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The Forum > Article Comments > Direct democracy comes to Australia > Comments

Direct democracy comes to Australia : Comments

By Andrew Murray, published 7/9/2007

Australians often feel disenchanted with our political system and that they are ignored. The Plebiscites Bill could change all that.

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Andrew Murray states that the purpose of the Commonwealth Electoral Amendment (Democratic Plebiscites) Bill 2007 is to allow the AEC “to undertake any plebiscite on the amalgamation of any local government in any part of Australia”.

Would not this proposed legislation be unconstitutional? Does this proposal not attempt to give a form of recognition at Commonwealth level to local government? Was the question of the giving of such Constitutional recognition not one of the four referendum questions voted down, by a record level of rejection since Federation, in the September 1988 referenda?

Surely, if an alteration of the Constitution was seen as being needed in 1988 to establish local government under the Constitution, it would seem that the present government proposal lacks the necessary Constitutional authority for it to be able to take effect. By undertaking a plebiscite with respect to amalgamation of any local government area, the Commonwealth is in effect recognising the status quo of local government areas, since one outcome of any plebiscite could be that of rejection of an amalgamation proposal put up by the State government involved.

Alternatively, the Commonwealth is just proposing to spend money and apply resources for the conduct of non-binding expressions of electoral will in an area in which it has no jurisdiction. That would be to act outside its authority, and would be a waste of public money that should be prevented from occurring.

Andrew Murray seems to regard the existence of compulsory voting as some sort of safeguard in the event "democratic plebiscites" come to be part of the electoral scene. It is interesting that he observes that "In the 106 years since Federation only 17 private bills have passed." The bill that introduced compulsory voting was one of them. It passed through the Parliament in 1924 in just 15 minutes.

Could I suggest this attempt to see that plebiscites occur in Queensland concurrently with the upcoming Federal elections is to provide a means for the AEC to circumvent the 2006 roll closure amendments in that State?
See: http://forum.onlineopinion.com.au/thread.asp?discussion=881#15340
Posted by Forrest Gumpp, Sunday, 9 September 2007 5:35:30 AM
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http://www.nowpublic.com/little-somethin-somethin

just what it says. A little somethin' somethin'. Fuel for thought.
Posted by aqvarivs, Sunday, 9 September 2007 11:57:52 AM
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To IIuvator,

was that "yep" a yes to they are credable?
If so how do you know?
I was very impressed with the fellow who told me about the possability of the Noosa people organising their own referendum, Direct democracy. Is such an action possable?, has it been done before in Aust? I have not seen anything in the paper and do not know how to contact their group, he said it was called HER, can you help?
Posted by buttons, Sunday, 9 September 2007 3:02:07 PM
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Buttons:

That was yep, as in; "Has anyone heard of Upmart or Malcolm Mcclure?"

I don't know how credible they are?

cheers.
Posted by Iluvatar, Sunday, 9 September 2007 3:49:02 PM
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I wonder what audio effect you have Andrew, on your email notification for posts to this thread? It would be very appropriate if it was to be the opening bars of the tune "Men of Harlech". For there is great danger in this proposal, and I for one am very grateful that you have brought the matter to my attention with your OLO article.

The more I think about it, the more it seems those behind this proposal, the Commonwealth Electoral Amendment (Democratic Plebiscites) Bill 2007, are playing to your otherwise commendable predilection to give electors more direct say in legislative initiatives, and thus redress the situation in which, as you say, "Australians often feel disenchanted with our political system and that they are ignored." Your predilection is admirable, but I fear you are being used.

Your job is to keep the bastards honest. The only question is which bastards?

You say, speaking of the Coalition government, that "Long term it matters not a jot that the Coalition’s motive is immediate and self-interested.". I would beg to differ. I suggest that the present government has been conned and is being used, just as you may be being used, to advance this dangerous proposal. They (the Coalition) are just desperate in the face of, to them, incomprehensibly bad opinion poll results as they seemingly inexorably approach an election deadline. Whilst bastards they may be, the Coalition may not be the RELEVANT bastards you are there to keep honest in this particular case.

I suggest the bastards you have to worry about might be best described as "Fat Controllers", people with a long-term interest in influencing overall electoral processes across the entire political spectrum in Australia, influencing with a view to determining electoral outcomes notwithstanding external expressions or assessments of public opinion indicative to the contrary. The vehicle such 'Fat Controllers' use to implement this influence may well be the AEC, or more particularly, the Central Office thereof, using its operating procedures and directives. I suggest they may be the relevant bastards you must watch.

Keep THEM honest!

TBC
Posted by Forrest Gumpp, Monday, 10 September 2007 1:59:53 PM
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Dear Forrest Gumpp

Interesting thought and post.

It only serves to highlight the incremental controls that some governments have placed on the AEC over the years.

The most recent one is the Howard government's changes to voter enrolment deadlines; that is to close the rolls the INSTANT an election is called. Too bad if you work night shift or are otherwise ill disposed on that day (and haven't updated your electoral details).

Not quite sure who that bastards are here .....
Posted by Iluvatar, Monday, 10 September 2007 2:21:10 PM
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