1998 Australian Constitutional Convention
The 1998 Australian Constitutional Convention was a Constitutional Convention which gathered at Old Parliament House, Canberra from 2 to 13 February 1998. It was called by the Howard Government to discuss whether Australia should become a republic. The convention concluded with "in principle support" for an Australian republic and proposed a model involving appointment of the head of state by Parliament. The model was put to a referendum in November 1999 and rejected by the Australian electorate.
Background
Australia remains a constitutional monarchy under the Australian Constitution adopted in 1901, with the duties of the head of state performed by a Governor-General selected by the Australian Prime Minister. Australian republicanism has persisted since colonial times, though for much of the 20th century, the monarchy remained popular. In the early 1990s, republicanism became a significant political issue. Australian Labor Party Prime Minister Paul Keating indicated a desire to instigate a republic in time for the Centenary of the Federation of Australia in 2001. The opposition Liberal-National Coalition, led by Alexander Downer, though less supportive of the republic plan, promised to convene a Constitutional Convention to discuss the issue. Under John Howard, the Coalition won the 1996 Federal Election and set the Convention date for February 1998.Composition
The convention comprised 152 delegates from all of the states and territories of Australia – half elected by voluntary postal vote and half appointed by the federal government. Of the appointees, 40 were representatives of the commonwealth, state and territory parliaments. Various pro-republican and pro-monarchy delegates were elected and various parliamentary and non-parliamentary delegates were appointed including state and territory leaders. The convention was chaired by the Right Honourable Ian Sinclair, of the National Party of Australia with the Honourable Barry Jones of the Australian Labor Party as deputy chairman.Prominent advocates
Parliamentarians
Sitting members of the Liberal-National Party Coalition were permitted a free vote on the republican issue, while the Australian Labor Party adopted the republican position as a matter of party policy. Senior Liberals split on the issue, with the Prime Minister, John Howard, supporting the status quo and the Treasurer, Peter Costello, supporting a republic. Other representatives of the government at the convention included the Attorney General, Daryl Williams, the Minister for the Environment, Robert Hill, and the Minister for Social Security, Jocelyn Newman, as well as the Deputy Prime Minister, Tim Fischer, and other Members of Parliament. The Leader of the Opposition, Kim Beazley, was accompanied by colleagues Gareth Evans, John Faulkner and others, while the Australian Democrats sent Senator Natasha Stott Despoja.The states all sent three representatives including their premiers and opposition leaders, while the territories were represented by their chief ministers. Premiers Bob Carr, Jeff Kennett, Rob Borbidge, Richard Court, John Olsen and Tony Rundle attended, along with chief ministers Kate Carnell and Shane Stone.
ARM and ACM
A number of members of the Australian Republican Movement attended the convention. ARM was established in July 1991 and comprised distinguished Australian intellectuals, politicians and former politicians, business people, students and other citizens who supported an Australian republic. A number of Australian Labor Party supporters and members were attracted to the organisation, though its leader from 1993 to 2000 was future Liberal Prime Minister Malcolm Turnbull. Prominent delegates at the Convention included media personalities Steve Vizard and Eddie McGuire, businesswoman Janet Holmes à Court and businessman Lindsay Fox.Australians for Constitutional Monarchy was established in 1992, after Prime Minister Keating announced his republican agenda. The organisation was called together to counter the republican movement by Justice Michael Kirby and like minded constitutional monarchists including Lloyd Waddy, Aboriginal statesman Neville Bonner, Chancellor of the University of Sydney Dame Leonie Kramer, Helen Sham-Ho , Doug Sutherland and others.
Later, former Labor leader and Governor General Bill Hayden joined the organisation and membership grew to more than registered supporters nationwide. Justice Kirby argued that a constitutional monarchy is "a system of government for those committed to effective checks on rulers and to liberal democracy". Kirby resigned from the organisation upon being appointed a judge of the High Court of Australia and did not participate in the Convention. ACM recruited Tony Abbott as its first full-time executive director, although his membership also ceased following pre-selection as a Liberal candidate for election to the Federal Parliament in March 1996. Kerry Jones was then appointed executive director of ACM in his place. She and Lloyd Waddy led ACM through the 1998 Constitutional Convention and the 1999 referendum. Don Chipp, founder of the Australian Democrats, was one of ACM's delegates at the Convention.
