1967 Australian referendum (Aboriginals) facts for kids

1967 Australian Aboriginals Referendum
Question 2 Do you approve the proposed law for the alteration of the Constitution entitled— "An Act to alter the Constitution so as to omit certain words relating to the People of the Aboriginal Race in any State and so that Aboriginals are to be counted in reckoning the Population" ?
Date	27 May 1967 (1967-05-27)
Quick facts for kids Results Votes  % Yes 5,183,113 90.77% No 527,007 9.23% Valid votes 5,710,120 98.42% Invalid or blank votes 91,464 1.58% Total votes 5,801,584 100.00% Registered voters/turnout 6,182,585 93.84%
Results by state   Yes     No
Note: Darkness of colour denotes strength of Yes vote

On 27 May 1967, Australians voted in a special election called a referendum. This vote was about changing the country's rule book, the Australian Constitution. The second question in this referendum asked voters two main things about Indigenous Australians.

First, it asked if the Federal Government should have the power to make special laws for Indigenous Australians in different states. Before this, states mostly handled these laws. Second, it asked if all Indigenous Australians should be counted in the official population numbers. Before 1967, many Indigenous Australians were not included in these counts.

The changes to the Constitution were strongly supported. A huge 90.77% of people voted "Yes." Most people in all six states also voted "Yes." The new law officially became part of the Constitution on 10 August 1967.

Why the Referendum Happened

Before 1967, the Australian Constitution had some old rules about Indigenous Australians. One rule, Section 127, said that "aboriginal natives" should not be counted in the population. This meant that when the government counted people for things like how many politicians each state got, Indigenous Australians were left out.

Another rule, Section 51(xxvi), allowed the Federal Government to make special laws for people of any race, but it specifically excluded "the aboriginal race in any State." This meant the Federal Government couldn't make laws to help Indigenous Australians across the whole country.

For many years, Indigenous and non-Indigenous people worked hard to change these rules. They wanted Indigenous issues to be handled by the Federal Government. Important events like the Bark Petition in 1963 and the Gurindji Strike showed how Indigenous workers were treated unfairly. These events helped make the rights of Indigenous Australians a big political issue.

Gordon Bryant (left), Prime Minister Harold Holt (centre), and Bill Wentworth (right) meeting with FCAATSI representatives – from left to right, Faith Bandler, Douglas Nicholls, Burnum Burnum, and Winnie Branson.

Many groups and people spoke out for change. These included the Federal Council for the Advancement of Aborigines and Torres Strait Islanders (FCAATSI), and leaders like Ruby Hammond, Bill Onus, and Faith Bandler. They used the media to gather support for a "Yes" vote. By 1967, all politicians in the Australian Parliament agreed to vote for the changes.

What the Changes Meant

The referendum asked voters to approve two main changes to the Constitution.

Changing Section 51(xxvi)

This part of the Constitution lists the powers of the Federal Parliament. Before 1967, it said the Parliament could make laws for "The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws."

The referendum removed the words "other than the aboriginal race in any State." This meant the Federal Parliament could now make special laws for Indigenous Australians. The idea was that these laws would always be helpful. However, later court decisions showed that this power could also be used to make laws that might not be helpful to Indigenous people.

Removing Section 127

This section was completely removed. It used to say:

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.

Removing this section meant that all Indigenous Australians would now be counted in the national population. This was important for many reasons, including how many politicians each state would have in the House of Representatives. It also meant that government agencies could collect better information about Indigenous Australians. This data is vital for planning services like health and education.

What the Referendum Did Not Do

It's common for people to misunderstand what the 1967 referendum achieved.

Voting Rights

The referendum did not give Indigenous people the right to vote in federal elections. Many Indigenous Australians already had some voting rights before 1967.

• From 1944, Indigenous people in Western Australia could apply for state citizenship, which included voting rights. But this was conditional and could be taken away.
• The Commonwealth Electoral Act 1949 gave Indigenous people the right to vote in federal elections if they could vote in their state elections, or if they had served in the Australian Defence Force.
• The Commonwealth Electoral Act 1962 finally gave all Indigenous people the choice to enroll and vote in federal elections.
• Voting became compulsory for Indigenous people, just like other Australians, in 1983.

