Appendices to Chapter Seven
Appendix A - Participants of the Constitutional Conference 1991
Appendix B - Constitutional Centenary Conference Concluding Statement
Appendix C - Constitutional Centenary Foundation Board


Appendix A

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


Appendix B

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


Appendix C

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.