Posted 14/06/2023 by Stephanie Gill
For eligible voters born since 7 November 1981, the proposed referendum on the First Nations Voice to Parliament is shaping up to be their first time participating in such an event. As at 31 March 2023, these first-time referendum voters (AEC age groups 18 to 39) make up approximately 35% of the electoral roll. This Flagpost article focusses on the Government’s civics education and awareness program (the program), to be rolled out in the lead up to the proposed referendum and uses examples of similar previous initiatives that illustrate what we might expect.
Civics education and awareness program
The Government announced its ‘education on the Constitution and referendums’ program as part of the Referendum (Machinery Provisions) Amendment Bill 2022. On 1 December 2022, Minister Patrick Gorman stated in his second reading speech:
A decision to change our Constitution is a significant national event, and it has been more than two decades since a change has been proposed. It is therefore important that the government can fund civics education in relation to the upcoming referendum on the Voice.
To that end, the bill will temporarily suspend expenditure restrictions in section 11 of the referendum act to ensure the government can provide Australians with factual information about the referendum.
This information will provide voters with a good understanding of Australia's constitution, the referendum process, and factual information about the referendum proposal.
Further details about the program appeared in a media release on 4 May 2023 by Minister Linda Burney. The Museum of Australian Democracy will receive $475,000 and the Constitution Education Fund Australia $1 million to ‘jointly deliver a grassroots civics program’. In late May an information program launched, directing Australians to learn more at Voice.gov.au. The next phase of the program will be launched in June.
How it gets funded
As noted in the Bills Digest for the Referendum (Machinery Provisions) Amendment Bill 2022, ‘subsection 11(4) spending restriction provisions have been suspended for every completed and intended referendum for the past 23 years’. This demonstrates the standard practice to make arrangements for a government-funded information campaign in the lead up to a referendum.
This was implemented by Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet’s Portfolio Measures No. 1) Regulations 2023 on 6 March 2023.
The October 2022 Budget (p. 107) contained broad funding information for the referendum’s preparations (though not explicitly covering civics education). More recently however, the 2023–24 Budget included ‘$12.0 million over two years from 2022–23 for the National Indigenous Australians Agency (NIAA) and the Museum of Australian Democracy for neutral public civics education and awareness activities’ (Budget Paper No. 2, p. 85).
‘Well back in my day’: public education in the lead up to referendums
Until further information emerges about the program, past civics education programs from the 1999 Republic and proposed 2013 local government referendums may provide some insights.
During the Minsters’ second reading speeches for the Referendum Legislation Amendment Act 1999 and Referendum (Machinery Provisions) Amendment Act 2013, the respective Attorneys-General made similar statements:
The government's intention is to give the Australian people who will be required to vote on a republic the best chance possible to understand the issues at stake and the arguments for and against change.
Daryl Williams, Hansard, 11 March 1999, p. 3761.
I would adopt the comments made by the member for Mackellar a moment ago about the need to ensure that electors are as informed as possible. That is what the lifting of this current limitation on spending is directed to.
Mark Dreyfus, Hansard, 14 May 2013, p. 3122.
In 1999 the Howard Government allocated $4.5 million for a pamphlet to be prepared and distributed to voters. Legal scholars Williams and Hume (2010, p. 64) explain:
This pamphlet – entitled ‘Know Your Facts’ – was prepared by a panel of five eminent Australians and contained information on Australia’s system of government, referendum processes and background information on the referendum questions. The panel was chaired by Sir Ninian Stephen, a former Governor-General and High Court Justice.
Some information prepared by the expert panel can be found in this document.
In 2013 the Gillard Government proposed $11.6 million for a civics education campaign, ‘to provide information to the general public on the referendum and reform process’ (Budget Paper No. 2 2013–14, p. 246). However, because the referendum did not eventuate further detail is limited. As the current program is rolled out, we will likely get a sense of what civics knowledge the administering agency—the National Indigenous Australians Agency—considers is important for voters to cast an informed vote.