Skip to main content

Announcement

First Australians are advised that this record may include images or names of people who have died. It may also contain terms that reflect views which are not considered appropriate today.
Close annoucement

Home

Main navigation

  • Explore the collection
    • Search the collection: RecordSearch
      • What's in the collection
      • Defence and war service records
      • First Australians
      • Immigration and citizenship
      • Cabinet
      • Intelligence and security
      • Prime ministers
      • Search for people
      • Visit our other websites
      • #ArchivesAtHome
      • Stories from the archives
  • Help with your research
      • Getting started
      • What's in the collection
      • Using the collection
      • International movement records
      • Research centres
      • Research guides
      • Research grants and scholarships
      • Research agents
      • Ask us about the collection
  • Students and teachers
      • Classroom resources
      • School visits
      • Teacher professional learning
      • Virtual excursions
      • Student research portal
      • Competitions and special programs
  • Information management
      • Getting started
      • Building trust in the public record
      • Public release schedule
      • Ask for advice
      • Information governance
      • Build data interoperability
      • Check-up survey
      • Legislation
      • Manage information assets
      • GAIN Australia
      • Standards
      • Metadata
      • Records authorities
      • Federal election 2025
      • Learning and skills
  • Visit us
      • Events and exhibitions
      • Research centres
      • Our locations
      • Cafe Constitution
      • Venue hire
      • Contact us
  • About us
      • What we do
      • Support us
      • Employment
      • Who we are
      • Partnerships
      • Volunteer
      • Our services
      • Members
      • Media and publications
      • Contact us
  • Toggle search
  • Toggle menu

Offscreen Menu

Menu

MAIN MENU

  • Explore the collection
    • What's in the collection
    • Defence and war service records
    • First Australians
    • Immigration and citizenship
    • Cabinet
    • Intelligence and security
    • Prime ministers
    • Search for people
    • Visit our other websites
    • #ArchivesAtHome
    • Stories from the archives
  • Help with your research
    • Getting started
    • What's in the collection
    • Using the collection
    • International movement records
    • Research centres
    • Research guides
    • Research grants and scholarships
    • Research agents
    • Ask us about the collection
  • Students and teachers
    • Classroom resources
    • School visits
    • Teacher professional learning
    • Virtual excursions
    • Student research portal
    • Competitions and special programs
  • Information management
    • Getting started
    • Building trust in the public record
    • Public release schedule
    • Ask for advice
    • Information governance
    • Build data interoperability
    • Check-up survey
    • Legislation
    • Manage information assets
    • GAIN Australia
    • Standards
    • Metadata
    • Records authorities
    • Federal election 2025
    • Learning and skills
  • Visit us
    • Events and exhibitions
    • Research centres
    • Our locations
    • Cafe Constitution
    • Venue hire
    • Contact us
  • About us
    • What we do
    • Support us
    • Employment
    • Who we are
    • Partnerships
    • Volunteer
    • Our services
    • Members
    • Media and publications
    • Contact us

Aboriginal and Torres Strait Islander people should be aware that the National Archives' website and collection contain the names, images and voices of people who have died.

Some records include terms and views that are not appropriate today. They reflect the period in which they were created and are not the views of the National Archives.

A room with desk and chairs and cataloged books shelved on bookcases around the room.

Breadcrumb

  1. Home
  2. Students and teachers
  3. Student research portal
  4. Learning resource themes
  5. Argument in favour of the proposed Constitution Alteration (Aboriginals) 1967

Argument in favour of the proposed Constitution Alteration (Aboriginals) 1967

Argument in favour of the proposed Constitution Alteration (Aboriginals) 1967.

Item ID 3050230. Page number 34. Referendum 1967 – Proceedings in Parliament and submissions of case

Argument in favour of the proposed Constitution Alteration (Aboriginals) 1967.

Item ID 3050230. Page number 35. Referendum 1967 – Proceedings in Parliament and submissions of case

Details

Learning resource record

Creator:

Prime Minister's Department

Date:

1967

Citation:

A1209, 1967/7251

Keywords:

  • First Australians

Transcript

[Page 1.]

