Humanities and Social Sciences · Year 9 · Making a Nation (1750–1914) · Term 2

Amending the Constitution: Referendums

Examine the process by which the Australian Constitution can be changed, focusing on the role and history of referendums.

• ACARA Content Descriptions
• AC9C9K01

About This Topic

Amending the Australian Constitution occurs through referendums under section 128, which demands a double majority: over 50% of voters nationally plus majorities in at least four of six states. Since Federation in 1901, Australians have voted on 44 referendums, but only eight passed, including the 1967 vote granting federal powers over Indigenous affairs and the 1977 changes to Senate casual vacancies and retirement ages. Students examine this rigid process to grasp how it protects the federal balance while making change difficult.

This topic fits Year 9 HASS in the 'Making a Nation' unit, aligning with AC9C9K01 on constitutional features. Key inquiries cover success requirements, historical failures due to partisan divides, complex issues, or voter apathy, and modern challenges like building cross-party support amid diverse opinions.

Active learning suits this topic well. Mock campaigns, data analysis of past votes, and class debates turn abstract legal hurdles into engaging experiences. Students practice persuasion, evaluate arguments, and simulate voter decisions, strengthening civic literacy and critical analysis skills.

Key Questions

1. Explain the requirements for successfully amending the Australian Constitution.
2. Analyze why so few referendums have been successful in Australia's history.
3. Predict the challenges involved in gaining public support for constitutional change.

Learning Objectives

• Explain the specific legal requirements for amending the Australian Constitution, including the 'double majority' provision.
• Analyze historical referendum results to identify patterns and reasons for the low success rate of constitutional changes.
• Evaluate the challenges and complexities involved in achieving public consensus for significant constitutional reform in Australia.
• Compare the effectiveness of referendums versus other potential methods for constitutional amendment, considering their strengths and weaknesses.

Before You Start

Structure of Australian Government

Why: Students need a foundational understanding of Australia's federal system, including the roles of the Commonwealth and state governments, to comprehend how constitutional amendments affect this balance.

The Australian Constitution: Origins and Key Features

Why: Prior knowledge of the Constitution's establishment and its fundamental principles is necessary before examining the specific mechanisms for its alteration.

Key Vocabulary

Referendum	A national vote where the entire electorate is asked to vote 'yes' or 'no' on a proposed change to 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 out of the six Australian states.
Section 128	The specific section of the Australian Constitution that outlines the detailed procedure for proposing and passing constitutional amendments via referendum.
Constitutional Convention	A formal meeting where delegates debate and decide on the text of a constitution or constitutional amendments, often preceding a referendum.

Watch Out for These Misconceptions

Common Misconception

A simple national majority vote changes the Constitution.

What to Teach Instead

Section 128 requires double majority: national and majority states. Role-play simulations with state groups help students experience why regional views matter, correcting overemphasis on national numbers through peer negotiation.

Common Misconception

Most referendums in Australia succeed.

What to Teach Instead

Only 8 of 44 have passed, often due to bipartisanship absence. Graphing historical data in pairs reveals patterns like voter caution, while class timelines build accurate context over time.

Common Misconception

Referendums happen often and easily.

What to Teach Instead

They are rare, initiated by Parliament with Governor-General approval. Debates on process steps clarify infrequency, as students argue real-world triggers, reducing assumptions of casual change.

Active Learning Ideas

Simulation Game: Mock Referendum Vote

Divide class into yes and no campaign teams for a fictional constitutional change, such as recognising local government. Teams create slogans, posters, and 2-minute speeches over 20 minutes. Hold a class vote with state groupings to check double majority, then debrief results.

50 min·Small Groups

Data Analysis: Referendum Success Rates

Provide a table of all 44 referendums with yes/no percentages by state. In pairs, students graph success patterns, identify common failure reasons, and present one insight to the class. Conclude with discussion on barriers to change.

35 min·Pairs

Formal Debate: Challenges to Public Support

Assign small groups to debate one key question, such as 'Why do referendums rarely succeed?' or 'What makes gaining state majorities hard?' Each side prepares evidence from history in 10 minutes, debates for 15, and class votes on strongest argument.

45 min·Small Groups

Role-Play: Parliament Proposes Change

Individuals or pairs role-play as politicians proposing a referendum. Outline the bill, predict public reaction, and pitch to a 'parliament' panel. Class votes on proposal viability, highlighting initiation steps.

40 min·Pairs

Real-World Connections

• The Australian Electoral Commission (AEC) manages the logistical and administrative aspects of conducting referendums, ensuring fair and transparent voting processes for millions of citizens.
• Political commentators and constitutional lawyers frequently analyze referendum campaigns and outcomes in major newspapers like The Age or The Sydney Morning Herald, discussing the implications for governance and national identity.
• Citizens often engage in public debate and form opinions on proposed constitutional changes, such as those concerning Indigenous recognition or parliamentary powers, influencing their voting decisions.

Assessment Ideas

Quick Check

Present students with a scenario: 'A proposal to change the voting age to 16 is put to a referendum.' Ask them to list the two main conditions from Section 128 that must be met for this proposal to become law.

Discussion Prompt

Facilitate a class discussion using the prompt: 'Why do you think so few referendums have successfully amended the Australian Constitution since 1901? Consider factors like voter awareness, political campaigning, and the complexity of the issues.' Encourage students to support their points with historical examples.

Exit Ticket

Ask students to write down one significant challenge a government might face when trying to gain public support for a constitutional change. They should also suggest one strategy the government could use to address this challenge.

Frequently Asked Questions

What are the requirements for a successful referendum in Australia?

A referendum needs approval by a double majority under section 128: more than 50% yes votes nationally and in at least four states. Parliament must first pass the proposal with absolute majorities in both houses, or one house twice. This high threshold ensures broad consensus, protecting federalism from hasty changes. Historical analysis shows how state dynamics often block national majorities.

Why have so few Australian referendums succeeded?

Of 44 referendums, only eight passed due to factors like lack of bipartisanship, complex issues confusing voters, and failure to secure state majorities. Examples include 14 failed on state powers. Public apathy or opposition campaigns also play roles. Students analysing vote data see patterns, such as successes tied to non-controversial, unifying proposals like 1967 Indigenous recognition.

How can active learning help teach amending the Constitution?

Active strategies like mock referendums and campaign simulations make the double majority tangible. Students in state groups negotiate support, debate arguments, and tally votes, mirroring real challenges. Data graphing of past results reveals failure patterns, while role-plays as politicians build persuasion skills. These methods boost engagement, retention, and application to current debates over 60-80% more effectively than lectures.

What are examples of successful Australian referendums?

Key successes include 1906 state debt limits, 1967 enabling federal Indigenous laws and census inclusion, 1971 nexus between House and Senate sizes, 1977 filling Senate vacancies by same party and retirement at 70, 1984 interchange of House/Senate powers, and 1999 Australia Act preamble rejection but republic option failure. These highlight rare bipartisanship on practical fixes.