2.1
This chapter considers the level of awareness and understanding of the Constitution and constitutional framework among school students and the general public.
2.2
The chapter also examines current programs aimed at enhancing awareness and education on constitutional issues, and considers evidence received on suggestions and opportunities to improve and strengthen constitutional education for both school students and the public.
2.3
The Committee notes that some of these issues were considered in the Joint Standing Committee on Electoral Matters’ 2007 report Civics and Electoral Education—noting that that inquiry considered civics education broadly rather than constitutional matters in particular, and it was also held before the civics and citizenship curriculum was made compulsory for students in years 3 to 8.
Awareness of the Constitution
2.4
The Committee sought information about the current state of awareness of the Constitution to assist it in understanding where there are opportunities to improve and strengthen education amongst school students and the general public.
Students
2.5
The Committee received limited evidence on schools students’ awareness and understanding of constitutional issues. The evidence it was given suggested that education and understanding is low, which was raised as an important matter for consideration during the inquiry.
2.6
The primary source of data cited in evidence was the National Assessment Program (NAP) sample assessments, which assesses groups of students in years 6 and 10 on a three-yearly basis on subjects including civics and citizenship. The NAP Civics and Citizenship 2019 National Report states that the civics and citizenship sample assessment:
… assesses students’ skills, knowledge and understandings of Australian democracy and its system of government, the rights and legal obligations of Australian citizens and the shared values which underpin Australia’s diverse multicultural and multi-faith society.
2.7
Data was provided on 5,611 year 6 students and 4,510 year 10 students. Figures from the report showed that 53 per cent of year 6 students met or exceeded the proficient standard nationally, while 38 per cent of year 10 students met or exceeded the proficient standard. Table 2.1 provides the percentages of students at the year 6 and year 10 level across each state and territory, and nationally, attaining the proficient levels.
Table 2.1: Percentages of year 6 and year 10 students at or above the proficient standard for the civics and citizenship curriculum by state and territory and nationally in 2019
|
|
|
|
|
NSW
|
54
|
40
|
|
Vic.
|
53
|
39
|
|
Qld.
|
54
|
35
|
|
WA
|
53
|
45
|
|
SA
|
43
|
29
|
|
Tas.
|
47
|
26
|
|
ACT
|
66
|
51
|
|
NT
|
24
|
28
|
|
Australia
|
53
|
38
|
Source: Australian Curriculum, Assessment and Reporting Authority, NAP Civics and Citizenship 2019 National Report, p. 5.
2.8
The Department of Education, Skills and Employment (DESE) advised that the proficient standard:
… represents a challenging but reasonable expectation of student achievement at a year level, with students needing to demonstrate more than elementary skills which might be expected at that level.
2.9
Further, DESE explained that while the national curriculum sets out the content that is taught in the civics and citizenship curriculum from years 3 to 10, it is the responsibility of the states and territories to give effect to that content.
2.10
The Attorney-General’s Department stated that ‘schools determine pedagogical and other delivery considerations that account for students’ needs, interests and the school and community context’.
2.11
Professor George Williams was one of a number of witnesses who expressed concern about civics education in schools. He told the Committee that the problem can be seen at universities where there are ‘really smart uni students who disclaim knowledge of even some of the most basic aspects of our government, let alone the Constitution’.
2.12
Benjamin Cronshaw submitted that young people and students ‘could benefit most from learning more about the Australian Constitution and the political system, particularly as they come to vote for the first time in elections or potential referendums.’
General public
2.13
Data on the general public’s awareness and literacy about the Constitution, constitutional matters and referendums was also limited.
2.14
In 2021, a survey conducted by the Griffith University Centre for Governance and Public Policy, the Australian Constitutional Values Survey 2021, found that 82.7 per cent of those surveyed had heard of the Constitution before.
2.15
While this shows that most Australians have an awareness of the Constitution, participants in the inquiry drew the Committee’s attention to what they perceived to be a large deficiency in knowledge of what is actually contained in it, including knowledge about referendums, amongst the Australian population.
2.16
Professor Williams told the Committee about two polls which emphasised this problem:
… one poll taken … asked Australians, 'Do we have a written Constitution?' Around one in two said no. You can guess the answer to that—yes or no—so heaven knows what the actual result was. There was a poll that came out just a couple of months ago, asking Australians, 'Do we have some sort of bill of rights in our Constitution?' Over 50 per cent said yes. So we're dealing with a very large problem …
2.17
In addition, the Australian Republic Movement (ARM) stated that its own research has ‘highlighted the general lack of awareness about the nature and role of the office of Governor-General, their important constitutional functions and the separation of powers outlined in the Constitution’.
