1967 Australian referendum (Aboriginals)
|1967 Australian referendum|
27 May 1967
|[Question 2] Do you approve the proposed law for the alteration of the Constitution entitled— "An Act to alter the Constitution so as to omit certain words relating to the People of the Aboriginal Race in any State and so that Aboriginals are to be counted in reckoning the Population"?|
|Note: Darkness of colour denotes strength of vote|
The second part of the 1967 Australian referendum related to Aboriginal people. The 1967 Australian referendum, called by the Holt Government on 27 May 1967, consisted of two parts, with the first question relating to Aboriginal Australians. It asked for approval for two amendments to the Australian constitution based on this second question. The amendments related to counting Aboriginal people in the Australian census, and allowing the government to legislate separately for Aboriginal people. Technically this referendum question was a vote on the Constitution Alteration (Aboriginals) Act 1967, which became law on 10 August 1967 following the results of the referendum.
The amendments to the Constitution were overwhelmingly endorsed, winning 90.77% of votes cast and carrying in all six states. These amendments altered Section 51(xxvi), and Section 127, having the immediate effect of including Aboriginal and Torres Strait Islander people in determinations of population, and also empowering the Federal Parliament to legislate specifically for this racial group.
The first question put in the referendum, to allow the number of seats in the House of Representatives to be increased without increasing the number of senators, was rejected. It received majority support in only one state – New South Wales – and received about 40.25% "yes" votes nationwide.
There was a separate count of Aboriginal people in the Australian Census, and a specific annual census of Aboriginal people from 1925 to 1949. A change to these practices required a change to the Australian constitution.
A proposed change to the Australian Constitution begins as a Bill that is presented to the Federal Parliament. If the Bill is passed by both Houses of Parliament, case committees are developed, a writ for a referendum is issued by the Governor-General of Australia, and a referendum is then presented to Australian voters, where it is passed if approved by a majority of people and majority of states.
Strong activism by individuals and both Indigenous and non-Indigenous groups greatly aided the success of the 1967 referendum in the years leading up to the vote. Calls for Aboriginal issues to be dealt with at the Federal level began as early as 1910. Despite a failed attempt in the 1944 Referendum, minimal changes were instigated for Aboriginal rights until the 1960s, where the Bark Petition in 1963 and the ensuing Milirrpum v Nabalco Pty Ltd and Commonwealth of Australia (Gove Land Rights Case), and Gurindji Strike highlighted the negative treatment of Indigenous workers in the Northern Territory. From here, the overall plight of Aboriginal Australians became a fundamental political issue.
On 7 April 1965, the Menzies Cabinet decided that it would seek to repeal Section 127 of the Constitution at the same time as it sought to amend the nexus provision, but made no firm plans or timetable for such action. In August 1965, Attorney-General Billy Snedden proposed to Cabinet that abolition of Section 127 was inappropriate unless Section 51(xxvi) was simultaneously amended to remove the words "other than the aboriginal race in any state". He was rebuffed, but gained agreement when he made a similar submission to the Holt Cabinet in 1966. In the meantime, his Liberal colleague Billy Wentworth had introduced a private member's bill proposing inter alia to amend Section 51(xxvi).
The Australian Board of Missions, the Australasian Association for the Advancement of Science, the Australian Aborigines League, the Australian Council of Churches, the Federal Council for the Advancement of Aborigines and Torres Strait Islanders (FCAATSI), and spokespeople such as Ruby Hammond, Bill Onus and Faith Bandler are just some of the many groups and individuals who effectively utilised the media and their influential platforms to generate the momentum needed to achieve a landslide "Yes" vote.
Amendments to the Constitution
In 1967 the Australian Parliament was unanimous in voting for the proposed law. As a result, only a "yes" case was published by the Parliament. Voters were asked to approve, together, changes to both of the provisions in which Aboriginal people were mentioned in the Constitution—sections 51(xxvi) and 127.
