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Direct Democracy

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DD002

Direct Democracy Provisions (National Level)
Question:Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer: a. Yes
Comments: The Constitution provides a mechanism by which it can be altered, called a referendum. Before there can be any change to the Constitution, a majority of electors must vote in favour of the change. In addition, there must be a majority vote in a majority of States, that is, in four out of the six States. (Further, a proposed amendment which would diminish the representation of a State in the Commonwealth Parliament or which would alter the territorial limits of a State must be approved by a majority of electors in that State.) Ordinarily, before a matter can be the subject of a referendum, both Houses of the Commonwealth Parliament must pass the proposed law containing the suggested amendment of the Constitution (section 128).
Source: Australia's Constitution, "Overview": https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Verified: 2019/07/11
(Found a mistake? Please let us know.)
DD003

Mandatory referendums (national level)
Question:Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer: a. Yes
Comments: The Constitution provides a mechanism by which it can be altered, called a referendum. Before there can be any change to the Constitution, a majority of electors must vote in favour of the change. In addition, there must be a majority vote in a majority of States, that is, in four out of the six States. (Further, a proposed amendment which would diminish the representation of a State in the Commonwealth Parliament or which would alter the territorial limits of a State must be approved by a majority of electors in that State.) Ordinarily, before a matter can be the subject of a referendum, both Houses of the Commonwealth Parliament must pass the proposed law containing the suggested amendment of the Constitution (section 128).
Source: Australia's Constitution, "Overview": https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Verified: 2019/07/11
(Found a mistake? Please let us know.)
DD004

Optional referendums (national level)
Question:Are there any Legal Provisions for Optional Referendums at the national level?
Answer: a. Yes
Comments: The Commonwealth Electoral Act 1918 also mentions plebscites, used for non-constitutional matters.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019: https://www.legislation.gov.au/Details/C2019C00103 International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/11
(Found a mistake? Please let us know.)
DD005

Citizens' Initiatives (national level)
Question:Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer: b. No
Comments: There are no provisions in Australia for citizens’ or agenda initiatives, or for the recall of elected officials.
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/11
(Found a mistake? Please let us know.)
DD006

Agenda Initiatives (national level)
Question:Are there any Legal Provisions for Agenda Initiatives at national level?
Answer: b. No
Comments: There are no provisions in Australia for citizens’ or agenda initiatives, or for the recall of elected officials.
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/11
(Found a mistake? Please let us know.)
DD007


Question:Are there any Legal Provisions for Recalls at national level?
Answer: b. No
Comments: There are no provisions in Australia for citizens’ or agenda initiatives, or for the recall of elected officials.
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/11
(Found a mistake? Please let us know.)
DD129


Question:Are the results of referenda always binding, never binding or sometimes binding?
Answer: b. Sometimes binding
Comments: 239. Amendments to the Australian constitution must be approved in a referendum. A double majority, comprising a majority of the national electorate and a majority in four of the six states, is required for an amendment to be adopted. The government may also hold non-binding referendums on other issues.
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/11
(Found a mistake? Please let us know.)
DD130


Question:Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer: c. Both constitutional and other issues
Comments: 239. Amendments to the Australian constitution must be approved in a referendum. A double majority, comprising a majority of the national electorate and a majority in four of the six states, is required for an amendment to be adopted. The government may also hold non-binding referendums on other issues.
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/08/02
(Found a mistake? Please let us know.)
DD131


Question:Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer: a. Yes
Comments: Referendums are employed in the same manner in several of the Australian states. (International IDEA). 5F (1) The Electoral Commissioner — (a) subject to section 5E(1) is the chief executive officer of the Western Australian Electoral Commission; and (ea) may conduct other elections, referendums or polls — (i) if authorised to do so under another written law; or (ii) if they are provided for under another written law and the regulations authorise the Electoral Commissioner to conduct them; (Western Australia Electoral Act 1907). 4.99 (3) Regulations may make necessary or convenient provisions in relation to preparing for, conducting and ascertaining the result of polls and referendums held by local governments, whether under local laws or otherwise, and for ensuring the purity of the conduct of them. (Western Australia Local Government Act 1995).
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf Western Australia Electoral Act 1907, art. 5F: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html Western Australia Local Government Act 1995, art. 4.99: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/08/02
(Found a mistake? Please let us know.)
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