A -2 STER
EMBARGOED UNTIL DELIVERY CHECK AGAINST DELIVERY
SPEECH BY THE PRIME MINISTER
OPENING OF THE CONSTITUTIONAL COMMISSION
SYDNEY 31 JANUARY 1986
MY COLLEAGUE THE ATTORNEY-GENERAL, THE CHIEF JUSTICE OF NEW
SOUTH WALES, COMMISSION MEMBERS AND MEMBERS OF ADVISORY
COMMITTEES, THE CANADIAN HIGH COMMISSIONER MR SCHREYER,
DISTINGUISHED GUESTS, LADIES AND GENTLEMEN.
IT IS WITH PLEASURE THAT I JOIN YOU FOR THE OPENING OF THE
CONSTITUTIONAL COMMISSION. THE COMMISSION IS UNIQUE IN
AUSTRALIA'S HISTORY OF CONSTITUTIONAL REFORM AND BRINGS WITH
ITS ESTABLISHMENT NEW HOPE FOR THE RENEWAL OF OUR
CONSTITUTIONAL FRAMEWORK.
THE CONVENTIONAL WISDOM, OF COURSE, IS THAT CONSTITUTIONAL
REFORM IN AUSTRALIA IS TOO HARD. THE CONSTITUTION LAYS DOWN
AN ONEROUS PROCEDURE FOR ITS AMENDMENT: AFTER PASSING
THROUGH PARLIAMENT A PROPOSAL MUST OBTAIN A MAJORITY OF
VOTES THROUGHOUT THE NATION AND A MAJORITY OF VOTES IN A
MAJORITY OF STATES. EXPERIENCE WITH ATTEMPTED AMENDMENTS
SINCE FEDERATION HAS BEEN LESS THAN HEARTENING. THERE IS A
LONG HISTORY OF FAILED REFERENDUMS, WITH ONLY 8 OUT OF 38
PROPOSALS BEING SUCCESSFUL. THIS IS AN 80% FAILURE RATE.
OUR OWN RELATIVELY RECENT EXPERIENCE WITH REFERENDUMS FALLS
INTO THE SAME PATTERN. FOR MANY OF US IN GOVERNMENT IT WAS
AN OCCASION TO BE REMINDED OF THE FRUSTRATION AND
DISAPPOINTMENT WHICH HAS BEEN THE LOT OF THOSE WHO HAVE HAD
AN EXTENDED INVOLVEMENT IN THE AREA OF CONSTITUTIONAL
REFORM. LIKE THEM, WE HAVE HAD TO STRUGGLE TO MAINTAIN
ENTHUSIASM AND VISION FOR THE PROSPECTS OF CONSTITUTIONAL
CHANGE. MANY COMMENTATORS, I FEEL SURE, IMAGINED THAT IT
WOULD BE A CONSIDERABLE PERIOD OF TIME BEFORE THIS
GOVERNMENT AGAIN VENTURED INTO . THE AREA OF CONSTITUTIONAL
REVIEW.
2.
THE FACT THAT THIS HAS NOT BEEN THE CASE IS DUE IN NO SMALL
PART TO THE VISION OF THE PRESENT ATTORNEY-GENERAL, AND AS A
RESULT WE ARE TODAY MARKING THE COMMENCEMENT OF A BODY WHICH
GIVES NEW HOPE FOR THE SENSIBLE REVISION OF OUR
CONSTITUTION.
NO DOUBT SOME OBSERVERS WILL THINK THAT THERE IS A TOUCH OF
THE HEROIC ABOUT THIS COMMISSION'S TASK. BUT, WHATEVER THE
EVENTUAL RESULTS OF THIS COMMISSION'S ENDEAVOURS,' I AM
CONVINCED THAT IT IS NOT-' TILTING AT WINDMILLS'. THE TASK
FACING THE COMMISSION, THOUGH DAUNTING, IS ROOTED IN
REALITY. IN THEFIRST PLACE IT IS MY VIEW THAT CONSTITUTIONAL CHANGE
IS ACHIEVABLE. I DO NOT BELIEVE THAT THE EXTREMELY MODEST
ACHIEVEMENTS OF THE PREVIOUS 85 YEARS CAN BE CONSIDERED AN
ACCURATE REFLECTION OF THE AUSTRALIAN COMMUNITY'S CAPACITY
FOR CONSTITUTIONAL REFORM. OUR RECORD OF UNSUCCESSFUL
REFERENDUMS DOES NOT MEAN THAT AUSTRALIANS ARE INCAPABLE OF
ACHIEVING FUNDAMENTAL CHANGE BUT, RATHER, THAT SUCH CHANGES
MUST BE CLEARLY EXPLAINED TO THE PEOPLE AND MUST ALSO BE
DEVELOPED IN CONSULTATION WITH THE PEOPLE.
