- Australian referendum, 1946 (Social Services)
"Constitution Alteration (Social Services) 1946" proposed to extend the powers of government over a range of social services. The question was put to a referendum in the
Australian referendum, 1946with two other (unrelated) questions. It was carried and inserted s51(xxiiiA) into section 51 of the Australian Constitution.
The referendum question "Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Social Services) 1946'?" was carried, inserting s51(xxiiiA) into the constitution.
For Against Votes %54.39 %45.61 States 6 0 State On rolls Ballots issued For Against Informal % % New South Wales 1,858,749 1,757,150 897,887 %54.00 764,723 %46.00 94,540 Victoria 1,345,537 1,261,374 671,967 %55.98 528,452 %44.02 60,955 Queensland 660,316 612,170 299,205 %51.26 284,465 %48.74 28,500 South Australia 420,361 399,301 197,395 %51.73 184,172 %48.27 17,734 Western Australia 300,337 279,066 164,017 %62.26 99,412 %37.74 15,637 Tasmania 154,553 144,880 67,463 %50.58 65,924 %49.42 11,493 Armed forces* "37,021" "22,824" "13,211" "986" Total for Commonwealth 4,739,853 4,453,941 2,297,934 %54.39 1,927,148 %45.61 228,859 * Armed forces totals are also included in their respective states.
This was one of the few (eight) referendum questions which were successfully passed.
Section 51 of the
Australian Constitutiongrants the commonwealth legislative power. Prior to this amendment the only social services provision was s51(xxiii) that gave power to legislate for invalid and old-age pensions. This amendment introduced s51(xxiiiA), which reads::s51(xxiiiA.) The provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorise any form of civil conscription), benefits to students and family allowances:
Notably, federal legislation already existed on a number of these issues despite the lack of a clear constitutional basis: child endowment payments were introduced in 1941, widow’s pensions in 1942, and unemployment benefits (commonwealth) in 1945. These payments were based on the spending power (s81). However, in the
Pharmaceutical Benefits Caseconstitutional questions were raised about the validity of Commonwealth social security legislation based on s81. The High Court held unconstitutional the Pharmaceutical Benefits Act 1944, which sought to introduce a scheme of subsidised medications, because it was not supported by a section 51 and could not be supported by s81.
The amendment was therefore intended to clarify the existence of a power that was already being exercised and received bipartisan support. This perhaps explains why this amendment was carried, given that it was already accepted as an area of Commonwealth activity. In addition, a ‘no’ vote could have ended welfare programs from which voters were benefiting.
After the amendment the Social Services Consolidation Act 1947 was passed. In addition the Pharmaceutical Benefits scheme, held unconstitutional in the Pharmaceutical Benefits case, was reintroduced and passed as the Pharmaceutical Benefits Act 1947.
* [http://www.aph.gov.au/library/handbook/referendums/r1946.htm Results of the Referendum]
* [http://www.aph.gov.au/library/pubs/rp/1999-2000/2000rp02.htm Background Briefing on Australian Referendum] – general, includes information on social services amendment
* [http://www.abs.gov.au/Ausstats/abs@.nsf/Lookup/8E72C4526A94AAEDCA2569DE00296978 Austats Special Article on the History of Pensions and other Benefits in Australia]
2nd State Debts Amendment (
1928) Amendments to the
Constitution of Australia
Aboriginals Amendment (
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