Others
Smaller republican groupings included "A Just Republic", the "Real Republic" group, the Clem Jones "Queensland Constitutional Republic Team" and the Ted Mack group. Other monarchist groups included the "Constitutional Monarchists" group, the Australian Monarchist League and "Safeguard the People". Other minor Australian political parties with elected representatives included the Shooters Party, the Christian Democrats. A number of individuals were elected under other grouping names, including lawyer Jason Yat-Sen Li and Misha Schubert.Six Indigenous delegates participated in the Convention, including magistrate Pat O'Shane, who was vocal in support of a republic and monarchist Neville Bonner, Australia's first Aboriginal parliamentarian, who ended his contribution to the Convention with a Jagera Tribal Sorry Chant in sadness at the deception practised by republicans. The Republican Model, as well as a proposal for a new Constitutional Preamble which would have included the "honouring" of Aboriginals and Torres Strait Islanders.
Lady Florence Bjelke-Petersen and Glen Sheil represented the group named "Constitutional Monarchists", while prominent Returned and Services League spokesman Bruce Ruxton represented the monarchist "Safeguard the People" group and Brigadier Alf Garland represented the Australian Monarchist League. Ted Mack and Phil Cleary were prominent independent republicans.
Clergy from the major churches were appointed as delegates: the Catholic Church in Australia's George Pell and the Anglican Church of Australia' s Peter Hollingworth; while republican Tim Costello, a prominent Baptist minister was elected as a representative for Victoria from the "Real Republic Group".
Other appointees included academics, such as historian Geoffrey Blainey and Sydney University chancellor Leonie Kramer; legal and constitutional experts such as law professor Greg Craven retired judge Richard McGarvie and public servant David Smith. Former Vice Regal office holders were also appointed, including former Governor of South Australia Dame Roma Mitchell and former Governor General Bill Hayden. Senior business appointees included Sir Arvi Parbo and Donald McGauchie. Journalist delegates included Mia Handshin and Miranda Devine.
Debate and conclusions
The Convention debated the need for a change to the Constitution of Australia which would remove the monarchy from a role in Australian government and law. According to the final communiqué issued by the Convention, three questions were considered:Delegates advocated a range of positions from no-change to minimal change to radical change. According to the final communique:
"In principle" agreement was reached by a majority of delegates for an Australian Republic. Following a series of votes, a proposal for a "Bipartisan Appointment of the President Model" for an Australian republic was endorsed by a majority of delegates who voted for or against the motion. According to hansard, the vote for the Bi-Partisan model was: "for" 73, "against" 57 with 22 abstentions.
The final communiqué recommended that Parliament establish a committee responsible for considering the nominations for the position of president and consult widely in the community and compile a shortlist for the Prime Minister. Taking into account the recommendations of the committee, the Prime Minister would then present a single nominee, seconded by the Opposition Leader to a joint sitting of the Australian Parliament which must gain a two-thirds majority in order to be endorsed. The president could be removed at any time by a notice in writing signed by the Prime Minister, however if the House of Representatives failed to ratify this dismissal, the president would be eligible for re-appointment. The powers of the president were to be those of the existing office of Governor General of Australia.
The Convention recommended that state parliaments also examine the issue of the republic, as each state has separate and individual constitutional links to the monarchy. Certain recommendations were made for a new Constitutional preamble which included introductory language along the lines of "we the Australian people", and referencing "Almighty God", custodianship and occupancy of Australia by Indigenous Australians; as well as affirmations of the law, cultural diversity, unique land and environment and democratic political system of Australia.
The new Australian republic was to retain the name Commonwealth of Australia.
The Convention recommended to the Prime Minister and Parliament of Australia that the model, and other related changes to the Constitution, supported by the convention, be put to the people in a constitutional referendum in 1999.
