b) The 1997 and 2023 Referendum to recognise Aboriginal and Torres Strait Islander peoples 25/09/25

1. The 1967 Referendum

  • Held on 27 May 1967.

  • Australians voted overwhelmingly (90.77% YES) to amend the Constitution.

  • Two key changes:

    1. Aboriginal people were now to be counted in the national census.

    2. The federal government gained the power to make laws for Aboriginal people (previously, only states had this authority).

  • This referendum did not grant voting rights (these were progressively granted earlier, from 1962 at the federal level), but it was a landmark in recognition and equality.

  • Significance: It was a moral victory, showing popular support for Aboriginal rights, and it laid the foundation for later land rights and equality movements.


2. The 2023 Voice Referendum

  • Held on 14 October 2023.

  • Proposed to amend the Constitution to recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia and create a Voice to Parliament (an advisory body).

  • Result: Defeated (about 60% voted NO nationally).

  • Reasons for rejection included debates over constitutional change, lack of bipartisan support, and concerns about legal or political implications.

  • Significance: Showed ongoing division in how Australia addresses reconciliation and Indigenous representation in governance.


3. Legal Importance of Referendums in Australia

  • Under Section 128 of the Australian Constitution, any constitutional change must be approved by a referendum.

  • To succeed, a referendum needs a double majority:

    • A majority of voters nationwide, and

    • A majority in at least four of the six states.

  • This makes constitutional change in Australia very difficult — only 8 out of 45 referendums have succeeded since Federation in 1901.


πŸ“š References (Harvard Style):

  • Attwood, B. & Markus, A. (2007). The 1967 Referendum: Race, Power and the Australian Constitution. 2nd ed. Canberra: Aboriginal Studies Press.

  • Williams, G. & Hume, D. (2020). People Power: The History and Future of the Referendum in Australia. Sydney: UNSW Press.

  • Australian Electoral Commission (2023). Referendums. [Online] Available at: https://www.aec.gov.au