Constitutional Centenary Conference 1991
Conference Participants
( * denotes members of the Steering Committee)
Ms Marcelle Anderson
Chief Executive
Department of the Cabinet, Western Australia
Ms Anna Booth
Secretary
Clothing Trades Union
Father Frank Brennan SJ
Director
Uniya
Professor Adrienne Clarke
School of Botany
University of Melbourne
Mr M H Codd AC
Secretary and Secretary to Cabinet
Department of Prime Minister & Cabinet
Mr Peter Cole-Adams
Associate Editor
The Age
Dr Peta Colebatch *
Deputy Secretary
Department of Premier & Cabinet
Tasmania
Dr H C Coombs
Centre for Resource & Environment Studies
Australian National University
Professor Michael Coper *
Law School
Universit y of New South Wales
Professor James Crawford *
Dean
Faculty of Law
University of Sydney
Professor Michael Crommelin *
Dean
Law School
University of Melbourne
Mr G L Davies QC
Solicitor-General for Queensland
Ms Hanifa Dean-Oswald
Multicultural & Ethnic Affairs Commission, WA
Mr Julian Disney
Board Member, ACOSS
Mr Clem Doherty
Partner
McKinsey & Company
The Hon John Dowd, MP *
Attorney-General for New South Wales
Mr John Doyle QC
Solicitor-General for South Australia
The Hon Michael Duffy, MP *
Attorney-General for the Commonwealth
Mr Michael Easson
New South Wales Labor Council
Mr Peter Emery
Under Treasurer
Treasury Department, South Australia
Mr Brian Finn AO
Managing Director & CEO
IBM Australia
Professor Paul Finn
Research School of Social Services
Australian National University
The Hon Peter Foss MLC, WA
Ms Ellen France
Senior Legal Adviser
New Zealand Department of Justice
Dr Brian Galligan *
Federalism Research Centre
Australian National University
Mr Laurie Glanfield
Senior Assistant Secretary
NSW Attorney-General's Department
The Hon Mr Justice A M Gleeson
Chief Justice of New South Wales
The Hon Justice Sir James Gobbo
Supreme Court of Victoria
Dr Gavan Griffith QC
Solicitor-General for the Commonwealth
Mr Stuart Hamilton
Secretary
Commonwealth Department of Community
Services and Health
Mr John Hyde
Executive Director
Australian Institute for Public Policy
The Hon Barry Jones MP
Mr Peter Jull
Acting Director
North Australia Research Unit
Australian National University
Mr Steve Karas
Senior Member
Immigration Review Tribunal, Queensland
Sir Kenneth Keith *
President
New Zealand Law Commission
Mr Paul Kelly
National Affairs Editor
The Australian
Dr Sue Kenny
Assistant to the Commonwealth Solicitor-General
Mr Wesley Lanhupuy MLA
Member for Arnhem
Mr Getano Lui Jnr
Island Co-ordinating Council
Professor Stuart Macintyre
Department of History
University of Melbourne
Mr Ian Mackintosh
Partner
Coopers & Lybrand
Mr Justice David Malcolm *
Chief Justice of Western Australia
Mr Laurie Marquet
Clerk of the WA Parliament
Mr Keith Mason QC
Solicitor-General for New South Wales
Mr Eric Mayer
Mr Padraic P McGuinness
The Australian
Mr Peter McLaughlin
Executive Director
Business Council of Australia
Senator Bob McMullan *
Ms Irene Moss
Commissioner
Human Rights & Equal Opportunity Commission
Mr Laurie Muller
Director
University of Queensland Press
Mr Naga Narayanan
Dr Hung Nguyen
ICI Industrial Chemicals
Mr Graham Nicholson
Legal Adviser
NT Parliamentary Committee on Constitutional Development
Mr Gerard Noonan
Editor
The Australian Financial Review
Mr Edward O'Farrell CVO CBE
Administrative Appeals Tribunal
Sir Arvi Parbo
BHP, Western Mining Corporation
Senator Kay Patterson *
The Hon Mr Justice C W Pincus *
Federal Court of Australia
Professor Jonathan Pincus
Department of Economics
University of Adelaide
Professor Paige Porter
Dean
Department/Faculty of Education
University of Queensland
Mr Terry Purcell *
Director
Law Foundation of New South Wales
Mr John Ralph AO
Managing Director & Chief Executive
CRA Limited
Mr David Rathman
Director
State Aboriginal Affairs, SA
Professor Henry Reynolds
Department of History
James Cook University of North Queensland
Mr Mike Reynolds AM
Local Government & Community Studies
James Cook University of North Queensland