The minimalist McGarvie Model developed by former Governor of Victoria, Richard McGarvie, and originally submitted to the Republic Advisory Committee in 1993, was the second most popular model of the four voted upon. Republican delegates Clem Jones, Ted Mack, Pat O'Shane, Paul Tully and Paddy O'Brien held out for greater change to the Constitution than the more minimalist model ultimately proposed.
Arguments by key advocates
In his address to the opening session of the Convention, Liberal Prime Minister John Howard outlined his support for retaining the status quo on the basis that it has provided a long period of stability and said he believed that the "separation of the ceremonial and executive functions of government" and the presence of a neutral "defender of constitutional integrity" was an advantage in government and that no republican model would be as effective in providing such an outcome as the Australian monarchy:The Deputy Prime Minister, Tim Fischer, of the National Party said that the Australian Constitution had delivered one of the "oldest continuous federated democracies in the world" and that changing it would be a complex operation:
Opposition Leader Kim Beazley of the Australian Labor Party advocated "minimalist" change. He described transition to a republic as "unfinished business" for Australia and said that foreigners "find it strange and anachronistic, as many Australians now clearly do, that our Head of State is not an Australian". The ALP proposed appointment of a president by two-thirds majority of parliament. In his opening address, Beazley told the Convention:
Liberal Treasurer Peter Costello advocated for a republic. He rejected any suggestion that Australia was not already an independent nation and said that, while the Australian Constitution works "remarkably well", it was the institution of monarchy that was the crux of his argument for change:
Pat O'Shane, a magistrate and indigenous woman expressed a desire for change based on what she perceived as historical injustice and present inadequacies within the Australian Constitution:
Indigenous delegates were divided, however. Former Senator Neville Bonner made an impassioned defence of the constitutional monarchy, describing efforts to change it as "senseless division" and a distraction from the real problems facing Australia:
Kerry Jones, leader of Australians for Constitutional Monarchy defended the Australian Constitution, saying "no republic model will ever offer the protection and safeguards that work so well in our current Constitution". She said her task was to "assess each republican model against the Constitution that has served us so well":
Delegates examined various models for a republic. Independent republican delegate Phil Cleary argued the case for direct-election of a president and questioned the motivations of "conservative" republicans:
Malcolm Turnbull, leader of the Australian Republican Movement, cautioned against mixing the roles of President and Prime Minister in a direct election system, telling the Convention:
The Catholic Archbishop of Melbourne, George Pell, supported change, but noted "Without support from most of the front benches of both sides of the parliament, it would be wasteful to go to a referendum." Towards the end of proceedings, he called on conservatives to support change:
Aftermath
Two proposals to amend the Australian Constitution were submitted to the Australian electorate in November 1999. If approved, the referendum would have established a republican system of government in Australia. The referendum held on 6 November 1999 failed to achieve the support of either a majority of voters or a majority of states. The national vote of the electors in favour of Australia becoming a republic was 45.13%, with 54.87% against. Australia remains a constitutional monarchy.Delegates