Section 51 begins:
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:
And the extraordinary clauses that follow (ordinarily referred to as "heads of power") list most of the legislative powers of the federal parliament. The amendment deleted the text in bold from Clause xxvi (known as the "race" or "races" power):
The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws;
The amendment gave the Commonwealth parliament power to legislate with respect to Aborigines living in a state as well as those living in a federal territory; the parliament has unfettered power in regard to territories under section 122 of the Constitution. The intent was that this new power for the Commonwealth would be used only beneficially, though the High Court decision in Kartinyeri v Commonwealth, was that the 1967 amendment did not impose such a restriction and the power could be used to the detriment of an identified race. The Hindmarsh Island bridge controversy, and the Northern Territory Intervention are two circumstances where the post-1967 race power has arguably been used in this way.
Section 127 was wholly removed. Headed "Aborigines not to be counted in reckoning population", it had read:
In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted.
This section should be read in conjunction with Section 24 and Section 51(xi). The section related to calculating the population of the states and territories for the purpose of allocating seats in the lower house of the federal parliament and per capita Commonwealth grants. The context of its introduction was to prevent Queensland and Western Australia from using their large Aboriginal populations to gain extra seats or extra funds. The "statistics" power in Section 51(xi) allowed the Commonwealth to collect information on Aboriginal people.
At this time voters in the territories, while able and required to vote in elections for the House of Representatives, were not permitted to vote in referendums. That was not established until 1977.
What the referendum did not do
Give voting rights
From 1944 until 1967 Aboriginal people in Western Australia had to apply to become citizens, and this citizenship was conditional on denouncing their heritage and could be taken away at any time. This situation continued until 1971. Most Indigenous Australians continued to be denied the right to vote in elections for the Australian Parliament even after 1949. The Commonwealth Electoral Act 1949 gave Aboriginal people the right to vote in federal elections only if they were able to vote in their state elections (they were disqualified from voting altogether in Queensland, while in Western Australia and the Northern Territory the right was conditional), or if they had served in the defence force.
The Commonwealth Electoral Act 1962 gave all Aboriginal people the option of enrolling to vote in federal elections. It was not until the Commonwealth Electoral Amendment Act 1983 that voting became compulsory for Aboriginal people, as it was for other Australians.
Aboriginal people living in the Northern Territory were not allowed to vote in the referendum, which remained the case for both the Northern Territory and the Australian Capital Territory until the Constitutional amendment to Section 128 after a referendum in 1977.
Supersede a "Flora and fauna Act"
It is also sometimes mistakenly stated that the 1967 referendum overturned a "Flora and Fauna Act". This is believed to have come from the New South Wales National Parks and Wildlife Act 1974, which controlled Aboriginal heritage, land, and culture. The other states had equivalent Acts, which were managed by various departments, including those relating to agriculture and fishing.
DO YOU APPROVE the proposed law for the alteration of the Constitution entitled— 'An Act to alter the Constitution so as to omit certain words relating to the People of the Aboriginal Race in any State and so that Aboriginals are to be counted in reckoning the Population'?
|New South Wales||2,315,828||2,166,507||1,949,036||91.46||182,010||8.54||35,461||Yes|
|Obtained majority in all six states and an overall majority of 4,656,106 votes.|
Ninety percent of voters voted yes, and the overwhelming support gave the Federal Government a clear mandate to implement policies to benefit Aboriginal people. A lot of misconceptions have arisen as to the outcomes of the referendum, some as a result of it taking on a symbolic meaning during a period of increasing Aboriginal self-confidence. It was some five years before any real change occurred as a result of the referendum, but federal legislation has since been enacted covering land rights, discriminatory practices, financial assistance, and preservation of cultural heritage.
The referendum had two main outcomes. The first was to alter the legal boundaries within which the Federal Government could act. The Federal Parliament was given a constitutional head-of-power under which it could make special laws "for" Aboriginal people (for their benefit or, as has the High Court has made clear, their detriment) in addition to other "races". The Australian Constitution states that federal law prevails over state law, where they are inconsistent, so the Federal Parliament could, if it so chose, enact legislation that would end discrimination against Aboriginal people by state governments. However, during the first five years following the referendum the Federal Government did not use this new power.