[Underlined heading:] THE ARGUMENTS

CONSTITUTION ALTERATION (ABORIGINALS) 1967

Argument in favour of the proposed law

[Underlined subheading:] The Case for YES

The purposes of these proposed amendments to the Commonwealth Constitution are to remove any ground for the belief that, as at present worded, the Constitution discriminates in some ways against people of the Aboriginal race, and, at the same time, to make it possible for the Commonwealth Parliament to make special laws for the people of the Aboriginal race, wherever they may live, if the Commonwealth Parliament considers this desirable or necessary.

To achieve this purpose, we propose that [bold] two provisions of the Constitution be altered which make explicit reference to people of the Aboriginal race [end bold].

[Bold] The first proposed alteration [end bold] is to remove the words "other than the Aboriginal race in any State" from paragraph (xxvi.) of Section 51. Section 51 (xxvi.) reads:

[Indented quote:] "The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to:

(xxvi.) The people of any race, other than the Aboriginal race in any State, for whom it is deemed necessary to make special laws." [end indented quote.]

The proposed alteration of this section will do two things. [Bold:] First, it will remove words from our Constitution that many people think are discriminatory against the Aboriginal people.

Second, it will make it possible for the Commonwealth Parliament to make special laws for the people of the Aboriginal race, wherever they may live, if the Parliament considers it necessary. [End bold.]

This cannot be done at present because, as the Constitution stands, the Commonwealth Parliament has no power, except in the Territories, to make laws with respect to people of Aboriginal race as such.

This would not mean that the States would automatically lose their existing powers. What is intended is that the National Parliament could make laws, if it thought fit, relating to Aboriginals- as it can about a lot of other matters on which the States also have power to legislate. The Commonwealth’s object will be to co-operate with the States [bold] to ensure that together we act in the best interest of the Aboriginal people of Australia. [end bold.]

The second proposed alteration is the [bold] repeal [end bold] of Section 127 of the Constitution.

That section reads:

[Indented, bolded quote:] "In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, Aboriginal natives shall not be counted." [End indented quote.]

[Page 2]

Why was this provision included in the Constitution in 1900? Well, there were serious practical difficulties in counting the Aboriginals in those days. They were dispersed, and nomadic. Communications in inland Australia were poor, and frequently non-existent. Today the situation is very different and counting is practicable.

[Bold:] Our personal sense of justice, our commonsense [sic], and our international reputation in a world in which racial issues are being highlighted every day, require that we get rid of this out-moded provision. [End bold.]

Its modern absurdity is made clear when we point out that for some years now Aboriginals have been entitled to enrol for, and vote at, Federal Elections. Yet Section 127 prevents them from being reckoned as "people" for the purpose of calculating our population, even for electoral purposes.

The simple truth is that Section 127 is completely out of harmony with our national attitudes and modern thinking. It has no place in our Constitution in this age.

All political parties represented in the Commonwealth Parliament support these proposals. The legislation proposing these Constitutional amendments was, in fact, adopted unanimously in both the House of Representatives and the Senate. We have yet to learn of any opposition being voiced to them from any quarter.

Just as every available Member of the Commonwealth Parliament voted for the proposals outlined above, we believe that the Australian electorate as a whole will give strong support and endorsement to them.

We urge you to vote YES to both our proposals as to Aboriginals [bold] by writing the word YES [end bold] in the square on the ballot-paper, thus:

[The word ‘Vote’ in large italicised text, next to a box with the word 'YES' written inside in large bold capitals.]

[The page ends with a paragraph in a box:] This case has been authorised by the majority of those Members of both Houses of Parliament who voted for the proposed law, and was prepared by the Prime Minister – The Rt. Hon. Harold Holt – as leader and on behalf of the Federal Parliamentary Liberal Party; and by the Deputy Prime Minister – The Rt. Hon. John McEwen – as Leader and on behalf of the Australian Country Party; and by Mr. Gough Whitlam- Leader of the Opposition as Leader and on behalf of the Federal Parliamentary Australian Labor Party.

About this record

This is the 'Yes' case prepared by parliamentarians in 1967 to summarise the arguments in favour of changing the Constitution to remove sections that discriminated against First Australians. All households in Australia with an enrolled voter were sent a copy of these arguments by the Australian Electoral Office.

An important part of the referendum process in Australia is the preparation and distribution of 'Yes' and 'No' cases. After a bill to change the Constitution has passed through the Australian Parliament, members of Parliament are divided into 'Yes' and 'No' committees, based on how they voted for the bill.