2.18
The Australian Electoral Commission (AEC) submitted that it had recently conducted developmental research on referendums and found that ‘there is little or no knowledge of referendums and their purpose within the Australian voting public’.
2.19
A number of submitters considered that this lack of awareness feeds into distrust and disengagement with Australia’s democratic system. ARM believed that ‘voters will continue to feel alienated from the decisions made by elected leaders unless they are equipped with a working knowledge of government institutions in Australia’.
2.20
Professor Williams stated that the lack of awareness is ‘undermining the ability of citizens to be effective participants in government and to hold governments to account’. He added that Australians are feeling frustrated that they are being ‘left out of deliberative processes that determine how this nation is governed’ which then feeds into distrust and apathy.
2.21
Similarly, Dr Bede Harris stated that ‘public disenchantment with the political system as a whole’ leads to difficulty in persuading voters ‘of the need for constitutional reform’.
2.22
Mr Glenn Barnes from Citizens for Democratic Renewal told the Committee that the lack of trust in Australia’s political processes means that it is ‘highly unlikely that the electorate would pass any referendum proposal framed solely by politicians today’.
Civics education at school
2.23
The Committee heard about the Australian curriculum and the range of initiatives in place to educate school students about the constitutional framework. Nevertheless, evidence to the inquiry emphasised the importance of more participatory and hands-on education.
National curriculum and programs in place
2.24
The civics and citizenship curriculum, as part of the Australian Curriculum, comprises three key focus areas at each year level—government and democracy; laws and citizens; and citizenship, diversity and identity. The Attorney-General’s Department submitted that the focus areas include learning about:
… the key features of government under the Australian Constitution with a focus on the separation of powers, the roles of the Executive, the houses of parliament and the division of powers.
2.25
The civics and citizenship curriculum is compulsory for students in years 3 to 8, and in years 9 and 10 it is offered as an elective. Students in years 11 to 12 are not taught the curriculum at all. DESE submitted that students in years 3 to 10 are taught the curriculum ‘approximately 20 hours per year’ and that it has no data on how many students are enrolled in the learning area when it is offered as an elective in years 9 to 10.
2.26
To support the curriculum, the Australian Government runs programs that aim to improve students’ understanding of the Constitution and Australian democracy. In their submissions and answers to questions on notice, the Attorney-General’s Department and DESE provided an overview of the programs in the area of civics and citizenship currently in place. Table 2.2 lists the programs with brief descriptions.
Table 2.2: Civics and citizenship education programs
2.27
The AEC told the Committee that it places a ‘high priority’ on digitising its material to provide access to students in remote areas. It also highlighted its Democracy Rules program, which it said was a ‘flagship online education resource for schools’:
That is a program to enable teachers to deliver democracy education within schools. It’s a 150-page program. It includes a dedicated five-minute animated video on changing the Constitution and seven separate classroom based activities on constitutional reform and referendums, how we change the Constitution, how the Constitution influences our lives and how referendums work.
2.28
Similarly, DESE submitted to the inquiry that many of its PACER institutions also facilitate digital programs and resources such as:
a free video conferencing program for students in years 5 to 12, connected with parliamentary experts from the PEO
‘digital excursions’ to MOAD for primary and secondary students
live and interactive virtual excursions to the Australian War Memorial.
2.29
DESE advised that some civics and citizenship education programs were further pivoted ‘from face-to-face delivery to online’ due to the COVID-19 pandemic. The NSCC was held as a virtual event in October 2020 and March 2021, with a total of 46 students and 107 students participating in each respectively.
2.30
DESE submitted that the PACER institutions have anecdotally reported that ‘interest from schools in their digital programs has grown over the past two years and that schools are opting to utilise the programs’ in classrooms.
Suggestions to improve education
2.31
A strong theme in evidence to the inquiry was that the civics and citizenship curriculum would benefit from a stronger focus on students participating in practical, hands-on civics education.
2.32
Professor Williams explained that ‘you don't get very far with just relating information in this area. It is really dry and often pretty dull’ and that hands-on, practical activities are the key to reinforcing education. He went on to say that the ‘best thing’ he had seen that works in actively engaging students are the school-based constitutional conventions:
Instead of just relating information, there would be an engaging exercise that they're all involved in. The key is, as part of that, to choose a good topic. It might be, for example, 'Should the constitution be amended to provide that 16-year-olds should vote?'
2.33
Dr Paul Kildea agreed that ‘relevance is a real key here’ and explained that students would be more knowledgeable about the Constitution if they were enabled to ‘participate in a meaningful way in national debates’.