The other key outcome of the referendum was to provide Aboriginal people with a symbol of their political and moral rights. The referendum occurred at a time when Aboriginal activism was accelerating and it was used as a kind of "historical shorthand" for all the relevant political events of the time, such as the demands for land rights by the Gurindji, the equal-pay case for pastoral workers, and the "Freedom Rides" to end segregation in New South Wales. This use as a symbol for a period of activism and change has contributed to the misconceptions about the effects of the constitutional changes themselves.
The benefits of the referendum began to flow to Aboriginal people in 1972. On 26 January 1972, Aboriginal peoples erected the Aboriginal Tent Embassy on the lawns of the Federal Parliament building in Canberra to express their frustration at the lack of progress on land rights and racial discrimination issues. This became a major confrontation that raised Aboriginal affairs high on the political agenda in the federal election later that year. One week after gaining office, the Whitlam Government (1972–1975) established a Royal Commission into land rights for Aboriginal people in the Northern Territory under Justice Woodward. Its principal recommendations, delivered in May 1974, were: that Aboriginal people should have inalienable title to reserve lands; that regional Land Councils should be established; to establish a fund to purchase land with which Aboriginal people had a traditional connection, or that would provide economic or other benefits; prospecting and mineral exploration on Aboriginal land should only occur with their consent or that of the Federal Government if the national interest required it; entry onto Aboriginal land should require a permit issued by the regional Land Council. The recommendations were framed in terms to enable application outside the Northern Territory. The Federal Government agreed to implement the principal recommendations and in 1975 the House of Representatives passed the Aboriginal Councils and Associations Bill and the Aboriginal Land (Northern Territory) Bill but the Senate had not considered them by the time parliament was dissolved in 1975.
The following year, the Fraser government (1975–1983) amended the Aboriginal Land (Northern Territory) Bill by introducing the Aboriginal Land Rights (Northern Territory) Bill. The new bill made a number of significant changes such as limitation on the operations and boundaries of Land Councils; giving Northern Territory law effect on Aboriginal land, thereby enabling land rights to be eroded; removing the power of Land Councils to issue permits to non-Aboriginal people; allowing public roads to be built on Aboriginal land without consent. It is significant however that this legislation was implemented at all, given the political allegiances of the Fraser Government, and shows the level of community support for social justice for Aboriginal people at the time.
The Whitlam Government used its constitutional powers to overrule racially discriminatory state legislation. On reserves in Queensland, they were forbidden to gamble, use foul language, undertake traditional cultural practices, indulge in adultery, or drink alcohol. They were also required to work without payment. In the Aboriginal Courts in Queensland the same official acted as judge as well as the prosecuting counsel. Defendants almost invariably pleaded "guilty" as pleas of "not guilty" were more than likely to lead to a longer sentence. The Whitlam Government, using the race power, enacted the Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975 to override the state laws and eliminate racial discrimination against Aboriginal people. No federal government ever enforced this Act.
The race power was also used by the Whitlam Government to positively discriminate in favour of Aboriginal people. It established schemes whereby Aboriginal people could obtain housing, loans, emergency accommodation and tertiary education allowances. It also increased funding for the Aboriginal Legal Service enabling twenty-five offices to be established throughout Australia.
The race power gained in the 1967 referendum has been used in several other pieces of significant Federal legislation. One of the pieces of legislation enacted to protect the Gordon River catchment used the race power but applied it to all people in Australia. The law prohibited anyone from damaging sites, relics and artefacts of Aboriginal settlement in the Gordon River catchment. In the Tasmanian Dam Case, the High Court held that even though this law applied to all people and not only to Aboriginal people, it still constituted a special law. In the 1992 Mabo judgement, the High Court established the existence of Native Title in Australian Common Law. Using the race power, the Keating Government enacted the Native Title Act 1993 and successfully defended a High Court challenge from the Queensland Government.
