MBARGOED AGAINST DELIVERY
PRIME MIVNISTER
PRIME MINISTER'S SPEECH TO VICTORIAN REFERENDUM CAMPAIGN ME3TING
9TH MAY, 1977
I'm very glad that the first meeting I am addressing in this
referendum campaign has been organised by the women's sections
in Victoria, because if the women's sections are behind the
referendum proposals, then the proposals have gone a long way
toward succeeding before even a single vote is cast.
This campaign is a vital one because the success of the four
referendum proposals on Saturday week is of fundamental
importance to the constitutional development of Australia,
It will determine whether or not we are capable of making sensible,
practical and major reforms. Reforms which are considered and
necessary, reforms which will irtprove and enhance our constitution.
The four referendum proposals are all these things.
The Constitution our Founding Fathers wrote has served us well.
The Constitution is not outdated, nor has it outlived its
usefulness just because it was' drafted over 70 years ago.
But every so often, reform of our Constitution is required.
Reform which maintains the vitality of the Constitution.
Reform which brings parts of the Constitution into line with
contemporary reality.
The four proposals being put up for referendum are designed
to do these things, and I am sure that they will succeed.
Indeed, if we campaign hard and effectively, there is no reason
why they should not be carried in all States.
I am confident of success because the proposals are fair, sensible
and just and because they fulfil all the requirements the Australian
people have demanded of constitutional changes in the past.
The changes have been the subject of long and careful debate
and extensive consultation.
The principles of all four referendums were discussed in detail
at the Hobart Constitutional Convention last year. At that
Convention, the Commonwealth, all the States, local Government
and all the major parties were represented.
The principles of the four proposals were adopted overwhelmingly
by the Convention. The changes are supported on a bipartisan
basis by all the major Federal parties. Each of the four proposals
we are now supporting was passed in the House of representatives
without a single dissenting voice, and each was passed by an
overwhelming majority in the Senate.
The changes do not ask for more power for politicians. They do
not ask for more power for Canberra. They do not take anything
away from the States.
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Putting the four proposals forward is evidence Of ou-r concern
to mrake necessary constitutional reforms, arnd of our support for
the Constitutional Convention.
The Convention was established by the JMcPlahon Liberal Gover-nment,
and has met on a number of occasions.
it is due to meet again in Pexth : later this year.
There is of course no point to the Convention unless the
Governmenit is prepared to give the people the opportunity tLo
vote on those proposals which are supported on all sides and
clearly have Mzit.
These four changes are thesoe. First that Senate and House of
Representatives elections always be held at the same time. xt
is siimply commonsense that the elections be held together and
that the only time you have to vote An. a P'ederal Blectiocn is when
you have to choose Australia's Government.
This proposal will rritain and st&-rengthen the Senate. It also
means we will not have to vote in as many Federcal elections.
ctherwise we could have as many as four elections in the next
four yeaxs.
It is sometimes said that the elections can be brought together
by bringitig the Biouse of Represeiitatives election forward to
the same tinme as the Senate'S. That is not practical.
flepite the -act that the elections for the two HOUSes Were
held t;-, ogether at the last double dissolution, they are now
out of pha1I-se.
This is bevause the Senate's tem is fixed by the constitution
and is back dated to the previous July 1-Wile the term for
the House of Representatives dates from the timne mem-bers are
sworn i-n. Usually a fewq weeks after the election.
Thus, if the elections were to be brought together, under present
conditions there would he the continued risk of cutting short
the tearm of the House of Representatives
This at th-ree years isalzeady relatively short.-Further reducing
it would not help good Government.
The Senate; fax from being weakened will be strengthened and
protected Aby the simultaneous election proposal. Pequirinlg at
least ha1f the Senate to go to an election if it forces the
Gover-nment to go to the people will actually strengthen the
Senate. In 1975 it Was quite by chance that certain bills existed which
enabled the Governor-General to order a double dissolution and
na-ce. both H-ouses face election.
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Had this not been the case, and the Senate not been. able, to f ace
the people at the same time. A number of Senators would not
have agreed to block supply. They would not have felt they
had the right to mak'e the Rouse of Representatives go to an
election without the voters being able to pass a judgemnent on
the Senate's actions at the same time.
The Senate's powers are great. But if the present situation,
where the Senate can send the House of Representatives to an
election alone persists, I can foresee two alternative
consequences either of which will diminish the Senate's power
and authority.
On the other hand, the Senate might ref use to use its power
to check a bad government unless there are the circumstances
which would permit a double dissolution.
Senators would not act because tbtir actions could not be judged
by the people at the election. This would erode the Senate's
powers. Alternatively, if the Senate were to act to make the House of
Representatives face the people without going to an election
themselves. Then there would be a public outcry against the
Senate which would lead to the Senate's powers being restricted
or abolished.
Either of these alternatives would be bad for democratic goverment
bad for the States, bad for Australiaj bad for the Senate.-That is
, Why it is important that tbhis--referendum be passed.
The second referendum proposal is that, whenever a Senator '-dies
or resigno, he will be replaced, for the remainder of his
term of office, by a member of the same party.
This will guarantee that your choice of parties for t-he Senate
cannot be altered, by accident or design. Our system of
proportional representation for the Senate is designed to ensure
that the Senate represents all sectors of the electorate in
precisely the correct proportions.
Yet under the constitution as it presently stands, a vacancy in
the Senate can result in a complete change in the party balance.
It is fundamental to our democracy that only the people should
determine the balance of the parties in the Senate.
Once this proposal is accepted the peoples choice will be
preserved until they have an opportunity to make another choice
at the next election. I
The third referendum proposal is that voters in the Australian
Capital Territory and Northern Territory should have a vote
in all future referendums.
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it is extraordinary that territorial vroters have for so long
been denied this funda-mental right. A right all other
Australianrs have.
I know of no rational or rcasonable argument for denying
territorial voters this basic right. Territo'rial votercs have
the samne obligations as other Australians.
They pay tax es, they are obliged to observe the laws of the
Comionw~ ealth. They vote for members of Parliament. The outeonie
of referend-ams affect then. as much as they do other Australians.
Our democracy is the weaker u. ntil the voters of the territories
have the basic right to vote in referendums restored to them.
The fourth arid * final referendum proposal is to set a retiring
age for-Fedexal Justices.
Bigh Court Juatices would retire at 70 and -the retirement age
f or other Federal Court Judges would be determined by Pañ liantent.
The proposal does not affect the terms of Judges alrea-dy appointed
to the Bench. There is thus no question of breaching the
existing Judges ter-ms of appointment. This proposal is only
reasonable.
Most jobs have retirement ages, arid for good reason,
are as affected by old age as the rest of us.
Iis only JFair that after the age of 70, responsibility should
be ha-nded over to younger people. ' This is even more important
now that'--the new system of Federal ' anmily Courts have been
set. ulp.
All foury referendum proposals are fair, just an~ d rea~ onable.
They meet all the requirement16s for-success-They have been
thce subject of extensive consideration and consultation.
They have the support of all major Federal Parties.
They do no Divolve more power for Canberra. They will make
the Consti-tution work better. The polls show that all the
referendums are supported by substantial majorities in all States.
But we all kn~ ow thatthere is no sure guarantee of defeat than
complacently believing. success is assured.
To guarantee success, we should all go out and work f or the
referendums by talking to people about them, by Inianning polling
booths, by doing all we can to increase support for them.
If we do this, -then I have no doubt the referendums% will be agreed
to by a majority of people in all the States.
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