A total of 152 delegates, from each state and territory and a wide diversity of backgrounds, gathered at Old Parliament House in Canberra. Seventy-six of the delegates were elected by a voluntary postal ballot. The other seventy-six were appointed by the federal government.List of elected delegates
| Order | Delegate name | Organisation | State/Territory |
| 1 | Malcolm Turnbull | Australian Republican Movement | New South Wales |
| 2 | Doug Sutherland | No Republic – ACM | New South Wales |
| 3 | Ted Mack | Ted Mack Group | New South Wales |
| 4 | Wendy Machin | Australian Republican Movement | New South Wales |
| 5 | Kerry Jones | No Republic – ACM | New South Wales |
| 6 | Ed Haber | Ted Mack Group | New South Wales |
| 7 | The Hon. Neville Wran | Australian Republican Movement | New South Wales |
| 8 | Cr Julian Leeser | No Republic – ACM | New South Wales |
| 9 | Karin Sowada | Australian Republican Movement | New South Wales |
| 10 | Peter Grogan | Australian Republican Movement | New South Wales |
| 11 | Jennie George | Australian Republican Movement | New South Wales |
| 12 | Christine Ferguson | No Republic – ACM | New South Wales |
| 13 | Alasdair Webster | Christian Democratic Party | New South Wales |
| 14 | Glenda Hewitt | ungrouped – I Care About Australia's Future | New South Wales |
| 15 | Dr Pat O'Shane | A Just Republic | New South Wales |
| 16 | Brigadier Alf Garland | Australian Monarchist League | New South Wales |
| 17 | Andrew Gunter | Ethos – Elect the Head of State | New South Wales |
| 18 | Hazel Hawke | Australian Republican Movement | New South Wales |
| 19 | Jason Yat-Sen Li | ungrouped – A Multi-Cultural Voice | New South Wales |
| 20 | Catherine Moore | Greens, Bill of Rights, Indigenous Peoples | New South Wales |
| 21 | Eddie McGuire | Australian Republican Movement | Victoria |
| 22 | The Hon. Don Chipp | No Republic – ACM | Victoria |
| 23 | The Rev. Tim Costello | Real Republic | Victoria |
| 24 | Bruce Ruxton | Safeguard the People | Victoria |
| 25 | Mary Delahunty | Australian Republican Movement | Victoria |
| 26 | Sophie Panopoulos | No Republic – ACM | Victoria |
| 27 | Steve Vizard | Australian Republican Movement | Victoria |
| 28 | Poppy King | Australian Republican Movement | Victoria |
| 29 | Lindsay Fox | Australian Republican Movement | Victoria |
| 30 | The Hon. Vernon Wilcox | Safeguard the People | Victoria |
| 31 | Moira Rayner | Real Republic | Victoria |
| 32 | Misha Schubert | Republic4U – The Youth Ticket | Victoria |
| 33 | The Hon. Jim Ramsay | No Republic – ACM | Victoria |
| 34 | Kenneth Gifford | Australian Monarchist League | Victoria |
| 35 | Phil Cleary | ungrouped – Phil Cleary – Independent Australia | Victoria |
| 36 | Eric Bullmore | Shooters Party | Victoria |
| 37 | The Hon. Sir James Killen | No Republic – ACM | Queensland |
| 38 | Dr Clem Jones | Clem Jones Queensland Constitutional Republic Team | Queensland |
| 39 | The Hon. Michael Lavarch | Australian Republican Movement | Queensland |
| 40 | Dr Glen Sheil | Constitutional Monarchists | Queensland |
| 41 | Neville Bonner | No Republic – ACM | Queensland |
| 42 | David Muir | Clem Jones Queensland Constitutional Republic Team | Queensland |
| 43 | Sallyanne Atkinson | Australian Republican Movement | Queensland |
| 44 | Thomas Bradley | No Republic – ACM | Queensland |
| 45 | Florence, Lady Bjelke-Petersen | Constitutional Monarchists | Queensland |
| 46 | Mary Kelly | Women for a Just Republic | Queensland |
| 47 | Sarina Russo | Australian Republican Movement | Queensland |
| 48 | Cr Paul Tully | Queenslanders for a Republic | Queensland |
