Civics & Citizenship · Year 9 · Foundations of Australian Democracy · Term 1

Referendums: Process of Change

Exploring the mechanism of Section 128 for changing the Australian Constitution, detailing the steps involved in a referendum.

• ACARA Content Descriptions
• AC9C9K01

About This Topic

Section 128 of the Australian Constitution outlines the referendum process for formal changes, a key mechanism in the federation's democratic framework. Students first identify how proposals start in Parliament: a bill must pass both houses, or one house twice, before heading to a referendum. Voters then decide with a double majority requirement: over 50 percent nationally, plus majorities in at least four of six states. Territories vote but count only toward the national tally. This process has succeeded only eight times in 44 attempts since 1901.

Aligned with AC9C9K01 in the Australian Curriculum, students explain these steps, compare them internationally, such as the United States' two-thirds congressional approval plus three-quarters of states ratifying, or the United Kingdom's simpler parliamentary sovereignty without public votes, and evaluate if Australia's threshold truly reflects public will amid low success rates.

Active learning benefits this topic through role-plays and simulations. When students act as parliamentarians debating bills or tally mock referendum results across 'states,' they experience federal tensions and consensus challenges directly, turning procedural knowledge into practical civic insight.

Key Questions

1. Explain the steps involved in holding a constitutional referendum.
2. Compare the Australian referendum process with constitutional amendment processes in other countries.
3. Evaluate whether the current referendum process adequately reflects public will.

Learning Objectives

• Explain the sequential steps required for a constitutional referendum in Australia, from parliamentary proposal to public vote.
• Compare and contrast the Australian referendum process with constitutional amendment procedures in at least two other democratic nations.
• Analyze the impact of the 'double majority' requirement on the success rate of Australian referendums.
• Evaluate the effectiveness of the Section 128 referendum process in reflecting the will of the Australian people.

Before You Start

Structure of Australian Government

Why: Students need a foundational understanding of the federal system, including the roles of the Parliament (House of Representatives and Senate) and the High Court, to comprehend how constitutional change is initiated and managed.

Principles of Australian Democracy

Why: Knowledge of concepts like representative democracy, the rule of law, and the significance of the Constitution is essential before exploring the specific mechanism of constitutional change.

Key Vocabulary

Referendum	A national vote where the entire electorate is asked to vote on a specific proposal, often to change the Constitution.
Section 128	The specific section of the Australian Constitution that details the process for proposing and approving constitutional amendments through a referendum.
Double Majority	The requirement for a referendum to pass, needing a majority of voters nationwide and a majority of voters in at least four of the six Australian states.
Parliamentary Sovereignty	The principle that Parliament has supreme legal authority and can create or end any law, often contrasted with constitutional amendment processes requiring public votes.
Constitutional Amendment	A formal alteration or addition to the text of a country's constitution.

Watch Out for These Misconceptions

Common Misconception

A national majority vote alone changes the Constitution.

What to Teach Instead

Referendums require double majority: national plus four states. Mock voting simulations let students tally results across groups acting as states, revealing why federal balance protects smaller states and corrects overemphasis on population size.

Common Misconception

The government can call a referendum without Parliament's approval.

What to Teach Instead

Proposals must pass parliamentary hurdles first. Flowchart activities with relay reviews help students sequence steps accurately, as peer checks expose skipped parliamentary stages and reinforce the legislative trigger.

Common Misconception

Referendums work like general elections with simple majorities.

What to Teach Instead

The higher threshold demands broader consensus. Role-play debates followed by multi-stage votes demonstrate this distinction, as students see familiar election logic fail, building deeper understanding through trial and reflection.

Active Learning Ideas

Mock Referendum Simulation: Double Majority Vote

Present a fictional constitutional amendment on class rights. Divide into six state groups to debate pros and cons for 10 minutes. Hold a whole-class vote, tally national and state results, then analyze if double majority passed. Debrief on real-world implications.

50 min·Small Groups

Flowchart Relay: Section 128 Steps

Pairs create flowcharts of the referendum process on poster paper, adding one step per turn. Switch papers with another pair to complete and peer-review for accuracy. Share completed charts in a gallery walk.

35 min·Pairs

Jigsaw: Global Processes

Assign small groups one country (e.g., USA, NZ, Canada) to research amendment steps. Experts teach their process to new home groups via posters or skits. Groups evaluate Australia's process against others.

45 min·Small Groups

Debate Carousel: Reflecting Public Will

Pose statements like 'The double majority is too strict.' Rotate pairs through four stations to argue for or against with evidence. Vote anonymously at end and discuss shifts in opinion.

40 min·Pairs

Real-World Connections

• Constitutional lawyers and parliamentary advisors analyze Section 128 to guide governments and citizens on the feasibility and process of proposed constitutional changes, such as those debated for Indigenous recognition.
• Political scientists study referendum outcomes, like the 1999 republic referendum or the 2017 Indigenous Voice to Parliament referendum, to understand patterns of public opinion and the challenges of constitutional reform in Australia.
• Electoral commissions, such as the Australian Electoral Commission (AEC), manage the logistical and administrative aspects of conducting national referendums, ensuring fair and accurate voting processes.

Assessment Ideas

Quick Check

Present students with a scenario: 'A proposed change to the Constitution regarding national environmental standards has passed the House of Representatives but failed in the Senate. What is the next step according to Section 128?' Students write their answer on a mini-whiteboard.

Discussion Prompt

Facilitate a class debate using the prompt: 'Does the double majority requirement in Australian referendums fairly represent the will of the people, or does it disproportionately favor certain states?' Encourage students to cite historical referendum results to support their arguments.

Exit Ticket

Ask students to list the three most critical stages of the Australian referendum process and briefly explain why each stage is important for constitutional change.

Frequently Asked Questions

What are the steps in an Australian constitutional referendum?

A bill proposing change passes both houses of Parliament or one house twice. It goes to referendum where voters approve by double majority: over 50 percent nationally and in at least four states. If successful, the Governor-General proclaims the amendment. This process, per Section 128, ensures federal agreement and has passed only eight of 44 times.

How does Australia's referendum process compare to the USA?

Australia requires parliamentary passage then double majority referendum. The USA needs two-thirds of Congress then ratification by three-quarters of states, often via legislatures, not always public vote. Australia's public referendum adds direct democracy but higher failure rate; USA's emphasizes state legislatures for balance.

Why have so few Australian referendums succeeded?

The double majority is stringent: national support must align with four states, protecting federalism but blocking change without widespread backing. Partisan divides, poor timing, or vague proposals contribute. Only successes like 1967 Indigenous rights show rare unity across divides.

How can active learning help teach the referendum process?

Simulations like mock votes across 'state' groups make double majority tangible, as students experience failure despite national support. Jigsaws on international comparisons build expertise through teaching peers. Debates evaluate public will reflection, fostering critical analysis. These methods shift passive recall to engaged civic reasoning, aligning with Year 9 inquiry skills.