THE GOVERNMENT RECOGNIZES THE REALITY THAT AUSTRALIANS NEED
TO BE LEAD TO CONSTITUTIONAL REFORM NOT PUSHED.
THE'GOVERNMENT ALSO RECOGNIZES THAT AUSTRALIANS WILL NOT
SUPPORT CONSTITUTIONAL REFORM IF THEY SUSPECT THAT SUCH
PROPOSALS ARE BEING ADVANCED FOR PARTISAN POLITICAL
PURPOSES.
THE COMMISSION REPRESENTS A NEW APPROACH TO REFORM , OF THE
CONSTITUTION.' IN CONTRAST TO SOME PREVIOUS-EFFORTS IT IS A
VERY PRACTICAL UNDERTAKING'WHICH WILL GO OUTSIDE THE
COMMONWEALTH AND STATE PARLIAMENTS TO MAKE USE OF THE
TALENTS AND RESOURCES OF LEADING AUSTRALIANS FROM MANY
FIELDS. THE WIDE RANGE OF COMMUNITY INTERESTS AND TALENT
THAT IS REPRESENTED IN THE COMMISSION AND ITS ADVISORY
COMMITTEES SHOULD ENSURE THAT PROPOSALS ARE EXAMINED FROM A
VARIETY OF PERSPECTIVES THAT ARE OF CONCERN TO AUSTRALIANS.
IT IS THE GOVERNMENT'S HOPE THAT THE COMMISSION AND ITS
COMMITTEES WILL OPERATE WITH-THE MAXIMUM DEGREE OF
INFORMALITY AND IN A WAY THAT MAXIMIZES PUBLIC INVOLVEMENT
AND INTEREST IN POSSIBLE ALTERATIONS TO THE CONSTITUTION.
IN THIS WAY THE EFFORTS OF THIS GROUP OF ACTIVE AND
ARTICULATE AUSTRALIANS MAY SERVE TO DEMYSTIFY THE
CONSTITUTIONAL PROCESSES AND ENCOURAGE THOUGHTFUL
CONSIDERATION BY ORDINARY AUSTRALIANS OF THE SHAPE OF OUR
CONSTITUTION. THIS WOULD CLEAR THE WAY FOR THE BUILDING OF
THE KIND OF CONSENSUS THROUGHOUT THE COMMUNITY THAT IS
NECESSARY IF SUCCESS IS TO BE ACHIEVED.
THE GOVERNMENT HAS CONSCIOUSLY SOUGHT TO SET UP THE
COMMISSION AND ADVISORY COMMITTEES ON A NON-PARTISAN BASIS
AND IS HOPEFUL THAT THIS WILL CONTRIBUTE TO THE FOSTERING OF
AN AGREED VIEW AMONG THOSE IN AUSTRALIAN POLITICS WHO GIVE
LEADERSHIP ON SUCH MATTERS TO THE AUSTRALIAN PEOPLE.
AS A GOVERNMENT WE SEEK REFORM WHICH IS REAL, DURABLE AND
ACHIEVABLE WITHOUT BEING PARTISAN. AND AS GOVERNMENT WE
WILL SUPPORT THE EFFORTS OF THE COMMISSION TO BRING ABOUT
THIS OUTCOME.
