Aussie Law: Referendum Process

Introduction

• Presenter: Renato Costa
• Topic: Referendum process in Australia
• Comparison between referendum and plebiscite
• Importance of referenda in altering the Australian Constitution under Section 128

What is a Referendum?

• Definition: A voting process to confirm or ratify a proposed amendment to the Constitution
• Comes from Latin "to carry back"
• Popular vote not for electing representatives
• Used to amend the Constitution
• Electorate votes "yes" or "no" to proposed laws
• Discussed by Professor Graham Moore in "The Law of Politics"

Characteristics of Referendum

• Different from ordinary voting systems
• Possibility of a "preferendum" - multiple option voting
• Governed by the Referendum Machinery Provisions Act of 1984
• Form of direct democracy

Direct vs. Representative Democracy

• Direct democracy: People decide political/legal matters directly
• Representative democracy: Decisions mediated by parliamentarians
• Section 128 referendum: Not a pure form of direct democracy
  • Proposals come from parliament, not electorate

Blockchain and Direct Democracy

• Discussion on blockchain technology potentially enabling direct democracy
• Audience engagement: Asking for opinions on blockchain in elections

What is a Plebiscite?

• Definition: Advisory vote without legal force
• Helps advise decision-makers
• Memory aid: "Referendum" = Ratifying, "Plebiscite" = Preliminary
• Common misuse: "Referendum" used even for non-binding votes (e.g., Queensland Referendum Act 1997)
• Professor Gray-Moore's cautionary note: Governments can treat a plebiscite as a referendum politically

Types of Referenda

• Legislative: General legislative purposes
• Constitutional: Amendments under Section 128 of the Australian Constitution
• Used to change state boundaries (Section 123)

Conclusion

• Referenda can alter the Constitution and state boundaries
• Video encourages likes, subscriptions, and sharing
• Summary: Covered referenda and plebiscites in the context of constitutional amendments