1944 Australian Post-War Reconstruction and Democratic Rights referendum

Background

In 1942 Attorney-General H. V. Evatt introduced the Constitution Alteration (War Aims and Reconstruction) Bill 1942 to parliament to give plenary power to the federal government to legislate on any matter it declared relevant to achieving 'economic security and social justice'. The bill was met with heavy opposition, and the Curtin government decided to instead hold a convention to reach consensus on the bill and on the federal powers needed for post-war reconstruction. The convention decided against amending the Constitution, agreeing unanimously that the states would instead use their referral powers to temporarily give the federal government the authority to legislate in 14 specific areas.

After only some of the states passed the necessary legislation to give effect to this decision, Evatt introduced new legislation in 1944 for the agreed powers from the convention to be conferred through a constitutional amendment, requiring a referendum. He also amended the bill to include a guaranteed freedom of speech in the proposal, and to expand the constitution's freedom of religion provision to the states.

Proposed amendment

The referendum was known as the "14 powers", or the "14 points referendum". It sought to give the federal government power, over a period of five years, to legislate on a wide variety of matters, including control over employment, profiteering and prices, and related subjects. The points referring to aviation, employment, marketing, trusts, corporations, combines and monopolies had previously been the subject of referendums advanced by both Labor and conservative parties that had not been carried.

The 14 powers

The powers the government sought to gain through the referendum included:

• The rehabilitation of former servicemen
• National health
• Family allowances
• Employment and unemployment
• The ability to legislate for 'The People Of The Aboriginal Race'
• Corporations, or combines
• Foreign investment
• Trust laws
• Monopolies
• Air transport
• Uniformity of railway gauges
• Marketing of commodities
• Manufacturing (production) and sales of goods
• National infrastructure (subject to state approval)

Many of these powers also included limitations as safeguards against the abuse of legislative power.

Restrictions on government power

• Freedom of speech

Freedom of speech and freedom of expression were restrictions on state and government power that the commonwealth sought to legislate on.

• Freedom of religion The government also sought to apply the right to freedom of religion to state governments.

Question

The referendum was put in a single question:

Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Post-War Reconstruction and Democratic Rights) 1944'?

For and against

The proposal was put forward and supported by the Australian Labor Party government. It was opposed by the federal opposition (United Australia Party and the Country Party).

For

Prime Minister John Curtin gave his broadcast to the nation on 25 July 1944. The Prime Minister said to abandon wartime controls on the declaration of peace would cause disorganization to the social system and destroy the capacity of the system to meet the need of the first few disturbed years after the war.

Against

The Country Party leader, Arthur Fadden, gave his broadcast against the motion, stating: Its proposal means that in peacetime, you will work under government compulsion, you will eat and wear what the bureaucrats ration out to you: you will live in mass-produced government dwellings: and your children will work wherever the bureaucrats tell them to work! If granted nothing can be made, produced, built or grown without permission. Everything that is grown or made, carried or carted, sold or exchanged will be under government control. A yes vote would enable the Government to implement Labor's policy of socialization. Nationalization of Industry would follow.

Results

Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Post-War Reconstruction and Democratic Rights) 1944'?

References

References

1. Louat, Frank. (1943). "The Unconventional Convention". The Australian Quarterly.
2. Beck, Luke. (2018). "Religious Freedom and the Australian Constitution: Origins and Future". Routledge.
3. (21 June 1944). "Referendum Proposals: Meaning of the Fourteen Points". [[The Age]].
4. (19 June 1944). "Opening of Campaign. Official Booklet on Referendum". [[The Sydney Morning Herald]].
5. {{url. http://www.aph.gov.au/binaries/library/intguide/law/docs/1944referendumbills.pdf. ''Constitution Alteration (Post-war Reconstruction) Bill'' 1944 (Cth).
6. (26 July 1944). "Prime Minister states case why referendum necessary". [[Telegraph (Brisbane).
7. (25 July 1944). "The Referendum: "Socialisation" if carried". [[The Canberra Times]].