2.34
Similarly, Dr Carolyn Holbrook submitted to the inquiry that ‘only when young people feel that the Constitution is relevant to them and their concerns, will they become genuinely engaged’.
2.35
The AEC told the Committee it ‘would like to be involved’ in school based constitutional conventions ‘to an extent’.
2.36
When asked how to broaden participation in conventions beyond students who ‘self-select’ themselves for each event, Professor Williams proposed that every school should hold a constitutional convention to ensure that ‘every kid would get involved at that point, not just the select few’.
2.37
Dr Kildea suggested that the ‘random selection’ of students avoids the self-selecting group from participating every time. He stated that the random selection approach is ‘used for deliberative forums, like citizens' assemblies’:
The benefit of it means that you would get people of all levels of ability and different life circumstances, and the evidence shows that it makes for a really enriching debate … there's potential for everyone there—the people who are at the top of the class and in the middle and at the bottom—to learn, to get excited about constitutional change.
2.38
Similarly, Women for an Australian Republic submitted that ‘all students, including female students’ should have equal opportunity to participate in the conventions. It suggested that ‘more funds’ could be provided:
… for additional online conventions and practice parliaments in order to enable students outside capital cities, from a wider range of schools and from a wider range of feeder subjects to participate. These online events should be held more frequently and also be extended to students in Years 7 to 10 at appropriate levels of participation/activity.
2.39
DESE submitted to the Committee that the relevant jurisdictions manage regional and state constitutional conventions and there is no involvement by the Department. In terms of selection of students, DESE said that:
… states and territories are allocated student places at the national convention based on the size of the jurisdiction and jurisdictions manage selection … the jurisdictions do consider gender balance, school sector, location and socio-economic mix.
2.40
DESE went on to say that in the 2021-22 Budget, $2.2 million was announced for a Youth Engagement Package which included a one-year pilot in 2022 to expand the NSCC to students in years 9 and 10. DESE told the Committee that it is ‘currently in the final stages of the related tender process’.
2.41
In its 2007 report, the Joint Standing Committee on Electoral Matters recommended that the PEO and the AEC be given more support to access additional space to host a greater number of students and schools in their relevant civics programs.
2.42
In its response, the Government said that while the programs at the AEC and PEO are ‘an effective way to deliver civics and electoral education’, ‘class room education is often a more efficient way to reach a large number of students’.
2.43
The 2019 NAP Civics and Citizenship National Report found that students with greater participation in school governance activities or extracurricular civics and citizenship activities were more likely to have higher levels of achievement in the NAP. However, the number of year 11 and 12 students that attend the NSCC each year is low when compared with the total number of students enrolled across Australia. For example, in 2019, almost 507,000 students were enrolled in years 11 and 12, while ‘up to 120’ students attend the NSCC every year.
2.44
The Committee also received evidence that the curriculum had shortcomings in teaching students an ethical and philosophical framework against which to evaluate the Constitution. Dr Harris told the Committee that low levels of civic knowledge and understanding arise from the lack of ‘any critique of the Constitution or how it might be improved’ in curriculum content.
2.45
Dr Harris explained that while ‘the civics and citizenship module is very good from a mechanical point of view, in that it explains how the Constitution as it is written operates’, the curriculum fails to ‘develop an ethical framework against which to evaluate institutions’:
Although in Year 7 students study a module on ‘How values, including freedom, respect, inclusion, civility, responsibility, compassion, equality and a ‘fair go’, can promote cohesion within Australian society,’ the curriculum provides no coverage of philosophy, without a knowledge of which it [is] surely impossible to understand and evaluate the values underlying a constitution.
2.46
Other suggestions received in evidence to strengthen the civics and citizenship school curriculum included more opportunities for academics to visit schools to talk to students about civics, a ‘greater emphasis on civics education in Australian schools’, and that the curriculum should be compulsory for students beyond Year 10.
General public education and awareness
2.47
In relation to education and awareness of the Constitution among the general public, participants in the inquiry raised issues including the lack of education initiatives currently in place and the need for adults to experience a more practical and hands-on approach to learning about the Constitution.
Current education initiatives in place
2.48
Evidence to the inquiry highlighted that education campaigns and initiatives aimed at adults on the Constitution and constitutional framework are limited. The AEC told the Committee that the Australian public’s awareness ‘about elections and anything to do with the constitution is actually sparked by an electoral event’:
It may be dormant in between those periods, but, when an election gets closer, citizens seem to be very interested in those sorts of issues, and we think our education campaigns and awareness campaigns are far more effective when they're proximate to an electoral event.
2.49
The AEC explained that it hadn’t ‘spent a huge amount of time talking about the Constitution’ in its education campaigns ‘because that is probably the role of other forms of civics education rather than the AEC’s’.