Flora and Fauna Act Myth

Some people mistakenly believe the referendum overturned a "Flora and Fauna Act." This is not true. This idea likely came from state laws, like the New South Wales National Parks and Wildlife Act 1974. These laws managed Aboriginal heritage, land, and culture, sometimes alongside rules about plants and animals. But the referendum had nothing to do with these specific acts.

Referendum Question

The exact question voters saw on their ballot paper was:

DO YOU APPROVE the proposed law for the alteration of the Constitution entitled— 'An Act to alter the Constitution so as to omit certain words relating to the People of the Aboriginal Race in any State and so that Aboriginals are to be counted in reckoning the Population'?

Results of the Vote

What Happened After the Referendum

The huge "Yes" vote gave the Federal Government a clear message: Australians wanted them to act on behalf of Indigenous people. However, it took about five years for big changes to happen.

New Powers for the Government

The referendum's main outcome was giving the Federal Parliament the power to make special laws for Indigenous people. Since federal laws are stronger than state laws when they clash, this meant the Federal Government could now stop unfair practices by state governments. But for the first five years after the vote, the Federal Government didn't use this new power much.

A Symbol of Change

The referendum also became a powerful symbol for Indigenous Australians. It happened during a time of growing Indigenous pride and activism. It represented the fight for land rights, fair pay for workers, and the "Freedom Rides" that challenged segregation. This symbolic meaning sometimes led to misunderstandings about what the constitutional changes themselves actually did.

Land Rights Progress

Real benefits from the referendum started to appear in 1972.

• On 26 January 1972, Indigenous people set up the Aboriginal Tent Embassy in Canberra. This was to show their frustration about the slow progress on land rights and racial discrimination. This protest brought Indigenous issues to the top of the political list.
• Soon after, the government started a special investigation into land rights for Indigenous people in the Northern Territory. This investigation recommended that Indigenous people should own their traditional lands. It also suggested creating land councils and a fund to buy land.
• In 1976, the Aboriginal Land Rights Act 1976 was passed. This law gave some Indigenous people legal rights to their traditional lands in the Northern Territory.

Using the "Race Power"

The Federal Government used its new power (sometimes called the "race power") to make important laws.

• In 1975, a law was passed to stop unfair state laws in Queensland that discriminated against Indigenous people. For example, Indigenous people on reserves were forced to work without pay.
• The government also used this power to create programs that helped Indigenous people get housing, loans, and education support. It also increased funding for legal services for Indigenous Australians.
• Later, the "race power" was used in the Native Title Act 1993. This law recognized that Indigenous Australians have traditional rights to their land and waters, called Native Title.

Counting All Indigenous Australians

One very important result of the referendum was that all Indigenous Australians were now counted in official population statistics.

• Before this, it was hard for the government to know how many Indigenous people there were, their ages, or where they lived. This made it difficult to plan services.
• After the 1971 census, with all Indigenous Australians counted, it became possible to track important health information, like infant mortality rates and life expectancy.
• This data showed that Indigenous Australians had much lower life expectancies and higher infant mortality rates. Campaigns like Close the Gap have since worked to improve these health differences.

Negative Use of the "Race Power"

While the "race power" was meant to be used for the benefit of Indigenous people, it could also be used in ways that were not helpful.

• In 1996, a government used this power to pass a law that allowed a bridge to be built on Hindmarsh Island in South Australia. This was despite concerns from the Ngarrindjeri people about sacred sites.
• The High Court of Australia later ruled that the 1967 change did not stop the Federal Parliament from making laws that could be harmful to a particular race. This meant that the power gained in 1967, which many thought would only be used for good, could also be used in ways that Indigenous people did not want.

Images for kids

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  A badge supporting the "Yes" vote, created around the time of the referendum.

See also

• Council for Aboriginal Rights
• History of Australia
• Politics of Australia
• Referendums in Australia
• Voting rights of Aboriginal and Torres Strait Islander peoples