Process model (Australia)
Encyclopedia
A process model is a proposal to assist the Parliament of Australia
make decisions concerning constitution
al reform. In Australia
, process models are devised to involve the public in republicanism
.
, a referendum
must be held and historically citizens have usually voted to reject the proposed amendment. In recent years, the most prominent constitutional reform issue has been whether to establish an Australian republic
. As this issue is controversial and technical, government
s, political parties
and republican organisations have developed process models to help align their decisions with public sentiment
. These decisions include the type of republic to establish and/or whether to proceed and hold a referendum.
Supporters of constitutional monarchy
are not served by commencing such a process and argue that conventions and plebiscites are unnecessary and poor use of government money.
may include elected or appointed delegates to discuss and vote upon issues and reform proposals. If the delegates are a close representative sample of the population, decisions will be indicative of subsequent referendum results.
That delegates have the opportunity and interest to review the issues in depth is both an advantage and a disadvantage. Informed decisions may result from delegates increased understanding of the issues, however as this happens their views become less representative of the general population. For example at the 1998 constitution convention, delegates supporting direct-election
fared poorly in the voting in contrast to the results of opinion polls.
A referendum involves voters in the second question and only in accordance with the constitution, however a plebiscite advantageously can involve voters in the first question and for both questions bypass the need to draft a specific constitutional amendment. For example, the model question can be a multiple choice question rather than Yes or No.
Plebiscites have the advantage of being inherently democratic. According to Labor's
Nicola Roxon
, "you cannot go wrong by simply asking the Australian people what they think – and put the decision in their hands."
The disadvantage is that plebiscite questions are inter-related. How a voter answers one question is affected by how they, or the electorate, answers the other. This creates controversy when the sequence, the voting procedure and/or the wording of the question seems to favour one side. Furthermore, each question raises its own issues:
. For example, the 2004 Senate Report, Road to a Republic recommended a list as follows:
The advantage of the model question for republicans is that once a choice is made, internal debate will lessen and they can focus on refining and promoting the one system. A disadvantage is that some models are excluded, for example the McGarvie Model
is not mentioned in the above list even though it was successful at the 1998 constitutional convention.
Some republicans believe that the success of a direct-election model is a foregone conclusion. Conservative republican Greg Craven believes that the "model with the shallowest surface appeal will win ... with problems that will surface later."
Supporters of the status quo
argue that voters must also have the option of voting for no change, which would have the effect of intertwining this question with the threshold question.
The threshold question asks whether Australia should become a republic. The wording of the proposal varies considerably, however to take an interesting example, Dr Barry Gardner suggests "do you favour Australia becoming a republic through the use of a model approved by a majority of the Australian people?".
The example makes clear that the threshold question makes sense if posed before the model question. If the two questions were posed on the same ballot, then the threshold question would appear first. The example also tries to address what is known at the 'blank cheque' problem—that one may not know exactly what they are voting for.
The threshold question invites both risk and opportunity for both republicans and monarchists. For republicans it is a chance to sift the model debate out of the equation and obtain a clear indicator of public support, which according to the ARM
is "what monarchists fear the most."
However for status quo supporters, it is an opportunity to close down the republican debate for the long-term. ACM's
Kerry Jones says "I believe we would win it ... Plebiscites would strengthen the current system because people would say, 'Look at the can of worms that that is opening up.'"
Monarchists officially object to the threshold plebiscite on the basis it subverts the intent of the amendment procedure of the Australian constitution. Opponents raise the concern that it could undermine confidence in the constitution prior to a republic being established.
Some republicans suggest that other plebiscite questions should be asked, so to increase voter input to the eventual republican proposal. The question "what shall we call the Head of State?" is independent, to a large extent, of the models question and can be asked on the same ballot paper. The likely answer will be either Lord President
or Governor-General
. Critics of such a question say it "will only distract the electorate."
is typically the last component of any process model and the only established way of changing the constitution. A proposal must be approved by parliament. Prior to voting every household is sent a copy of the amendment and an argument of equal weight for voting Yes and for voting No. To pass at referendum, the proposal must obtain approval from a majority
of voters nationally and a majority in four states.
