successful+referendum+-+another+example

**Changing division of power through referendum – Aboriginal people 1967** Prior to 1967, section 51(xxvi) of the Constitution was worded in such a way that it prevented the Commonwealth parliament from legislating in relation to Australia’s Indigenous peoples. As this power was not given to the Commonwealth it remained with the state parliaments as a residual power. In 1967, a referendum was held to alter the words of the Commonwealth Constitution. The referendum received the support of 90.77 per cent of voters, and a majority of yes votes in all six states. The impact of this was that section 51 (xxvi) was changed by deleting the exclusion of Aborigines in relation to Commonwealth’s ability to pass laws in this area, and section 127 was deleted in relation to excluding Aboriginal people in the population census. These changes now meant that the responsibility of Aboriginal affairs was now a **concurrent** power. There was an **increase** in the **legislative** power of the Commonwealth parliament, as it now had law-making power in another area. The change enabled the Commonwealth Parliament to spend money on initiatives for Aboriginal people, rather than being reliant on the states to do so. The changed law-making powers allowed subsequent parliaments to pass further laws in relation to Aboriginals eg in 1972 the Whitlam government established the Department of Aboriginal affairs.
 * __The way in which one successful referendum changed the division of law-making powers.__**