2.50
In addition to programs for students, the AEC provides general information on referendums on its website, however its role during a referendum is to ‘educate the public about the referendum itself, not the topic areas’:
The goal of an AEC referendum campaign would be to inform voters of their right and responsibility in relation to participation in a referendum; and of the electoral services to facilitate enrolment, voter turnout and formal voting. A significant part of the campaign is the management and delivery of the legislated referendum booklet to all addresses on the electoral roll.
2.51
As discussed earlier in this chapter, the AEC found in its market research that ‘there is little or no knowledge of referendums and their purpose within the Australian voting public’. The AEC advised that as a result of these findings, it would introduce an early educative campaign phase ahead of a future referendum period ‘to educate the community on the purpose and process of referendums’.
2.52
Evidence on information and education about a referendum question once a referendum process begins is discussed in detail in Chapter 4.
2.53
When the Committee asked if DESE delivered programs that sought to engage the general public in relation to constitutional matters, the Department stated that the programs at the High Court ‘certainly aren't purely focused on children’ and that the programs, such as the Australian Constitution Centre, exists ‘as resources that can be accessed by the general community’:
It is focused on young Australians, but it doesn’t prevent others in the community from accessing and using that resource as well.
2.54
DESE explained that the ‘Discovering Democracy pieces and some short, animated videos on civics and citizenship education’ can also be accessed by parents and other members of the community. DESE submitted however that the resources are not translated into multiple languages as they are developed with an aim to support educators of students, rather than the general public.
2.55
The Attorney-General’s Department submitted that it ‘does not have programs that provide information to the general public or seek to engage them in relation to constitutional matters’.
Suggestions to improve awareness and knowledge
2.56
As some submitters advocated for students to experience a more practical and hands-on approach to learning about the Constitution, some advocated for a similar approach to strengthen adults’ knowledge and awareness.
2.57
Women for an Australian Republic argued that the general population requires a ‘practical application’ of civics education and that voter awareness ‘will only improve if it becomes a regular habit’.
2.58
Professor Gabrielle Appleby supported practical approaches to education such as ‘more regular citizens’ deliberative processes’.
2.59
Professor Williams told the Committee that education campaigns are lacking ‘a hook or some regular activity that draws our conversation towards constitutional change’.
2.60
Several submitters advocated for the introduction of a constitutional convention as a means of regular community engagement and education in constitutional reform.
2.61
Women for an Australian Republic stated that the ‘topical 1998 Constitutional Convention, which was televised, gripped the country for two weeks because it put both sides of the case under the normal rules of debate, providing knowledge and information as well as an appreciation of other points of view’.
2.62
Professor Appleby also reflected positively and told the Committee that a regular convention would:
… regularise language around constitutional reform, regularise the idea of constitutional reform, regularise the idea that we may be able to achieve constitutional reform, and people will start to be engaging with the substance rather than just thinking, as we’ve seen with a number of referendum proposals, ‘don't know—just vote no’.
2.63
Professor Williams explained that constitutional conventions ‘tend to capture enormous attention across the community’ and described the convention at Old Parliament House in 1998 as a ‘focal point of very powerful community engagement and education’.
2.64
The Attorney-General’s Department stated that while the extent to which constitutional conventions enhance public awareness is difficult to assess, ‘previous conventions have provided opportunities for public engagement through community representations, calls for public submissions, and public forums’.
2.65
The Department commented that the ‘extent to which a convention or similar event is able to engage with the public and raise awareness about the Constitution will be at least in part dependent on funding’.
2.66
Constitutional conventions as a mechanism to review the Constitution are discussed in further detail in Chapter 3.
2.67
Women for an Australian Republic among others suggested a range of practical methods to improve education and awareness, including sponsoring trips to Canberra for adults similar to the PACER program, holding more regular referendums, holding frequent plebiscites and polls to stimulate interest and engagement, and introducing programs similar to school curriculums for the wider public.
2.68
Dr Kildea told the Committee that Australians need to ‘get into the practice of voting in referendums’. Similarly, Women for an Australian Republic submitted that:
There is no point investing in civics education with no practical application or result. Frequent plebiscites and polls, often at the touch of a button, and referendums becoming an expected feature of regular visits to the ballot box, whether online or in person, would provide that practical application.
2.69
Women for an Australian Republic explained that the deliberative polls held in the lead up to the 1999 referendum were ‘highly successful in providing information about the choices’.
2.70
Mr Sandy Biar from the Australian Republic Movement also argued that public awareness and educational campaigns should not be left to the period immediately before a referendum as this limits their impact. He explained that ‘civics education should be an ongoing process to lift the overall level of participation and political awareness in the decision-making process’.
