REFERENDUM AND FEDERATION

Media Release on views expressed to media at Albany, W.A., 14 October 1999

'Hardly a thought has been given to the effect of the November referendum changes on the strength of our federation', said Mr Richard McGarvie, former Governor of Victoria, in Albany, WA, today (14 October 1999).

He is in Western Australia at the invitation of YAAR (Young Australians Against this Republic). He said that supporters of the yes vote are still following the agenda the West Australian Constitutional Committee under Malcolm McCusker QC described as 'promoting a vision of Australia that downplays the role of the States'.

Mr McGarvie emphasised that if the yes vote for a Turnbull model republic at Commonwealth level won in November, there is the highest prospect that the majority in one or two states would dissent. This follows from the fundamental flaws the constitutional changes would introduce into the actual operation of our constitutional system. He identified those flaws as the prime minister's instant power to dismiss a president, which would cripple the fail-safe mechanism that enables an exceptional constitutional malfunction to be referred in the last resort to the parliament or people for resolution; presidents with a great mandate encouraging rivalry with the elected government; celebrities instead of people of the calibre of our governors-general likely to become presidents; and the way open to an activist High Court to shift great constitutional influence to itself by entering the reserve power area. He added that the flawed model could only attract 73 votes from 152 Constitutional Convention delegates.

'We take for granted the enormous advantage of being the only federation in the world which spans a whole continent and the major adjacent island', he said. He stressed that it would inevitably produce tensions within the federation if the referendum passed with dissenting states. 'Since 1910 no referendum has been passed with any state dissenting'. He took the example of the referendum passing with Western Australia and South Australia dissenting. Their people would find themselves on 1 January 2001 forced in to a Turnbull model republic at Commonwealth level, which they did not trust with their democracy. 'Whatever the theorists say, they would be forced by circumstance and ridicule to change to republics at state level', he added. He said these questions are fully covered in his recent book, Democracy: choosing Australia's republic.

'Our federation is now very effective and strong', Mr McGarvie said, 'and we would be reckless in our responsibility to future generations to run the high risk of creating those tensions by a split yes vote humiliating original states'. He reminded the audience that in 1933 when Western Australia felt unfairly treated, a state referendum voted almost two to one to leave the federation.