One last impact of the referendum has been the benefits flowing from the removal of the prohibition on counting Aboriginal people in the population statistics. Without official statistics as to their number, age structure or distribution, it was not possible for government agencies to establish soundly based policies for serving Aboriginal people, especially in the area of health. The availability of demographic data following the 1971 census (and onwards) relating to the Aboriginal population enabled the determination and monitoring of key health indicators such as infant mortality rates and life expectancy. Aboriginal life expectancy, especially for males, was significantly lower than the average population. Infant mortality rates in the early 1970s were among the highest in the world. Substantial improvements had occurred by the early 1990s but Aboriginal health indicators still lag behind those of the total population, especially for those living in remote areas, and closing the gap policies remain an ongoing part of governance in Australia.
The 1967 referendum has acquired a symbolic meaning in relation to a period of rapid social change during the 1960s. As a result, it has been credited with initiating political and social change that was the result of other factors. The real legislative and political impact of the 1967 referendum has been to enable, and thereby compel, the federal government to take action in the area of Aboriginal Affairs. Federal governments with a broader national and international agenda have attempted to end the discriminatory practices of state governments such as Queensland and to introduce policies that encourage self-determination and financial security for Aboriginal people. However, the effectiveness of these policies has been tempered by an unwillingness of most federal governments to deal with the difficult issues involved in tackling recalcitrant state governments.
When John Howard's Coalition government came to power in 1996, it intervened in the Hindmarsh Island bridge controversy with legislation that introduced an exception to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, in order to allow the bridge to proceed. The Ngarrindjeri challenged the new legislation in the High Court on the basis that it was discriminatory to declare that the Heritage Protection Act applied to sites everywhere but Hindmarsh Island, and that such discrimination – essentially on the basis of race – had been disallowed since the Commonwealth was granted the power to make laws with respect to the "Aboriginal race" as a result of the 1967 Referendum. The High Court decided, by a majority, that the amended s.51(xxvi) of the Constitution still did not restrict the Commonwealth parliament to making laws solely for the benefit of any particular "race", but still empowered the parliament to make laws that were to the detriment of any race. This decision effectively meant that those people who had believed that they were casting a vote against the discrimination of Indigenous people in 1967 had in fact allowed the Commonwealth to participate in the discrimination against Indigenous people which had been practised by the states.
Proposed new referendum in the 2010s
In 2010 the federal government established an "expert panel" to inquire into changing the federal constitution so that Australia's Indigenous peoples would be recognised in it. This would require a new referendum under section 128 of the Constitution of Australia. After wide-ranging consultation and receiving thousands of submissions, the panel delivered its report to Prime Minister Julia Gillard on 19 January 2012. The report recommends the removal of Constitution sections 25 and 51(xxvi), and the insertion of new sections 51A, 116A and 127A:
Section 51A Recognition of Aboriginal and Torres Strait Islander peoples
- Recognising that the continent and its islands now known as Australia were first occupied by Aboriginal and Torres Strait Islander peoples;
- Acknowledging the continuing relationship of Aboriginal and Torres Strait Islander peoples with their traditional lands and waters;
- Respecting the continuing cultures, languages and heritage of Aboriginal and Torres Strait Islander peoples;
- Acknowledging the need to secure the advancement of Aboriginal and Torres Strait Islander peoples;
- the Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to Aboriginal and Torres Strait Islander peoples.
Section 116A Prohibition of racial discrimination
- (1) The Commonwealth, a State or a Territory shall not discriminate on the grounds of race, colour or ethnic or national origin.
- (2) Subsection (1) does not preclude the making of laws or measures for the purpose of overcoming disadvantage, ameliorating the effects of past discrimination, or protecting the cultures, languages or heritage of any group.
Section 127A Recognition of languages
- (1) The national language of the Commonwealth of Australia is English.