2.71
The Law Council of Australia also saw value in improved public awareness stating it would ‘address the risk of misinformation campaigns de-railing potential reforms.’ It proposed that a review should be conducted ‘to understand what lessons can be learned from successful public information campaigns’.
Committee comment
2.72
The Committee is concerned about the apparent low levels of understanding of the Constitution and constitutional framework in school students, as evidenced by the low ‘proficient’ levels across year 6 and 10 students in the 2019 civics and citizenship assessment.
2.73
The Committee notes evidence received indicating that participation in extracurricular civics and citizenship activities increases students’ level of achievement in the curriculum. As such, it is the Committee’s strong view that the school curriculum requires a stronger focus on students participating in more practical, hands-on civics education, such as more regular and expansive school constitutional conventions.
2.74
The Committee notes that the number of year 11 and 12 students that attend the NSCC annually is extremely low when compared with the number of students enrolled across Australia. The Committee acknowledges that the program is being piloted for year 9 and 10 students; however a much wider expansion of the program is needed. The Committee notes that there are a number of academics and stakeholders who are keen to be involved and lend their expertise to student constitutional conventions.
2.75
The Committee recommends that the Australian Government fund and support an expansion of the National Schools Constitutional Convention (NSCC) program with the objective of including more students every school year.
In expanding the NSCC, the Department of Education, Skills and Employment should work with the states and territories to ensure the broadest possible participation, including by:
rotating the location of conventions to ensure that students in rural, regional and metropolitan areas can equally participate, or supporting students who face barriers to travel (geographical, financial) to attend Canberra
assisting schools to hold their own convention, to encourage wider participation
expanding the conventions or increasing their frequency to accommodate more students from years 9 to 12
ensuring that students from disadvantaged and diverse backgrounds are appropriately represented.
2.76
From evidence to the inquiry, it is clear to the Committee that education campaigns and initiatives aimed at the wider population on the Constitution and framework are limited and inadequate, contributing to low levels of awareness and knowledge of, and engagement with, Australia’s democratic system.
2.77
Based on their own experiences and communications with constituents, Committee members have observed that there is a concerning number of Australians who don’t know about the Constitution or are misinformed about what is actually contained in it.
2.78
The Committee appreciates the challenges of engaging the public on such issues outside of a referendum campaign period. However, the Committee is concerned to see greater efforts made towards improving Australian’s literacy on the constitutional framework and system of government.
2.79
The Committee notes that while the programs at the High Court and relevant resources published by other bodies such as the AEC are accessible by all members of the general community, not only school students, these are not necessarily widely advertised to adults.
2.80
As such, the Committee considers that the Government should introduce new initiatives for adult education about the Constitution, including campaigns run during constitutional conventions and referendum periods in order to capitalise on these opportunities.
2.81
The Committee also considers that a better understanding of Australians’ current knowledge of the constitutional framework would assist in the design and delivery of any new education and information programs.
2.82
The Committee recommends that the Attorney-General’s Department commission a study on the Australian people’s awareness of the Constitution, referendums and constitutional matters.
Outcomes from this study should inform consideration of future initiatives to increase public literacy about Australia’s Constitution.
2.83
The Committee recommends that the Australian Government develop and implement a public awareness and education program on the Constitution, constitutional framework and Australia’s democratic system.
Such a program may include an ongoing education campaign, and promotion online and on social media. It should draw on and seek to increase public engagement with existing resources already available to the public, such as those of the Australian Constitution Centre, Australian Electoral Commission and Parliamentary Education Office.
Such a program should be designed and operated independently from the timeframe and context of any particular referendum, while being able to capitalise on opportunities for public education presented by referendum periods or other constitutional events when they arise.
Any program should ensure it appropriately communicates with First Nations and CALD communities.
An ongoing education campaign should complement and feed into other processes considered by this Committee, including conventions, which are intended to increase citizen involvement in proposals and campaigns for constitutional reform.
2.84
The Committee notes that almost a third of Australia’s population are migrants and considers that there is also a need to reach out to this population to ensure that there is a widespread understanding of Australia’s Constitution and democratic system. While the Joint Standing Committee on Electoral Matters recommended in its 2007 report that the AEC review the languages it translates its materials into, and that the then Department of Immigration and Citizenship develop a program of electoral education, these recommendations relate more to the electoral system, than the Constitution.
2.85
The Committee suggests that reaching out to the migrant population through the Adult Migrant English Program on civics could be an effective way of disseminating education and information about the Constitution and the constitutional framework, and encourages the Government to consider strengthening this aspect of the program.