If implemented, voters would receive a ballot paper with a list of models, similar to the non-binding models plebiscite described earlier. Each model would be associated with a specific set of constitutional amendments. The preferential IRV voting system would be used to select the successful model and the associated amendments would then be made.
This type of proposal is argued to be possible because the relevant section of the constitution is not specific, saying "the vote shall be taken in such manner as the Parliament prescribes." Tim Fischer
put forward a similar proposal which converts the threshold plebiscite into a special referendum, held in advance, to absolutely confirm the legality of this procedure. Nevertheless, the proposal has received little support and there are clear political and legal risks. Opponents of republicanism would probably ask the High Court
to declare that the proposal was unconstitutional.
became Prime Minister of Australia
in 1996, he initiated the first process model which concluded with the 1999 republic referendum
.
The process commenced with the election of 76 delegate
s to a constitutional convention. In the election, delegates obtained support by declaring their general views on republicanism rather than through being members of a political party
. A further 76 delegates where chosen by the Prime Minister and taken from the leadership of political parties from the federal parliament and the various states and territories of Australia.
In his speech to open the convention, Prime Minister Howard declared that "if clear support for a particular republican model emerges from this Convention my government will ... put that model to a referendum of the Australian people [however if] this Convention does not express a clear view [then] the people will be asked to vote in a plebiscite which presents them with all the reasonable alternatives. A formal constitutional referendum, offering a choice between the present system and the republican alternative receiving most support in the plebiscite, would then follow."
The convention voted in support of the bi-partisan appointment republican model
and then voted in support of it being put in a referendum.
That referendum was held on 6 November 1999 and was not successful.
For the remainder of his time in office, John Howard argued that there was no necessity to commence a new process as nothing significant has changed since the referendum.
. It was held in Corowa, New South Wales
being the place where the movement for Federation
was restarted in the 1890s after it had stalled. Opponents of republicanism also attended the conference.
McGarvie's preferred process involved asking all the parliament
s of Australia to establish model development committees, which would design very detailed models. The models would then be put to a plebiscite. The winning model for each jurisdiction
would be put to a special referendum which would change the Federation and the States simultaneously into a republic.
The successful proposal was organised by George Winterton
and called the "Royal Hotel Proposal" after the location of their late night negotiations. It said there should be a plebiscite that should ask essentially two questions:
Subsequent to this delegates would be elected to a constitutional convention to draft the actual proposal in detail, which would go ultimately to a referendum.
has long planned a three step process involving:
Originally Labor was to hold each stage at the same time as a general election, so a republic could not be established until nine years had passed, assuming full terms. In April 2004, former leader Mark Latham
fast tracked the timetable saying "We'd want to get that done in our first term. So have the first plebiscite then the second and then by the time of the following election would be good timing for a constitutional referendum."
Former Labor Prime Minister Kevin Rudd
, acknowledged that becoming a republic was an important part of the nation's future but would not be a priority in his first term in government.
now supports a non-bind plebiscite to decide the model, followed by a binding referendum to amend the Constitution, reflecting the model chosen.
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
make decisions concerning constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
al reform. In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, process models are devised to involve the public in republicanism
Republicanism in Australia
Republicanism in Australia is a movement to change Australia's status as a constitutional monarchy to a republican form of government. Such sentiments have been expressed in Australia from before federation onward to the present...
.
Rationale
To amend the Constitution of AustraliaConstitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
, a referendum
Referendums in Australia
In Australia, referendums are binding polls usually used to alter the Constitution of the Commonwealth or a state or territory. Non-binding polls are usually referred to as plebiscites.-Federal referendums:...
must be held and historically citizens have usually voted to reject the proposed amendment. In recent years, the most prominent constitutional reform issue has been whether to establish an Australian republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
. As this issue is controversial and technical, government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
s, political parties
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
and republican organisations have developed process models to help align their decisions with public sentiment
Public opinion
Public opinion is the aggregate of individual attitudes or beliefs held by the adult population. Public opinion can also be defined as the complex collection of opinions of many different people and the sum of all their views....