- (2) The Aboriginal and Torres Strait Islander languages are the original Australian languages, a part of our national heritage.:p xviii
The panel recommended that there be a single referendum—in which, in particular, removal of s 51(xxvi) and insertion of the new s 51A would be proposed together, so that the validity of legislation that depends upon s 51(xxvi), such as the Native Title Act 1993 (Cth), would switch immediately from s 51(xxvi) to s 51A.:p xviii The panel sought a referendum process that will be nationally unifying and not divisive, with an eventual level of public support similar to that in 1967.:pp xvii & xix To that end, it proposed that the referendum be preceded by "a properly resourced public education and awareness program" and "should only proceed when it is likely to be supported by all major political parties, and a majority of State governments". If the federal government were to prefer different changes, the panel advised, it should return to consultation with the Aboriginal and Torres Strait Islander peoples.:p xix
Responses to the recognition campaign in the 2010s
|Support||Australian Labor Party|||
|Oppose||Pauline Hanson's One Nation|||
On 12 March 2013, with all-party support, the federal parliament passed the Aboriginal and Torres Strait Islander Peoples Recognition Act 2013, which recognises the Indigenous peoples of Australia and requires establishment of a committee to advise on a suitable date for a referendum on these proposals. The process was to have been completed within two years, with a sunset provision ending the force of the Act on 28 March 2015; the period was extended for a further three years.
In December 2015 a Referendum Council, with 16 Indigenous and non-Indigenous members, was established to advise the Prime Minister and the Leader of the Opposition on progress toward a referendum. It conducted national consultations which continued through the second half of 2016, and published a discussion paper about five key proposals in October 2016. The Recognition Council used a deliberative process which included six months of regional dialogues which resulted in a collective report of what constitutional recognition meant to aboriginal people.
The Uluru Statement from the Heart was the culmination of a national Indigenous public consultation process and demanded constitutional reform on three points: voice, truth, and treaty. The main proposals of the Uluru Statement were:
- a national representative body with the power to advise parliament on laws that affect Indigenous peoples; and
- a Makarrata Commission to supervise a process of agreement-making between governments and First Nations and undertake a public truth-telling process about Australia's history. Makarrata is a Yolngu word meaning "a coming together after a struggle".
The final report released on 30 June 2017 by the Referendum Council was largely supportive of the Uluru Statement. The majority of the council recommended a referendum be held to change the Constitution to establish an Indigenous "voice to parliament". The council commented but did not recommend the establishment of a Makarrata Commission, which was outside its terms of reference.
There was minimal debate in the media after the release of the Referendum Council's report. On 26 October 2017, in a joint press release Malcolm Turnbull, George Brandis and Nigel Scullion largely rejected the major proposals by the Referendum Council. The main concern was that an Indigenous national representative body would "inevitably become seen as a third chamber of Parliament" and would not be supported by the majority of Australians.
The next step would be a Joint Select Committee that considers the recommendations of the existing bodies of work developed by the Expert Panel (2012), the Joint Select Committee on Recognition of Aboriginal and Torres Strait Islander Peoples (2015) and the Referendum Council report (2017), in the hope of developing a constitutional change that is both meaningful to Indigenous people and acceptable to the majority of Australians.
- 1967 Australian referendum (Parliament), which was held on the same day
- Aboriginal Australians
- History of Australia
- Politics of Australia
- Referendums in Australia
- Voting rights of Aboriginal and Torres Strait Islander peoples
- "Constitution Alteration (Aboriginals) 1967". ComLaw. Retrieved 5 May 2014.
- Wendy Lewis; Simon Balderstone John Bowan (2006). Events That Shaped Australia. New Holland. pp. 224–228. ISBN 978-1-74110-492-9.
- Commonwealth of Australia Constitution Act (Cth) s 51
- "Amendment to Section 127". Commonwealth of Australia Constitution Act. p. 24. Retrieved 9 November 2016 – via Documenting a Democracy Museum of Australian Democracy.
- "Fact sheet 150 – The 1967 Referendum". National Archives of Australia. Archived from the original on 4 November 2010. Retrieved 9 November 2010.
- Handbook of the 44th Parliament (2014) "Part 5 – Referendums and Plebiscites – Referendum results". Parliamentary Library of Australia. Archived from the original on 29 September 2017..
- "Referendums and Plebiscites". Parliamentary Education Office. Retrieved 12 April 2016.
- Commonwealth of Australia Constitution Act (Cth) s 128
- Williams, George; Brennan, Sean; Lynch, Andrew (2014). Blackshield and Williams Australian constitutional law and theory : commentary and materials (6th edition. ed.). Annendale, NSW: Federation Press. pp. 987–8. ISBN 9781862879188.
