Indigenous Voice to Parliament.
The question was: "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?"
The Result
The referendum was unsuccessful, failing to achieve either a national majority or a majority in any state:
- National result: Approximately 39% Yes, 61% No
- State results: No state achieved a Yes majority
- Turnout: Over 90% of enrolled voters participated
Why Do Most Referendums Fail?
The "No" Campaign Advantage
Several factors contribute to the high failure rate of Australian referendums. There is often a "status quo bias," where voters prefer to keep things the same if they are uncertain. The double majority requirement itself sets a high bar, and partisan politics can lead opposition parties to campaign against government proposals. The complexity of constitutional language and a fear of unintended consequences also contribute to voter caution.
Successful Referendum Characteristics
Successful referendums have typically shared certain features. They usually have bipartisan support from the major political parties and offer a clear, practical benefit to governance. Successful proposals are often non-controversial, presented in simple language, and enjoy a broad consensus of support from diverse groups in society.
International Comparison
Australia vs Other Countries
Australia's referendum system is more restrictive than that of many other democracies. For example, Ireland uses a simple majority system and has a much higher success rate. Switzerland holds regular referendums with simpler majority requirements. The United States has a complex ratification process for constitutional amendments, but it does not require a direct national vote. New Zealand has no formal written constitution and therefore no referendum requirement for constitutional change.
Alternative Models
Some constitutional scholars have proposed alternative models for Australia to make constitutional change more achievable. These include removing the state majority requirement in favour of a simple national majority, requiring a higher "super-majority" of 60% of the national vote, using citizens' assemblies to develop and consider proposals, or allowing Parliament to make certain constitutional changes directly.
Frequently Asked Questions
What is a referendum in Australia?
A referendum in Australia is a vote by the entire Australian electorate to decide whether to change the Australian Constitution. It's the only way the Constitution can be altered, requiring both a national majority and a majority in at least four of the six states to succeed.
How often do referendums happen in Australia?
Referendums in Australia are relatively rare. Since Federation in 1901, there have been 44 referendum questions asked across 19 referendum events. The most recent referendum was in 2023 on Indigenous Voice to Parliament. Referendums can only be held when Parliament proposes constitutional changes.
What are the requirements for a referendum to pass in Australia?
For a referendum to pass in Australia, it must achieve a 'double majority': a majority of voters nationwide (over 50%) AND a majority of voters in at least four of the six states. This ensures both popular support and federal consensus for constitutional change.
How many referendums have been successful in Australia?
Only 8 out of 44 referendum questions have been successful in Australia since 1901. The last successful referendum was in 1977, which concerned the retirement age of judges and Senate casual vacancies. The high failure rate reflects the deliberately difficult process for constitutional change.
The Future of Referendums in Australia
Referendums remain the cornerstone of constitutional change in Australia, embodying the principle that the people themselves must approve alterations to their fundamental law. While the high failure rate can be frustrating, it reflects the careful design of our constitutional system to ensure that changes have broad and lasting support.
The referendum process protects both majority rule and minority rights, ensuring that constitutional changes reflect not just the will of the majority, but also have support across Australia's federal structure. This balance between accessibility and stability has served Australia well, even if it means that constitutional reform is difficult to achieve.
Understanding how referendums work helps you participate meaningfully in these crucial democratic decisions. When the next referendum comes, you'll know how your vote fits into the larger process of constitutional change and why your participation matters for the future of Australian democracy.
The referendum process is overseen by the Australian Electoral Commission, which ensures all eligible voters can participate in this crucial democratic process.
The double majority requirement was designed by the founders to ensure that constitutional change has broad support across the nation. This system reflects Australia's federal structure, similar to how our Senate and House of Representatives balance different forms of representation.
The referendum process begins in Parliament, where proposed constitutional amendments must first be passed. The Parliamentary Library provides detailed analysis of how this process works:
Australia has held 44 referendums since Federation, with only 8 succeeding. The Australian Electoral Commission maintains comprehensive records of all referendum results.
The most recent referendum was held in 2023 on Indigenous recognition, which was unsuccessful. For more information about how different groups participate in Australian politics, see our guide to Australia's political parties.
Understanding referendums is crucial for participating in Australia's democracy. They represent the only way citizens can directly change the Constitution, making them one of the most important democratic processes in our system. For more information about how our government works, explore our guide to Australia's three levels of government and how they interact with constitutional law.