the referendum that wasn’t

Federalism, Regionalism & Devolution

The Referendum That Wasn’tConstitutional Recognition of Local Government

and Australia’s Ongoing Federal Reform Dilemma

Gilbert + Tobin Centre UNSW Constitutional Law Conference, 14 February 2014

A J BrownProfessor of Public Policy & Law

Centre for Governance & Public Policy, Griffith University, QLD

<www.griffith.edu.au/federalism>


1974 – Section 96A, as proposed to be inserted:

The Parliament may grant financial assistance to any local government body on such terms and conditions as the Parliament thinks fit.

1988 – Section 119A, as proposed to be inserted (Ch V):

Each State shall provide for the establishment and continuance of a system of local government, with local government bodies elected in accordance with the laws of the State and empowered to administer, and to make by-laws for, their respective areas in accordance with the laws of the State.

2013 – Section 96, as proposed to be amended:

During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State, or to any local government body formed by a law of a State, on such terms and conditions as the Parliament thinks fit.


Bipartisanship / political consensus

Public ownership and education

What’s It Going to Take?

1. Problem(s) need addressing / positive reason to change

3. Downsides or risks to the change are negligible / worth it

4. Issue is important relative to other issues

5. ‘Utopian moment’ – contribute to destiny as a nation

2. Fair consensus that this change will address / achieve result

Sound and sensible proposals


Australian Constitutional Values Survey

• Conducted nationally in Australia by Newspoll Limited

• Funded by the Australian Research Council, Discovery Project DP0666833 – led by Griffith University, with Charles Sturt University, University of New England and the University of Melbourne

• Conducted by telephone May 2008, March 2010, October 2012

• Stratified random sample, respondents aged 18 years and over

• Results post-weighted to Australian Bureau of Statistics data on age, highest level of schooling, sex, and area

• 2008: 1,201 respondents; 2010: 1,100 respondents; 2012, n=1,219.


Support for substantive, reform-driven recognition of local government (ACVS 2008)

(If changes state there must always be a system of localgovernment, set rules and standards of accountability, andguarantee a reasonable level of funding for local govt)

43.4 44.9

64.555.9

50.559.5

25.226.3

31.6

17.024.1

19.8

24.52.8

3.51.9

2.4 2.9

5.4

22.0 26.821.6

16.1 17.124.3

16.0

50.0

0

10

20

30

40

50

60

70

80

90

100

National NSW Vic Qld SA WA Tas

Still no benefit / DKSupport lost (strongly)Support gained (strongly)Base support

%


Support for change to the Constitution - overview

6 6 6 7 12

6555

4954

39

85 8169

75 70

11 12 1219

2424

100908070605040302010

0102030405060708090

100

DEMOCRATIC CO-OPERATIVE CO-OP FOR FED/ STATE/

LOCAL

FINANCIAL SYMBOLIC

%

STRONGLY SUPPORT TEND TO SUPPORT STRONGLY NOT SUPPORTTEND NOT TO SUPPORT SUPPORT CO-OP FOR FED/STATE ONLY SUPPORT CO-OP BUT DK LEVELS

BASE: ADULTS AGED 18+ NATIONALLY WHO ARE ELIGIBLE TO VOTE (n= 1478)

4 7 7 6 5

Questions A4 / A8 / A11 / A13 – “At a referendum would you support or not support changing the Constitution to …”

SUPPORT

NOT SUPPORT

NEITHER/ DK

Support co-operative forFederal / State and Local govt.

Newspoll for Expert Panel (2011)


Most Important Change to the Constitution

37

2721 20

8 8

0

20

40

60

80

100

DEMOCRATIC CO-OP CO-OP(FED/ STATE/ LOCAL)

FINANCIAL SYMBOLIC NONE / DON’T KNOW

%

BASE: ADULTS AGED 18+ NATIONALLY WHO ARE ELIGIBLE TO VOTE (n= 1478)

Question A16 – “Which one of these would you say is the most important way in which the Constitution should be changed?”

Based on total sample



Attitudes towards amount of power in levels of government (ACVS 2012)

Questions:Which level of government, if any, do you think needs more power today? Which level of government, if any, do you think has too much power today?


1The existence of local government should be officially recognised in the Constitution

2 Or, there is no real benefit in making this change to the Constitution

3 [Neither \ don’t know]

At the moment, the Constitution does not actually mention or officially recognise that local government exists in Australia. Which one of the following comes closest to your view?

Thinking about other things that could be changed in the Constitution. Do you think it is important, or not important for Australia to have a referendum about the following things in the next few years. [If important, is that very important or somewhat important?]

A FIRST, THEN B-D RANDOMISED, MAINTAINING ORDER C-D

A A referendum to decide if Australia should become a Republic

B A referendum to recognise the history and culture of Indigenous Australians in the Constitution

C A referendum about what levels of government Australia should have

D A referendum to decide which level of government is responsible for doing what

Prospects for Reform (ACVS 2012)


26.2

24.2 24.4

47.237.8

43.254.0

20.7

22.831.5

39.5

20.8

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Republic Indigenous Levels of govt Responsibilities ofgovts

Don't know

Not important

Somewhat important

Very important

Importance of holding referendum in next few years (March 2010)

58.5

74.7 73.476.8


Importance of holding a referendum on various issues- comparison with other research

3140

24 24 21

34 38 43 4754

6559

75 73 77

3140

24 24 21

100908070605040302010

0102030405060708090

100

LOCAL GOVERNMENTIN THE

CONSTITUTION

TO DECIDE IF AUSTRALIA SHOULD BECOME A REPUBLIC

TO RECOGNISE THE HISTORY AND CULTURE OF INDIGENOUS

AUSTRALIANS IN THE CONSTITUTION

WHAT LEVELS OF GOVERNMENT AUSTRALIA SHOULD HAVE

WHICH LEVELS OF GOVERNMENT SHOULD BE DOING WHAT

%

VERY IMPORTANT SOMEWHAT IMPORTANT NOT IMPORTANT

BASE: LOCAL GOVERNMENT - ADULTS AGED 18+ NATIONALLY WHO ARE ELIGIBLE TO VOTE (n= 1478) GRIFFITH UNIVERSITY: ADULTS AGED 18+ NATIONALLY (n=1,100)

4 2 1 2 2

IMPORTANT

NOT IMPORTANT

NEITHER/ DK

Griffith University, March 2010



Importance of holding referendum in next few years by state (March 2010) (Very important)

%


Perceived most effective level of government (ACVS 2008, 2010, 2012)

Question: ‘If you think about how effective each level of government is in doing its particular job, which one level - federal, state or local - do you think currently does its job the most effectively?’


Support for potential referendum issues(Total agree 7-10) (ALGA 2009 & 2011)

Question: Please indicate whether you would be likely to support the following potential issues that could be put to a referendum? Base: Total n=1,502 voters 15


IMPLICATIONS OF THE PROPOSAL

1) Why such a ‘near miss’?

2) Is recognition of local government a dead issue?

No.

Federal grants; ‘Band-aid solution’ (Williams No. 2).

Growing functional importance / political status of the level.

3) The future: a stand alone issue?

No. Must be a more comprehensive reform package.

- Can’t be the same again.

- Public resonance.

- Issues of importance to the States must also be resolved.

- Too complex due to the extent of variation between States.

the referendum that wasn’t

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