Civics & Citizenship · Year 7 · The Australian Constitution and Parliament · Term 1

Constitutional Change: Referendums

Students will examine the process and challenges of amending the Australian Constitution through referendums.

• ACARA Content Descriptions
• AC9C7K01

About This Topic

Students examine how the Australian Constitution changes through referendums, a process requiring approval by a double majority: more than half the national vote and majority yes votes in at least four of the six states. Since Federation in 1901, only eight of 44 referendum proposals have passed, which highlights challenges such as building consensus across states, crafting clear questions, and sustaining public support.

Landmark examples include the 1967 referendum, which won 90.77% national support to remove sections that excluded Aboriginal and Torres Strait Islander peoples from the census and restricted federal laws for their benefit. Students contrast this with the 2023 referendum on an Indigenous Voice to Parliament, which failed to meet the double majority despite intense national debate. These cases reveal patterns in democratic participation, voter motivations, and representation for First Nations peoples.

This content aligns with AC9C7K01 by building skills to analyze constitutional processes and civic engagement. Active learning benefits this topic because simulations of referendums and campaign role-plays turn abstract legal requirements into hands-on experiences, where students negotiate, persuade, and vote to experience the real barriers to change.

Key Questions

1. Explain the process by which the Australian Constitution can be changed through a referendum, including the double-majority requirement.
2. Analyze the 1967 referendum as a landmark case study, examining its significance for Aboriginal and Torres Strait Islander citizenship rights and why it achieved an unprecedented 90.77% 'Yes' vote.
3. Evaluate the 1967 and 2023 Voice referendums as contrasting examples, comparing their outcomes and what each reveals about democratic participation and First Nations representation.

Learning Objectives

• Explain the specific steps and requirements involved in changing the Australian Constitution via a referendum, including the double majority.
• Analyze the 1967 referendum's historical context, its impact on Aboriginal and Torres Strait Islander rights, and the reasons for its overwhelming success.
• Compare and contrast the 1967 and 2023 referendums, evaluating their differing outcomes and implications for First Nations representation.
• Evaluate the challenges and successes of constitutional change in Australia, using referendums as case studies.

Before You Start

The Australian System of Government

Why: Students need a foundational understanding of Australia's federal structure, including the roles of the Commonwealth Parliament and state parliaments, before examining how the Constitution can be changed.

Parliamentary Democracy in Australia

Why: Understanding the basic principles of parliamentary democracy, including voting and representation, is essential for grasping the concept and significance of referendums.

Key Vocabulary

Referendum	A national vote where the Australian public is asked to vote 'Yes' or 'No' on a proposed law to change the Constitution.
Double Majority	The requirement for a referendum to pass: a majority of voters nationwide AND a majority of voters in at least four of the six states must vote 'Yes'.
Constitutional Amendment	A formal alteration or addition to the text of the Australian Constitution.
Aboriginal and Torres Strait Islander Peoples	The First Peoples of Australia, whose rights and representation have been central to significant constitutional debates and referendums.

Watch Out for These Misconceptions

Common Misconception

A referendum passes with just a national majority vote.

What to Teach Instead

The double majority demands majority support nationally and in four states. Class simulations applying this rule show students firsthand how state divisions block change, building accurate understanding through repeated practice and group reflection.

Common Misconception

The 1967 referendum gave Aboriginal people citizenship for the first time.

What to Teach Instead

Citizenship came via the 1948 Nationality Act; 1967 changed census counting and federal powers. Timeline role-plays help students sequence events correctly and discuss impacts via peer explanations.

Common Misconception

Most referendums succeed if the idea is popular.

What to Teach Instead

Only 8 of 44 passed due to double majority hurdles and wording issues. Debate activities reveal persuasion challenges across 'states,' helping students analyze real data collaboratively.

Active Learning Ideas

Whole Class: Mock Referendum Simulation

Propose a class-relevant constitutional change, such as rights to screen time. Split into yes and no campaign teams to prepare posters and speeches for 15 minutes. Hold a 20-minute debate, then conduct a vote applying double majority rules. Debrief on why it passed or failed.

50 min·Whole Class

Small Groups: 1967 Campaign Role-Play

Assign roles like activists, politicians, and voters from 1967. Groups research perspectives using provided sources for 10 minutes, then perform short skits showing arguments for yes votes. Conduct a class gallery walk to view and discuss all performances.

40 min·Small Groups

Pairs: Referendum Comparison Chart

Partners use timelines and articles to chart differences between 1967 and 2023 referendums on questions, campaigns, and outcomes. Add columns for factors like public sentiment and media role. Pairs share one key insight with the class.

30 min·Pairs

Individual: Success Factors Analysis

Students review data on all 44 referendums and note patterns in the eight successes, such as clear questions or timing. Write a short paragraph predicting success for a hypothetical proposal. Share in a whole-class think-pair-share.

25 min·Individual

Real-World Connections

• The Australian Electoral Commission (AEC) is responsible for managing the technical and logistical aspects of conducting referendums, ensuring fair and accurate voting processes for millions of citizens.
• Political commentators and journalists analyze referendum campaigns, voter sentiment, and outcomes for major news outlets like the ABC or The Sydney Morning Herald, shaping public understanding and debate.
• Community leaders and advocacy groups for Aboriginal and Torres Strait Islander peoples actively engage in public discourse and campaigning during referendums, aiming to influence voter decisions and advance their communities' interests.

Assessment Ideas

Quick Check

Present students with a scenario: 'A proposed change to the Constitution is put to a referendum. 51% of voters nationwide vote Yes, but only 3 states have a majority Yes vote.' Ask students: 'Did this referendum pass? Explain your answer using the term 'double majority'.'

Discussion Prompt

Facilitate a class discussion using the prompt: 'Why do you think the 1967 referendum achieved such a high 'Yes' vote, while the 2023 referendum did not? Consider the different historical contexts, the specific questions asked, and the nature of the proposed changes.'

Exit Ticket

Ask students to write down two key differences between the 1967 and 2023 referendums, and one reason why changing the Australian Constitution is a difficult process.

Frequently Asked Questions

What is the double majority rule for Australian referendums?

To amend the Constitution, a referendum needs more than 50% yes votes nationally plus yes majorities in at least four of six states. This protects smaller states from national dominance. Since 1901, it has ensured changes reflect broad agreement, with successes often tied to simple, unifying questions like 1967's Indigenous rights amendments.

Why did the 1967 referendum get over 90% support?

The 1967 vote removed discriminatory Constitution clauses on Aboriginal people, allowing census inclusion and federal laws for their welfare. Public campaigns by leaders like Vincent Lingiari built widespread empathy after decades of inequality. It marked a turning point in recognition, passing easily due to clear moral consensus across states.

How do the 1967 and 2023 referendums compare?

Both addressed First Nations rights: 1967 succeeded overwhelmingly by deleting exclusions; 2023 failed on creating a Voice advisory body. Key differences include 1967's simple question versus 2023's complexity, plus shifts in media and polarization. They show evolving democratic challenges in representation.

How can active learning help teach constitutional referendums?

Active strategies like mock votes and role-plays make double majority rules tangible as students campaign and tally results across 'states.' Debates on 1967 versus 2023 build analysis skills through persuasion practice. These methods boost retention of abstract processes by 30-50% via participation, while fostering civic discussion in safe class settings.