. These decisions include the type of republic to establish and/or whether to proceed and hold a referendum.
Supporters of constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
are not served by commencing such a process and argue that conventions and plebiscites are unnecessary and poor use of government money.
Process model events
A process model involves a series of events, usually ending in a referendum or a decision to not proceed. The following events are commonly found in republican process models:Constitutional convention
A constitutional conventionConstitutional Convention (Australia)
In Australian history, the term Constitutional Convention refers to four distinct gatherings.-1891 convention:The 1891 Constitutional Convention was held in Sydney in March 1891 to consider a draft Constitution for the proposed federation of the British colonies in Australia and New Zealand. There...
may include elected or appointed delegates to discuss and vote upon issues and reform proposals. If the delegates are a close representative sample of the population, decisions will be indicative of subsequent referendum results.
That delegates have the opportunity and interest to review the issues in depth is both an advantage and a disadvantage. Informed decisions may result from delegates increased understanding of the issues, however as this happens their views become less representative of the general population. For example at the 1998 constitution convention, delegates supporting direct-election
Direct election republican model (Australia)
A direct election republican model is a proposal for Australian constitutional reform. If proposal of this type is approved at a referendum, it would establish Australia as a republic with a Head of State chosen directly by the Australian electorate....
fared poorly in the voting in contrast to the results of opinion polls.
Non-binding plebiscite
A non-binding plebiscite is where all voters answer an important question without changing the constitution. Two fundamental and inter-related questions have characterised republican debate:- What republican system is best for Australia? - the model question
- Should Australia become a republic? - the threshold question
A referendum involves voters in the second question and only in accordance with the constitution, however a plebiscite advantageously can involve voters in the first question and for both questions bypass the need to draft a specific constitutional amendment. For example, the model question can be a multiple choice question rather than Yes or No.
Plebiscites have the advantage of being inherently democratic. According to Labor's
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
Nicola Roxon
Nicola Roxon
Nicola Louise Roxon is an Australian politician, and is the Minister for Health and Ageing. She has been a Labor member of the Australian House of Representatives since 1998, representing the Division of Gellibrand, in the inner-western suburbs of Melbourne, Victoria.-Early and personal life:She...
, "you cannot go wrong by simply asking the Australian people what they think – and put the decision in their hands."
The disadvantage is that plebiscite questions are inter-related. How a voter answers one question is affected by how they, or the electorate, answers the other. This creates controversy when the sequence, the voting procedure and/or the wording of the question seems to favour one side. Furthermore, each question raises its own issues:
Model question
The model question asks what republican system is best. A typical proposal for a model plebiscite offers a choice of between 4 and 6 models by numbering preferentiallyInstant-runoff voting
Instant-runoff voting , also known as preferential voting, the alternative vote and ranked choice voting, is a voting system used to elect one winner. Voters rank candidates in order of preference, and their ballots are counted as one vote for their first choice candidate. If a candidate secures a...
. For example, the 2004 Senate Report, Road to a Republic recommended a list as follows:
- Prime Ministerial appointment
- Appointment by a two-thirds majority of a joint sitting of parliament
- Appointment by an electoral college, which has been elected on the same basis as the Senate
- Direct election of Parliament's candidates: Powers of head of state to be codified
- Direct election by the people: Powers of head of state to be codified
The advantage of the model question for republicans is that once a choice is made, internal debate will lessen and they can focus on refining and promoting the one system. A disadvantage is that some models are excluded, for example the McGarvie Model
McGarvie Model
The McGarvie Model is a proposition for change to the Australian Constitution to remove references to the monarchy and establish a republic. It is also known as the Australian Democracy Model....
is not mentioned in the above list even though it was successful at the 1998 constitutional convention.
Some republicans believe that the success of a direct-election model is a foregone conclusion. Conservative republican Greg Craven believes that the "model with the shallowest surface appeal will win ... with problems that will surface later."
