What is the Australian Constitution?
The Australian Constitution is the founding legal document of the Commonwealth of Australia. It was passed by the British Parliament as part of the Commonwealth of Australia Constitution Act 1900 and took effect on 1 January 1901.
The Constitution was drafted by delegates from the colonies at conventions in the 1890s, then approved by voters in each colony. It sets up the federal Parliament, the executive government and the High Court.
It divides power between the federal government and the states. The Commonwealth has specific powers, such as defence, immigration, trade and currency, while the states keep other powers, such as schools and hospitals.
Changing the Constitution
The Constitution can only be changed by a referendum. A proposed change must pass with a double majority: a majority of voters nationally and a majority in at least four of the six states.
This high bar means change is rare. Only 8 of the 45 referendum proposals put to voters since 1901 have succeeded, most recently in 1977.
The 1967 referendum on Aboriginal people received the highest yes vote in Australian history, at almost 91 percent. In 2023, a proposal for an Indigenous Voice to Parliament was rejected by voters in every state. The High Court interprets the Constitution in legal disputes.
Did You Know?
The original Constitution Act is held at the National Archives of Australia.