The Constitution
Social welfare referendum
28 September 1946
Australians vote to allow the Parliament to make laws to provide family allowance, unemployment and other welfare payments.
The Second World War saw the expansion of Australian government social welfare. Child endowment (family allowance) had been introduced in 1941, a widow’s pension in 1942, and unemployment and sickness benefits in 1945. However, the Australian Parliament’s use of section 81 of the Australian Constitution (consolidated revenue) to make these laws was found to be unconstitutional by the High Court of Australia. A change to the Constitution was needed to continue these payments.
The resulting referendum was strongly supported because social welfare was already accepted as an Australian Government responsibility. Many voters would also have lost welfare payments if the referendum was defeated.
The new section 51 (xxiiiA) increased the power of the Australian Parliament and has since been used to pay allowances for medical services.
The Parliament shall … have power to make laws … with respect to: … the provision of maternity allowances, widows’ pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services … benefits to students and family allowances
Australian Constitution, section 51(xxiiiA)
1946 referendums pamphlet
National Library of Australia, NLp 342.94 AUS
1946 referendums pamphlet
National Library of Australia, NLp 342.94 AUS
Description
- This image shows the title page from a pamphlet distributed by the Commonwealth Electoral Office (now the Australian Electoral Commission) ahead of the 1946 referendums on social services, marketing and industrial employment. The social services proposal was carried, while the other two were not.
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