The Constitution of Australia, having been approved in 1901 after successful Referendums in all 6 States, has now passed its use by date.
The massive distrust that voters have in the political establishment will not ever enable it to be changed piece by piece in referendums spread over many decades. We can only achieve the creation of a MODERN AUSTRALIAN DEMOCRACY via a totally new document that is eventually approved in one major action as happened in 1901 after a decade of public consultation.
Significantly, it will be achieved only if it is drafted entirely by the voters of Australia themselves, not politicians.
It will gain its initial acceptance from countless Town Hall Meetings that can held across Australia over a period of 5 years where voters are able to recommend improvements so that we all have a genuine sense of ownership of our new Constitution before we vote in a Referendum to approve it.
What should the New Constitution contain as its major elements, noting that it will a totally new document? It must not in any way be an upgrade of the old document.
My initial thoughts on the main features of it are here for you to debate and improve –
*We continue to be the Commonwealth of Australia.
*Royals are left out. Utterly and totally.
*The People of Australia are empowered to elect a one term Governor General as a totally independent Head of State in a nationwide ballot every 5 years. No past or present Members of Parliament or the Bureaucracy or the Armed Services can be eligible to hold this Office.
*The Governor General will be permanent Chair of a National Corruption Commission comprising 5 former Justices whom he or she will personally select and whose terms will end when the Governor General’s term ends. The Commission will appoint prosecutors to take its findings to Courts.
* There will be only One House of Parliament. It will simply be called the Parliament and it will have 200 elected Members. 100 will be elected as Members representing an Electoral District. 100 will be elected by percentage of the national vote gained by their political parties or by groups of Independents.
*Parliament will be elected for a fixed 4 year term with the Election date being stated in the Constitution. No Member can be elected for more than 5 terms. The legal status of political parties will be clearly stated in the Constitution with their election of candidates being conducted solely by the Electoral Commission.
*The elections every 4 years will be publicly funded. Receipt of political donations from any source will be an offence punishable by law.
*All candidates for election to Parliament must obtain an Accreditation Certificate before nominating to participate in an election. This will require them to complete one year of prescribed part time study of the Constitution, Parliament, Public Service, High Court and Australian History,
*A totally independent High Court of 7 persons will be established with all Justices appointed for one 10 year term by a majority vote of Parliament.
*There be not more than 25 Ministries, each supported by a Department staffed by independent Public Servants to implement legislation passed by Parliament. All Heads of Departments must have served as Public Servants for a minimum of 10 years. Each Minister will, by approval of a vote of Parliament, appoint an Assistant Minister as their primary adviser. Assistant Ministers will not be Members of Parliament or the Public Service. They will be people with proven professional skills and qualifications from the private sector.
*All 6 existing State Governments will cease to exist. They will be replaced by 50 new State Governments who will implement and manage community services on behalf of, but independent of, the National Government, and with greater scope than State Governments now have to implement local initiatives. Their prime aim will be to decentralise the nation and move population away from current capital cities.
*Each of the 50 State Governments will appoint an Administrator by a majority vote of their Parliament. The Governor General will formally approve the choice subject to the vote having been carried out in the correct manner.
*There will be no Local Governments as there is no need for Australia to have three levels of government. Their current work will be carried out by the 50 new State Governments.
There is much more that I could add, but this is a sufficient to start a popular debate.
No attempt should be made to ask Parliament to initiative this genuine community movement. It will be implemented by volunteers from all over Australia with no political parties or their financial members being involved. Initially, it will best be led by 10 eminent citizens who volunteer their services. Their costs can be covered by voluntary public donations so as to be independent of Parliament.
Parliament will be invited to act on the proposed new Constitution only when a major consensus has been achieved among voters for the Constitution and they are ready to own it and vote on it in a referendum..
Australia is a democracy.
We must put genuine democracy to work for the first time in the history of Australia.
EVERALD COMPTON AO
Everald’s Mission