- Van Krieken, Robert (2000). "From Milirrpum to Mabo: The High Court, Terra Nullius and Moral Entrepreneurship". University of New South Wales Law Journal. 23 (1): 63. Retrieved 30 July 2016.
- Milirrpum v Nabalco Pty Ltd and Commonwealth of Australia (1971) 17 FLR 141.
- Gardiner-Garden, John (2 May 2007). "The 1967 Referendum—history and myths" (PDF). Research Brief no 11. Parliamentary Library of Australia. ISSN 1832-2883. Archived (PDF) from the original on 13 January 2012. Retrieved 23 May 2017.
- Juddery, Bruce (27 May 1997). "Unsung hero of blacks' progress". The Canberra Times.
- "Campaigning for a YES vote". National Museum Australia. Retrieved 30 July 2016.
- "Case for 'yes' in the 1967 Referendum: Argument in favour of the proposed Constitution Alteration (Aboriginals) 1967". National Archives of Australia. Archived from the original on 17 March 2017. Retrieved 23 May 2017.
- Kartinyeri v Commonwealth  HCA 22, (1998) 195 CLR 337.
- Williams, George (2012). Race and the Australian Constitution (PDF). Australasian Study of Parliament Group Conference. Darwin, Australia. Archived from the original (PDF) on 14 February 2017. Retrieved 9 November 2016.
- Stuart Rintoul (22 December 2011). "Race power opens Pandora's box". The Australian.
- "A Guide to the Constitutional Recognition of Aboriginal and Torres Strait Islander peoples in Australia" (PDF). Ready 4 Recognition. p. 11. Retrieved 23 May 2017.
- Ellen Percy Kraly (2007). "The Annual Censuses of Aborigines, 1925–1944: Technical Imperative, Social Demography, or Social Control?". Population Association of America. Archived from the original on 7 February 2012. Retrieved 23 May 2017.
- Constitution Alteration (Referendums) 1977 (Cth).
- "Aboriginal rights". Western Australian Museum. Retrieved 20 April 2019.
- "Dispelling myths". Western Australian Museum. Retrieved 20 April 2019.
- Commonwealth Electoral Act 1949 (Cth)
- Commonwealth Electoral Act 1962 (Cth)
- Voters and the Franchise: the Federal Story (PDF), Department of the Parliamentary Library, Commonwealth of Australia, 2002, ISSN 1328-7478, retrieved 16 May 2015
- Williams, George; Brennan, Sean; Lynch, Andrew (2014). Blackshield and Williams Australian Constitutional Law and Theory (6th ed.). Leichhardt, NSW: Federation Press. pp. 135–6. ISBN 978-1-86287-918-8.
- Image of ballot paper: National Archives of Australia, item barcode 1843611, p 54.
- Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).
- Native Title Act 1993 (Cth).
- Racial Discrimination Act 1975 (Cth).
- States Grants (Aboriginal Advancement) Act 1972 (Cth).
- Aboriginal Loans Commission Act 1974 (Cth).
- Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 (Cth).
- 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998
- Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975 (Cth).
- Whitlam 1985, p. 465.
- Whitlam 1985, p. 467.
- Whitlam 1985, pp. 469–470.
- Whitlam 1985, p. 470.
- Broome 1982, pp. 189–190.
- Broome 1982, pp. 178–179.
- Lippmann 1994.
- Broome 1982, p. 179.
- Pilger, J. (1990), A Secret Country, London: Vintage, p. 46
- Whitlam 1985, pp. 473–474.
- World Heritage Properties Conservation Act 1983 (Cth).
- Commonwealth v Tasmania  HCA 21
- Bates, G.M. (1987). Environmental Law in Australia. Butterworths Pty Ltd, Sydney.
- Mabo v Queensland (No 2)  HCA 23.
- Whitlam, E.G. (1997), Dragging the Chain 1897–1997: The Second Vincent Lingiari Memorial Lecture, archived from the original on 2 December 1998
- Lippmann 1994, p. 89.
- "Close the Gap: Indigenous Health Campaign | Australian Human Rights Commission". www.humanrights.gov.au. Retrieved 23 May 2017.