QUITE APART FROM CONSIDERATIONS OF ACHIEVABILITY, THERE IS
ALSO THE WORTH OF THE EXERCISE IN ITSELF. THE PRESENT
GOVERNOR-GENERAL WHEN ADDRESSING HIS FIRST SESSION, OF THE
CONSTITUTIONAL CONVENTION IN ADELAIDE QUOTED THE GREAT
AMERICAN PATRIOT AND DEMOCRAT THOMAS JEFFERSON AND I SHALL
QUOTE THE SAME WORDS:
" SOME MEN LOOK AT CONSTITUTIONS WITH SANCTIMONIOUS
REVERENCE, AND DEEM THEM LIKE THE ARK OF THE COVENANT,
TOO SACRED TO BE TOUCHED. THEY ASCRIBE TO THE MEN-OF
THE PRECEDING AGE A WISDOM MORE THAN HUMAN, AND SUPPOSE
WHAT THEY DID TO BE BEYOND AMENDMENT LAWS AND
INSTITUTIONS MUST GO HAND IN HAND WITH THE PROGRESS OF
THE HUMAN MIND WE MIGHT AS WELL REQUIRE A MAN TO
WEAR THE COAT THAT FITTED HIM AS A BOY, AS CIVILIZED
SOCIETY TO REMAIN EVER UNDER THE REGIME OF THEIR
ANCESTORS."
WE OWE IT TO OURSELVES AND TO FUTURE AUSTRALIANS TO DO OUR
VERY BEST TO ENSURE THAT OUT CONSTITUTIONAL FRAMEWORK IS
EFFECTIVE AND WELL ADAPTED TO MODERN NEEDS AND
CIRCUMSTANCES. TO DO OTHERWISE MAY CONSIGN US TO WEARING
THAT ' BOY'S COAT' AND MAKING DO WITH A RIGIDITY IN OUR
GOVERNING INSTITUTIONS WHICH HOLDS BACK'OUR DEVELOPMENT AS A
NATION. WE MUST PERSEVERE AT THE TASK OF CONSTITUTIONAL REFORM. TO
TAKE AN EXAMPL. E WHICH WILL BE FAMILIAR TO OUR GUEST THE
CANADIAN HIGH COMMISSIONER WHO IS A FORMER
GOVERNOR-GENERAL OF CANADA I THINK IT IS TRUE TO SAY THAT
UNTIL RECENTLY THERE WAS SIMPLY NO FORMULA IN THE CANADIAN
CONSTITUTION FOR AMENDING'THAT CONSTITUTION. IT IS NOW WELL
KNOWN, HOWEVER, THAT THE CANADIANS HAVE BEEN ABLE TO SOLVE
THAT PROBLEM VERY SUCCESSFULLY AND WERE ABLE TO ACHIEVE A
FUNDAMENTAL REVISION OF THEIR CONSTITUTION IN 1982.
OTHER GOVERNMENTS BEFORE THIS ONE HAVE TAKEN MEASURES TO
EXAMINE, IN A COMPREHENSIVE WAY, POSSIBLE REFORMS. THERE
WAS A ROYAL COMMISSION ON THE CONSTITUTION IN 1929, A
CONFERENCE OF COMMONWEALTH AND STATE MINISTERS IN 1942, A
JOINT PARLIAMENTARY COMMITTEE ON CONSTITUTIONAL REVIEW IN
1959 AND WE HAVE JUST SEEN TWELVE YEARS OF OPERATION OF THE
AUSTRALIAN CONSTITUTIONAL CONVENTION. NOW MY GOVERNMENT
WISHES TO EXPLORE, THROUGH THE COMMISSION, WHAT CHANGES MAY
BE DESIRABLE FOR THE FUTURE GOVERNMENT OF AUSTRALIA.
I SHOULD LIKE TO TAKE THIS OPPORTUNITY TO THANK ALL OF YOU
HERE TODAY WHO WILL BE PARTICIPATING IN THE COMMISSION AND
ITS ADVISORY COMMITTEES FOR YOUR WILLINGNESS TO PARTICIPATE
IN A TASK OF THIS MAGNITUDE. IT IS THE GOVERNMENT'S FIRM
BELIEF THAT YOU ALL HAVE A GREAT DEAL TO CONTRIBUTE AND THAT
THIS WORK IS OF THE UTMOST IMPORTANCE TO THE FUTURE OF OUR
NATION. I NOW HAVE PLEASURE IN DECLARING THE CONSTITUTIONAL
COMMISSION OPEN.