| 49 | Cr Ann Bunnell | Clem Jones Queensland Constitutional Republic Team | Queensland |
| 50 | Janet Holmes à Court | Australian Republican Movement | Western Australia |
| 51 | The Rt Hon. Reg Withers | No Republic – ACM | Western Australia |
| 52 | Prof. Peter Tannock | Australian Republican Movement | Western Australia |
| 53 | Geoff Hourn | No Republic – ACM | Western Australia |
| 54 | Graham Edwards | Australian Republican Movement | Western Australia |
| 55 | Clare Thompson | Australian Republican Movement | Western Australia |
| 56 | Marylyn Rodgers | No Republic – ACM | Western Australia |
| 57 | Liam Bartlett | ungrouped – An Open Mind for the Future | Western Australia |
| 58 | Prof. Patrick O'Brien | Elect the President | Western Australia |
| 59 | Kym Bonython | No Republic – ACM | South Australia |
| 60 | Dr Baden Teague | Australian Republican Movement | South Australia |
| 61 | The Rt Rev. John Hepworth | No Republic – ACM | South Australia |
| 62 | Linda Kirk | Australian Republican Movement | South Australia |
| 63 | Victoria Manetta | No Republic – ACM | South Australia |
| 64 | Dr Tony Cocchiaro | Australian Republican Movement | South Australia |
| 65 | Fr John Fleming | No Republic – ACM | South Australia |
| 66 | Kirsten Andrews | Australian Republican Movement | South Australia |
| 67 | Edward O'Farrell | No Republic – ACM | Tasmania |
| 68 | Julian Green | Australian Republican Movement | Tasmania |
| 69 | Michael Castle | No Republic – ACM | Tasmania |
| 70 | Marguerite Scott | Australian Republican Movement | Tasmania |
| 71 | Dr David Mitchell | The Australian Monarchist League | Tasmania |
| 72 | Eric Lockett | ungrouped – Voice of Ordinary, Fair-Minded, Thinking Citizens | Tasmania |
| 73 | Anne Witheford | Australian Republican Movement | Australian Capital Territory |
| 74 | Frank Cassidy | Australian Republican Movement | Australian Capital Territory |
| 75 | David Curtis | A Just Republic | Northern Territory |
| 76 | Michael Kilgariff | ungrouped – Territory Republican | Northern Territory |
List of appointed delegates
| Order | Delegate name | State/Territory | Category |
| 1 | Andrea Ang | Western Australia | Non-parliamentary |
| 2 | Stella Axarlis | Victoria | Non-parliamentary |
| 3 | Dannalee Bell | Victoria | Non-parliamentary |
| 4 | Julie Bishop | Western Australia | Non-parliamentary |
| 5 | Geoffrey Blainey | Victoria | Non-parliamentary |
| 6 | Greg Craven | Western Australia | Non-parliamentary |
| 7 | Miranda Devine | New South Wales | Non-parliamentary |
| 8 | Gatjil Djerrkura | Northern Territory | Non-parliamentary |
| 9 | Mia Handshin | South Australia | Non-parliamentary |
| 10 | The Hon. Bill Hayden | Queensland | Non-parliamentary |
| 11 | The Most Revd Peter Hollingworth | Queensland | Non-parliamentary |
| 12 | Mary Imlach | Tasmania | Non-parliamentary |
| 13 | Major General William James | Queensland | Non-parliamentary |
| 14 | Adam Johnston | New South Wales | Non-parliamentary |
| 15 | Annette Knight | Western Australia | Non-parliamentary |
| 16 | Dame Leonie Kramer | New South Wales | Non-parliamentary |
| 17 | Helen Lynch | New South Wales | Non-parliamentary |
| 18 | The Hon. Richard McGarvie | Victoria | Non-parliamentary |
| 19 | Donald McGauchie | Victoria | Non-parliamentary |
| 20 | The Hon. Dame Roma Mitchell | South Australia | Non-parliamentary |
| 21 | Carl Möller | Tasmania | Non-parliamentary |
| 22 | Cr Joan Moloney | Queensland | Non-parliamentary |
| 23 | George Mye | Queensland / TSI | Non-parliamentary |
| 24 | Ben Myers | Queensland | Non-parliamentary |
| 25 | Moira O'Brien | Northern Territory | Non-parliamentary |
| 26 | Lois O'Donoghue | South Australia | Non-parliamentary |
