Model 1: The Federal Republic
This model has the following key features:
- A Governing Council elected by members of State Parliaments to replace the Governor General.
- An elected President.
- Division of responsibility between the Federal, State and Shire governments.
- Recognition of prior ownership of Australia by indigenous peoples.
Parliament House Canberra (Wikipedia) |
The Federal Governing Council
This body replaces the Governor General in the current system.
The Governing Council:
- One member elected by each State Parliament (joint sitting where two houses)
- May call for a Postal Vote on any legislation that it feels the Federal Government does not have a mandate to enact.
- Grants ascent to legislation passed by the Federal Parliaments that has not failed a Postal Vote.
- May hold public enquiries into any matter as it sees fit.
- May call State or Federal Elections where circumstances warrant. If the present government was re-elected after such an election the members of the Governing Council are required to resign.
- May call a Federal Election (including the President) where circumstances warrant. If the present government was re-elected after such an election the members of the Governing Council are required to resign.
- May call a Presidential Election where circumstances warrant. If the present President was re -elected after such an election the members of the Governing Council are required to resign.
The President
The President replaces the Prime Minister in the current system.
The President:
- Is elected by all eligible Australian voters from a field of candidates.
- Is the Head of State.
- May veto any legislation before the Parliament.
- May assume a seat and vote on any matter in either house of Federal Parliament as they see fit.
The Parliament
The Parliament retains the existing role and powers that it has now, except where this contradicts specific changes noted on this page.
Additionally The Parliament may:
- Vote to conduct a Presidential Election.
- Vote to require the Federal Governing Council to be re-elected.
Responsibilities of the Federal Government
- Foreign Affairs.
- Defence - including intelligence.
- Customs & Coast Guard.
- Taxation - Ensuring an integrated national economy.
- Environmental Protection.
- Human Rights.
- Spending Allocation - including distribution of funds to the States and Shires. (So Australians could elect a Federal Government with a mandate to slash State and Shire funding - if they wanted.)
- Transport - paving the way for a seamless national rail system, Australian drivers licences and vehicle registration.
- Corporate law - Ensuring an integrated national economy.
The Federal Government may not legislate, regulate or fund matters outside of the above ambit.
Responsibilities of the State Government
- Health - Medicare and the PBS would be managed Australia wide by State Government appointed panels.
- Veterans Affairs.
- Aged Care.
- Housing.
- Education - Including Tertiary Education.
- Criminal Justice System.
- Existing State Police Forces.
- Environmental Protection.
- Human Rights.
The State Government may not legislate, regulate or fund matters outside of the above ambit.
Responsibilities of the Shire Councils
- Planning and Building Approval - except State or Federal land.
- Environmental Protection.
The Shire Council may not legislate, regulate or fund matters outside of the above ambit.
This would mean that the Shire Council would have real power over planning and decisions made by the council could not be overridden by (for example) the Victorian Civil & Administrative Appeals Tribunal (VCAT). Elected councillors would not be prevented on voting on issues that they have made a submission on at some stage (as is soon to be the case in Victoria). State or Federal governments could still override the Shire by purchasing the land in question.
(Use of the term 'city' to describe suburban local governments to be discontinued)
The Environment & Human Rights
There is overlap in this area between all levels of government. The relevant legislation providing the highest level of protection is taken to be applicable.
Section 44 Abolition
Section 44 of the constitution includes two clauses that make it more difficult for migrants and public servant to stand for parliament. As part of any constitutional reform clauses (i) and (iv) should be removed.
Bill of Rights
We support develpment of a bill of rights. The following list is taken from the GetUp page on this issue:
- Freedom of expression;
- Freedom from interference with privacy;
- Freedom from discrimination;
- Right to equality before the law;
- Right to education;
- Right to adequate living standards;
- Freedom of association;
- Right to just and favorable conditions of work;
- Freedom of thought, belief and religion;
- Protection from torture and cruel, inhuman or degrading treatment or punishment; and
- Rights of children to be protected from maltreatment, neglect, abuse or degradation.
To this we would add a 'Freedom of Dress' to ensure current freedoms are not eroded by attempts to ban head scarf's or otherwise unnecessarily regulate how people dress.
Binding Citizens Initiated Referenda (BCIR)
We support the BCIR concept with the following limitations:
- The AEC could prevent proposals that disadvantage a particular race, gender, religion or sexual orientation. Appeals could be heard through the Federal and High courts;
- Proponents of a referendum would need to gather a certain number of signatures of Australian citizens on the electoral role;
- A deposit would need to be paid by the proposers with a higher deposit required if the ballot did not coincide with an election.
Proposals would need to be accompanied by 1 page of comment from:
- The proposers;
- Treasury re budget impact and % tax rise or spending cut needed (if any);
- Each party in federal parliament.
Voting could be done by postal ballot to avoid excessive cost and may be combined with Federal elections.
The Flag
Australia's existing flag should be retained.
ARM
Australian Republican Movement Home Page.