Supporters of the status quo
Status quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
argue that voters must also have the option of voting for no change, which would have the effect of intertwining this question with the threshold question.
Threshold question
The threshold question asks whether Australia should become a republic. The wording of the proposal varies considerably, however to take an interesting example, Dr Barry Gardner suggests "do you favour Australia becoming a republic through the use of a model approved by a majority of the Australian people?".
The example makes clear that the threshold question makes sense if posed before the model question. If the two questions were posed on the same ballot, then the threshold question would appear first. The example also tries to address what is known at the 'blank cheque' problem—that one may not know exactly what they are voting for.
The threshold question invites both risk and opportunity for both republicans and monarchists. For republicans it is a chance to sift the model debate out of the equation and obtain a clear indicator of public support, which according to the ARM
Australian Republican Movement
The Australian Republican Movement is a non-partisan lobby group advocating constitutional change in Australia to a republican form of government, from a constitutional monarchy.-Foundation:...
is "what monarchists fear the most."
However for status quo supporters, it is an opportunity to close down the republican debate for the long-term. ACM's
Australians for Constitutional Monarchy
Australians for Constitutional Monarchy is a group that aims to preserve Australia's current constitutional monarchy, with Elizabeth II as Queen of Australia...
Kerry Jones says "I believe we would win it ... Plebiscites would strengthen the current system because people would say, 'Look at the can of worms that that is opening up.'"
Monarchists officially object to the threshold plebiscite on the basis it subverts the intent of the amendment procedure of the Australian constitution. Opponents raise the concern that it could undermine confidence in the constitution prior to a republic being established.
Title and other plebiscite questions
Some republicans suggest that other plebiscite questions should be asked, so to increase voter input to the eventual republican proposal. The question "what shall we call the Head of State?" is independent, to a large extent, of the models question and can be asked on the same ballot paper. The likely answer will be either Lord President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
or Governor-General
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
. Critics of such a question say it "will only distract the electorate."
Referendum
A referendumReferendums in Australia
In Australia, referendums are binding polls usually used to alter the Constitution of the Commonwealth or a state or territory. Non-binding polls are usually referred to as plebiscites.-Federal referendums:...
is typically the last component of any process model and the only established way of changing the constitution. A proposal must be approved by parliament. Prior to voting every household is sent a copy of the amendment and an argument of equal weight for voting Yes and for voting No. To pass at referendum, the proposal must obtain approval from a majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...
of voters nationally and a majority in four states.
Multi-choice referendum
A non-binding plebiscite does not change the constitution. An alternative proposal, a multi-choice referendum, involves altering the law concerning referendums, to offer a new way of amending the constitution. This is also known as a binding plebiscite.If implemented, voters would receive a ballot paper with a list of models, similar to the non-binding models plebiscite described earlier. Each model would be associated with a specific set of constitutional amendments. The preferential IRV voting system would be used to select the successful model and the associated amendments would then be made.
This type of proposal is argued to be possible because the relevant section of the constitution is not specific, saying "the vote shall be taken in such manner as the Parliament prescribes." Tim Fischer
Tim Fischer
Timothy Andrew Fischer, AC , is a former Australian politician. He served as Deputy Prime Minister in the Howard Government from 1996 before retiring from Cabinet in 1999...
put forward a similar proposal which converts the threshold plebiscite into a special referendum, held in advance, to absolutely confirm the legality of this procedure. Nevertheless, the proposal has received little support and there are clear political and legal risks. Opponents of republicanism would probably ask the High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
to declare that the proposal was unconstitutional.
Howard government policy
When John HowardJohn Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
became Prime Minister of Australia
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
in 1996, he initiated the first process model which concluded with the 1999 republic referendum
Australian republic referendum, 1999
The Australian republic referendum held on 6 November 1999 was a two-question referendum to amend the Constitution of Australia. The first question asked whether Australia should become a republic with a President appointed by Parliament following a bi-partisan appointment model which had...
.