Each committee prepares a written argument – like the 'Yes' case seen here – to be distributed by mail to Australian voters. Reading these arguments enables voters to make an informed decision on referendum day.

In the 1967 referendum, no parliamentarian voted against the proposals for constitutional change relating to First Australians. As a result, only a 'Yes' committee was formed, and only a 'Yes' case was prepared and sent to voters.

The 'Yes' case explained to voters that the proposed changes to s51(xvii) would make it possible for the Parliament to make special laws for First Australians.

It also addressed the need to repeal s127 of the Constitution, which excluded First Australians from being counted as part of the Australian population:

our personal sense of justice, our common sense, and our international reputation in a world in which racial issues are being highlighted every day, require that we get rid of this out-moded provision.

Parliament's unanimous support for the 'Yes' case was reflected in a strong 'Yes' vote on referendum day. On 27 May 1967, over 90.77% of voters voted 'Yes' – the highest 'Yes' vote ever recorded in an Australian referendum.

Food for thought

Read the full 'Yes' case provided by the Australian Parliament. How persuasive do you find the wording of the 'Yes' case? Are there any other reasons for voting yes that you would have included if you were a member of the 'Yes' committee in 1967?

Related records

Record

Power to legislate on behalf of Indigenous people, 1967.

The decision by Government to hold the 1967 referendum – Cabinet minute

This is a Cabinet minute recording the government’s decision to hold a referendum to give parliament the power to make laws for First Australians.

Record

First Australian campaigners meeting with Prime Minister Harold Holt.

First Australian campaigners meet with Prime Minister Harold Holt seeking support for the 1967 referendum

Lobbyists from the Federal Council for the Advancement of Aborigines and Torres Strait Islanders meet with Harold Holt in February 1967

Record

Notice of the results of the 1967 referendum.

Announcement of 1967 referendum results in the Commonwealth of Australia Gazette

Notice in the Commonwealth of Australia Gazette of the results of the 1967 referendum.

Related themes

Theme

Vincent Lingiari standing behind a microphone with Gough Whitlam.

History

Explore the experiences of First Australians since 1901, from discriminatory policies and inequality to campaigns for reconciliation, constitutional recognition and land rights.

Theme

Portrait of Michael Dodson, Aboriginal lawyer with Aboriginal Legal Service, Melbourne 1980.

Politics and advocacy

Throughout the 20th century, political engagement, activism and protest have helped focus attention on the differences in rights and entitlements experienced by First Australians.

Theme

Aboriginal tent embassy Canberra.

Rights and freedoms

First Australians have long fought for equal rights and opportunities. Influential individuals and campaigns drove change in areas such as voting rights, constitutional change and land rights.

Theme

The five Justices of the first High Court of Australia in official dress.

Constitution and referendums

The Australian Constitution sets out the principles and guidelines for how the country is run. It can only be changed with the approval of the Australian people at a referendum.

Need help with your research?

Learn how to interpret primary sources, use our collection and more.

Get help

Acknowledgement of Country

National Archives of Australia acknowledges the Traditional Owners and Custodians of Country throughout Australia and acknowledges their continuing connection to land, sea and community. We pay our respects to the people, their cultures and Elders past, present and emerging.

Connect with us

  • Facebook Facebook
  • Instagram Instagram
  • X X
  • Linkedin LinkedIn
  • YouTube YouTube

Subscribe to our newsletter

Site map

  • Contact us

    • Contact form
  • For researchers

    • RecordSearch
    • What's in the collection
    • Using the collection
    • Ask us a question about our records
    • Getting started with your research
    • Research guides
    • Grants and scholarships
    • Our other websites
  • For government

    • Agency Service Centre
    • Check-up survey
    • Building trust in the public record policy
    • Getting started with information management
    • Information governance
    • Records authorities

    For students & teachers

    • School programs
    • Plan a school visit
    • Competitions and special programs
    • Learning resources
  • Shop

    • Browse our products

    Visit us

    • Events and exhibitions
    • Research centres
    • Our locations
    • Admission to the Archives is free
  • About us

    • What we do
    • Our organisation
    • Our services
    • Our history
    • Partnerships
    • Work for us
    • ABN: 36 889 228 992
National Archives of Australia
  • Privacy
  • Freedom of information
  • Copyright
  • Disclaimer
  • Accessibility
National Archives of Australia