| 27 | Sir Arvi Parbo | Victoria | Non-parliamentary |
| 28 | The Most Revd George Pell | Victoria | Non-parliamentary |
| 29 | Nova Peris-Kneebone | Western Australia / Northern Territory | Non-parliamentary |
| 30 | Peter Sams | New South Wales | Non-parliamentary |
| 31 | Judith Sloan | South Australia | Non-parliamentary |
| 32 | Sir David Smith | Australian Capital Territory | Non-parliamentary |
| 33 | Trang Thomas | Victoria | Non-parliamentary |
| 34 | Lloyd Waddy | New South Wales | Non-parliamentary |
| 35 | George Winterton | New South Wales | Non-parliamentary |
| 36 | Heidi Zwar | Australian Capital Territory | Non-parliamentary |
| Order | Delegate name | Office | Category |
| 37 | The Hon. John Howard | Prime Minister | Parliamentary |
| 38 | The Hon. Peter Costello | Treasurer | Parliamentary |
| 39 | The Hon. Daryl Williams | Attorney-General | Parliamentary |
| 40 | Senator the Hon. Robert Hill | Minister for the Environment | Parliamentary |
| 41 | Senator the Hon. Jocelyn Newman | Minister for Social Security | Parliamentary |
| 42 | Neil Andrew | Chief Government Whip | Parliamentary |
| 43 | Chris Gallus | Parliamentary | |
| 44 | Kevin Andrews | Parliamentary | |
| 45 | Senator Alan Ferguson | Parliamentary | |
| 46 | The Hon. Tim Fischer | Deputy Prime Minister | Parliamentary |
| 47 | The Hon. John Anderson | Minister for Primary Industries and Energy | Parliamentary |
| 48 | Senator Ron Boswell | Leader of the National Party of Australia in the Senate | Parliamentary |
| 49 | The Hon. Kim Beazley | Leader of the Opposition | Parliamentary |
| 50 | The Hon. Gareth Evans | Deputy Leader of the Opposition | Parliamentary |
| 51 | Senator the Hon. John Faulkner | Leader of the Opposition in the Senate | Parliamentary |
| 52 | Senator Sue West | Deputy President of the Senate | Parliamentary |
| 53 | Senator the Hon. Nick Bolkus | Shadow Attorney-General | Parliamentary |
| 54 | Senator Kate Lundy | Parliamentary | |
| 55 | Senator Natasha Stott Despoja | Deputy Leader of the Democrats | Parliamentary |
| 56 | Allan Rocher | Parliamentary | |
| 57 | The Hon. Bob Carr | Premier of New South Wales | Parliamentary |
| 58 | The Hon. Peter Collins | Leader of the Opposition | Parliamentary |
| 59 | The Hon. Jeff Shaw | Attorney-General and Minister for Industrial Relations | Parliamentary |
| 60 | The Hon. Jeff Kennett MLA | Premier of Victoria | Parliamentary |
| 61 | John Brumby MLA | Leader of the Opposition | Parliamentary |
| 62 | The Hon. Pat McNamara MLA | Deputy Premier and Minister for Agriculture | Parliamentary |
| 63 | The Hon. Rob Borbidge MLA | Premier of Queensland | Parliamentary |
| 64 | Peter Beattie MLA | Leader of the Opposition | Parliamentary |
| 65 | The Hon. Denver Beanland MLA | Attorney-General and Minister for Justice | Parliamentary |
| 66 | The Hon. Richard Court MLA | Premier of Western Australia | Parliamentary |
| 67 | Geoff Gallop MLA | Leader of the Opposition | Parliamentary |
| 68 | The Hon. Hendy Cowan MLA | Deputy Premier of Western Australia | Parliamentary |
| 69 | The Hon. John Olsen FNIA MP | Premier of South Australia | Parliamentary |
| 70 | The Hon. Mike Rann MP | Leader of the Opposition | Parliamentary |
| 71 | The Hon. Mike Elliott MLC | Leader of the Australian Democrats | Parliamentary |
| 72 | The Hon. Tony Rundle MHA | Premier of Tasmania | Parliamentary |
| 73 | Jim Bacon MHA | Leader of the Opposition | Parliamentary |
| 74 | Christine Milne MHA | Leader of the Tasmanian Greens | Parliamentary |
| 75 | Kate Carnell MLA | Chief Minister of the Australian Capital Territory | Parliamentary |
| 76 | The Hon. Shane Stone MLA | Chief Minister of the Northern Territory | Parliamentary |