Mr Peter Reynolds
Shire President
Wingecarribee Shire Council
Mr Alan Rose
Secretary
Commonwealth Attorney-General's Department
Mr Dennis Rose
Chief General Counsel
Commonwealth Attorney-General's Department
Professor Cheryl Saunders *
Director
Centre for Comparative Constitutional Studies
University of Melbourne
Dr Campbell Sharman
Department of Politics
University of Western Australia
Mr Ian Shepherd *
Partner
McKinsey & Company
Mr Peter Smark
Sydney Morning Herald
Mr David Solomon
The Australian
The Rt Honourable Sir Ninian
Stephen, AK GCMG GVCO KBE *
(Chairman of the Steering Committee)
Ms Pat Turner AM *
Deputy Secretary
Department of Prime Minister & Cabinet
The Hon Hugh Templeton
former Minister for Overseas Trade, New Zealand
Mr Bruce Tilmouth
Central Land Council
Mr Philip Toyne
Executive Director
Australian Conservation Foundation
Professor Cliff Walsh *
Federalism Research Centre
Australian National University
The Hon Mr Justice Murray Wilcox
Federal Court of Australia
Mr Roger Wilkins
Acting Director-General
NSW Cabinet Office
Professor Margaret Wilson
Dean, School of Law
University of Waikato
Professor Ken Wiltshire *
Department of Government
University of Queensland
Mr Charles Wright
Wright Corporate Group
Professor Leslie Zines
Faculty of Law
Australian National University
Constitutional Centenary Conference 1991
Concluding Statement
A Constitutional Review Process
The Conference believes that a public process of education review and development of the Australian constitutional system should be pursued, in the interests of all Australians, to be completed by the year 2000. The process should involve the widest range of individuals and of community, educational and business groups.
The Conference encourages its Chair, Sir Ninian Stephen, to accept appointment as the Head of the Foundation which, in association with the Centre for Comparative Constitutional Studies and similar bodies throughout Australia, will assist in this task. The Conference Steering Committee should be authorized to establish the Foundation.
The Conference requests the Prime Minister, Premiers, Chief Ministers, Leaders of the Opposition and other party leaders to support this undertaking, which should complement the examination of the issues being covered by the Special Premiers' Conference.
Funding for the Constitutional Review Process should be sought from governments, the private sector and individuals, to provide independence for the proposed body.
An Agenda for the Decade
The Conference identifies the following key issues to be pursued over the course of this constitutional decade.
1. The Head of State. Provisions should be made, through the constitutional review process, to define the powers of, and to consider the appropriate method of selection of, the Head of State.
2. Guarantees of Basic Rights. There was strong support for a guarantee of basic rights in some form, entrenching basic rights, and especially basic democratic rights. This would also have an important symbolic function. But achieving this would require broad support from the Australian community, and would necessarily be part of a long-term process of education and discussion.
3. Responsible Government and its Alternatives. Although the present system has both advantages and disadvantages, the general view was that the case for a full separation of legislative from executive powers had not been made out. But modifications of the present system should be explored, such as the possibility of appointing Ministers from outside Parliament.
4. The Effectiveness of Parliaments. There was general support for enhancing the standing of parliaments, and their role and operation strengthened. A range of initiatives which need to be explored and identified to increase the accountability of the executive (e.g. enhanced use of the committee system); to extend the role of parliament (e.g. in the ratification of treaties), and parliamentary responsibility over its own expenditure.