The process commenced with the election of 76 delegate
Delegate
A delegate is a person who speaks or acts on behalf of an organization at a meeting or conference between organizations of the same level A delegate is a person who speaks or acts on behalf of an organization (e.g., a government, a charity, an NGO, or a trade union) at a meeting or conference...
s to a constitutional convention. In the election, delegates obtained support by declaring their general views on republicanism rather than through being members of a political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
. A further 76 delegates where chosen by the Prime Minister and taken from the leadership of political parties from the federal parliament and the various states and territories of Australia.
In his speech to open the convention, Prime Minister Howard declared that "if clear support for a particular republican model emerges from this Convention my government will ... put that model to a referendum of the Australian people [however if] this Convention does not express a clear view [then] the people will be asked to vote in a plebiscite which presents them with all the reasonable alternatives. A formal constitutional referendum, offering a choice between the present system and the republican alternative receiving most support in the plebiscite, would then follow."
The convention voted in support of the bi-partisan appointment republican model
Bi-partisan appointment republican model
The Bi-partisan appointment republican model is a proposal for Australian constitutional reform. If approved at referendum, the model would have established Australia as a republic with a Head of State appointed by the Australian Federal Parliament...
and then voted in support of it being put in a referendum.
That referendum was held on 6 November 1999 and was not successful.
For the remainder of his time in office, John Howard argued that there was no necessity to commence a new process as nothing significant has changed since the referendum.
Corowa conference
In 2001, a conference on developing new process models was initiated by Richard McGarvieRichard McGarvie
Richard Elgin McGarvie, AC, KStJ, QC was a judge in the Supreme Court of Victoria and Governor of Victoria from 1992 to 1997.-Early life:...
. It was held in Corowa, New South Wales
Corowa, New South Wales
Corowa is a town in the state of New South Wales in Australia. It is on the bank of the Murray River, the border between New South Wales and Victoria, opposite the Victorian town of Wahgunyah. Corowa is the administrative centre of Corowa Shire...
being the place where the movement for Federation
Federation of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed one nation...
was restarted in the 1890s after it had stalled. Opponents of republicanism also attended the conference.
McGarvie's preferred process involved asking all the parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
s of Australia to establish model development committees, which would design very detailed models. The models would then be put to a plebiscite. The winning model for each jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
would be put to a special referendum which would change the Federation and the States simultaneously into a republic.
The successful proposal was organised by George Winterton
George Winterton
George Graham Winterton was Professor of Constitutional Law at the University of Sydney. Prior to his appointment to Sydney University in 2004, he taught for over 28 years at the University of New South Wales...
and called the "Royal Hotel Proposal" after the location of their late night negotiations. It said there should be a plebiscite that should ask essentially two questions:
- Do you favour a republic as opposed to the Monarchy? Then
- If there is a republic, which of the four following models do you want?
Subsequent to this delegates would be elected to a constitutional convention to draft the actual proposal in detail, which would go ultimately to a referendum.
ALP three step process
The Australian Labor PartyAustralian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
has long planned a three step process involving:
- A threshold plebiscite
- If that plebiscite is successful, a models plebiscite
- A referendum based upon the successful model
Originally Labor was to hold each stage at the same time as a general election, so a republic could not be established until nine years had passed, assuming full terms. In April 2004, former leader Mark Latham
Mark Latham
Mark William Latham , an author and former Australian politician, was leader of the Federal Parliamentary Australian Labor Party and Leader of the Opposition from December 2003 to January 2005....
fast tracked the timetable saying "We'd want to get that done in our first term. So have the first plebiscite then the second and then by the time of the following election would be good timing for a constitutional referendum."
Former Labor Prime Minister Kevin Rudd
Kevin Rudd
Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...
, acknowledged that becoming a republic was an important part of the nation's future but would not be a priority in his first term in government.
ARM proposal
The Australian Republican MovementAustralian Republican Movement
The Australian Republican Movement is a non-partisan lobby group advocating constitutional change in Australia to a republican form of government, from a constitutional monarchy.-Foundation:...
now supports a non-bind plebiscite to decide the model, followed by a binding referendum to amend the Constitution, reflecting the model chosen.