- Evatt, E, "Ch 5 Effective interaction with State and Territory laws", Review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (PDF)  Indigenous Law Resources 1.
- Aboriginal and Torres Strait Islander Heritage Protection Act 198 (Cth)
- Hindmarsh Island Bridge Act 1997 (Cth)
- Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel (PDF), January 2012, ISBN 978-1-921975-29-5, archived (PDF) from the original on 16 March 2015
- "Push to recognise indigenous Australians in constitution", Sydney Morning Herald, Sydney, 19 January 2012, retrieved 2 April 2013
- "Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples". Australian Labor Party. Archived from the original on 19 February 2017.
- Ford, M; Blumer, C (20 May 2016). "Vote Compass: Most Australians back constitutional recognition for Indigenous Australians". abc.net.au.
- "Aboriginal Torres Strait Islander Peoples". Australian Greens. Archived from the original on 15 February 2017.
- "Our aims". Pauline Hanson's One Nation. Archived from the original on 6 July 2016.
- Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 (Cth), retrieved 31 May 2013
- Department of the Prime Minister and Cabinet. "Referendum Council". Retrieved 29 May 2016.
- "Discussion paper". Referendum Council. Archived from the original on 11 March 2017.
- "Communique – 25 November 2016". Department of the Prime Minister and Cobinet. Retrieved 23 May 2017.
- "Uluru Statement from the Heart – Referendum Council" (PDF). Referendum Council. Retrieved 10 December 2017.
- "Response to Referendum Council report suggests a narrow path forward on Indigenous constitutional reform". The Conversation. Retrieved 10 December 2017.
- "Response to Referendum Council's report on Constitutional Recognition". Attorney General Dept. Archived from the original on 10 December 2017. Retrieved 10 December 2017.
- "Aboriginal Australia - Referendums and Recognition: The 1967 Referendum". State Library of South Australia. Includes concise summary of referendum, plus detailed section on Legislative Background, starting with the 1891 National Australasian Convention. Tabs to other pages include a long list of Resources and a guide to sources relating to the movement for constitutional recognition of Indigenous Australians .
- "Australian 1967 Referendum", Creative Spirits, retrieved 4 January 2020. Contains interviews with Aboriginal campaigners.
- Brennan, Frank (2015), No Small Change: The Road to Recognition for Indigenous Australia, St Lucia, Queensland: University of Queensland Press, ISBN 9780702253324
- Broome, R. (1982), Aboriginal Australians, St Leonards: Allen & Unwin
- Collaborating for Indigenous Rights: the 1967 Referendum: history and archival resources on the 1967 Referendum, National Museum of Australia, March 2007
- Davis, Megan; Williams, George (2015), Everything You Need to Know about the Referendum to Recognise Indigenous Australians, Sydney, New South Wales: New South, ISBN 9781742234168
- Howard, John (15 July 1998). "The 1967 Referendum" (Press release). Archived from the original on 24 January 2014.
- Langton, Marcia (2011). "Reading the Constitution Out Loud". Meanjin. 70 (4): 18–32. Retrieved 10 May 2012. Discusses the 1967 referendum in the light of the proposed new referendum.
- Lippmann, L. (1994), Generations of Resistance: Mabo and justice, Melbourne: Longman Australia Pty Ltd
- The 1967 Referendum: Fact sheet, National Archives of Australia, archived from the original on 28 September 2011
- Whitlam, Gough (1985), The Whitlam Government 1972–1975, Ringwood Victoria: Viking
- Williams, George (2012), "Removing racism from Australia's constitutional DNA", Alternative Law Journal, 37 (3): 151
- Commonwealth of Australia (6 April 1967). "Referendums to be held on Saturday, 27 May, 1967, on the proposed laws for the alteration of the Constitution entitled Constitution alteration (Parliament) 1967 and Constitution alteration (Aboriginals) 1967". Commonwealth Government Printer – via Museums Victoria. (Scan of first two pages of information booklet, including the two questions)
- "Constitution Alteration (Aboriginals) 1967". Federal Legislation. Australian Government.
Amendments to the