5. Four year terms for the House of Representatives. There should be a 4 year maximum term for the House of Representatives (although different views were expressed on whether either the Senate or both Houses should have a fixed term, or whether the Senate should have one or two of the extended House of Representatives terms).
6. Accountability for Taxing and Spending. There was broad agreement that in principle the Parliament which authorizes the expenditure of money should take responsibility for raising that money, and concern about the extent of fiscal imbalance in the Australian federation, even when allowance is made for the needs of fiscal equalisation. The imbalance could be redressed either by a reallocation of responsibility for raising taxation or by a constitutional allocation of taxes centrally raised.
7. Voter or State Initiative for Referenda. There was general support amongst participants for the idea that there should be additional ways of initiating constitutional referenda under section 128 of the Constitution; for example, by a specified proportion of electors, or by a specified majority of State parliaments.
8. Federalism and economic union. The continuation of a federal system of government is highly desirable for Australia in the 21st century. However, internationalisation of economic activity requires an effective Australian economic union.
The constitutional implications of closer economic relations with New Zealand and with other countries need to be explored.
9. Legislative powers. Considerable support was expressed for an examination of the distribution of the legislative powers between the Commonwealth and the States under the Constitution, including the possibility of new forms of techniques of distribution of power (e.g. in relation to national or minimum standards in a particular field). Particular areas which were raised as requiring examination included natural resources and environmental effects extending beyond any one State, and industrial relations.
New models for the allocation of powers between levels of government (including local government), and for sharing and managing responsibilities, should be explored, and mechanisms to ensure that intergovernmental arrangements and institutions are accountable to the relevant parliaments devised.
10. The Aboriginal and Torres Strait Islander Peoples and the Australian Constitutional System.
(1) There should be a process of reconciliation between the Aboriginal and Torres Strait Islander peoples of Australia and the wider Australian community, aiming to achieve some agreed outcomes by the Centenary of the Constitution.
(2) This process of reconciliation should, among other things, seek to identify what rights the Aboriginal and Torres Strait Islander peoples have, and should have, as the indigenous peoples of Australia, and how best to secure those rights, including through constitutional changes.
(3) As part of the reconciliation process, the Constitution should recognize the Aboriginal and Torres Strait Islander peoples as the indigenous peoples of Australia.
11. Judicial Independence. The constitutional system should secure the principle of an independent judiciary (at federal, State and Territory levels) with jurisdiction over the constitutional validity of laws and the lawfulness of executive action. Security of tenure should extend to the loss of office by abolition of a court. There should be appropriate guarantees of the structural and financial independence of courts.
12. Trial by Jury. An accused person should be entitled to a trial by jury for any serious criminal offences (e.g. an offence punishable by more than 2 years' imprisonment) under federal, State and Territory law.
Sydney
5 April 1991
Constitutional Centenary Foundation
The Foundation Board1
The members of the Foundation's Board are:
Chairman:
The Rt Hon Sir Ninian Stephen AK GCMG GCVO KBE
Governor General of Australia, 1982-89
Deputy Chairman:
Professor Cheryl Saunders
Director, Centre for Comparative Constitutional Studies
University of Melbourne
Members:
Mr Ross Bowe
Under Treasurer, Department of Treasury,
Western Australia
Dr Michael S Keating AO
Secretary
Department of Prime Minister and Cabinet
The Hon Michael Duffy MP
Commonwealth Attorney General
Padraic P McGuinness
The Australian
The Hon Andrew Peacock MP
Shadow Attorney-General
Mr John Ralph AO
Chief Executive, CRA Limited
Mr Des Ross AM
Mr Gary Sturgess
Director, NSW Cabinet Office
Ms Pat Turner AM
Deputy Secretary
Department of Prime Minister and Cabinet
Professor Kenneth Wiltshire
Department of Government, University of Queensland
___________________________________________________
1 As given in the Foundation's Newsletter, Number 1, April, 1992, page 11.