Shorten’s question
A SHORTEN Labor government will change a fundamental part of our democratic process. A Shorten Labor government will alter the way referendums are held.
Labor will use these changes to convert Australia to a republic model.
The issue is that a Shorten Labor government will establish a referendum process by which the people are denied true democracy.
The issue is not Australia becoming a republic but the underhanded manner by which Mr Shorten will corrupt the referendum process.
Labor’s stated policy is it will first hold a plebiscite with the question being “Do you want an Australian head of state?” This will be a “Yes/ No” question.
Plebiscites are not legally binding on the Parliament and cannot be used to change the Constitution.
Mr Shorten has said if the “yes” vote wins, Labor will give Australians a choice of republic models in a subsequent referendum.
Presently, any change to the Constitution requires a Yes/ No referendum – Yes for change and No to remain as is.
Mr Shorten argues that the 1999 referendum was lost because Australians did not agree on the model proposed, not because they opposed being a republic. He has stated he will not make that mistake again.
The referendum section of the Constitution states: “When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes.”
The Constitution does not prescribe how a referendum question must be worded.
The Yes/ No style of referendum question is prescribed in the Referendum Act which is legislation and therefore can be changed by the parliament.
If Labor forms government and if with the Greens, they control the Senate, Labor can remove the Yes/ No referendum style of question.
Labor may give Australians a false choice between two re- public models the people may not want. By default, one of these Labor models must be adopted. To dispute my assessment, the following issues must be answered.
Why hold a plebiscite with a Yes/ No question with the intention of it being followed by a referendum with a Yes/ No question?
Mr Shorten has stated he will not make the mistake of having a referendum with a Yes/ No choice between remaining as we are or a selected republic model.
If the referendum was to remain a Yes/ No decision, if the Referendum Act was not changed, and, to enable Australians to select a preferred re- public model, should not the plebiscite be a choice between a range of republic models?
Once the preferred model is known, wouldn’t the subsequent referendum then be a Yes/ No vote for change or not?
Mr Shorten has stated Labor will not have a Yes/ No referendum as in 1999.
To do what Mr Shorten is proposing, his government must change the Referendum Act Legislation.
If the Referendum Act legislation is changed, will it be changed back after we become a republic or will it be used to force further constitutional changes upon Australians? BARRY LOWE,
Kirwan.