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The Guardian - AU
The Guardian - AU
National
Paul Karp Chief political correspondent

Labor faces push to triple number of NT and ACT senators and give territorians a bigger say in referendums

Australian prime minister Anthony Albanese speaks after a national cabinet meeting with state and territory leaders in April 2023
Prime minister Anthony Albanese with state and territory leaders. Labor’s national conference will debate if the NT and ACT should have more senators. Photograph: Darren England/AAP

The Albanese government will be pushed at Labor’s national conference to triple the number of territory senators and increase the power of territorians’ votes in referendums.

Under the proposals the Northern Territory and Australian Capital Territory would be represented by six senators each, half the number of senators from each of the states, and territories would count for the double majority in referendums.

The motions to be put to Labor’s national conference in August are proposed by the construction union national secretary, Zach Smith, and seconded by the NT attorney general, Chansey Paech.

If passed, the boost to territories’ Senate representation, up from two senators from each of the NT and ACT, would be binding on Labor and could be enacted in law before the next election.

Expanding territory representation in the Senate is supported by the ACT chief minister, Andrew Barr, who has suggested four senators for each territory. It could help the ACT senator David Pocock boost independent representation in the Senate. Pocock has advocated for four or six senators for the territories.

The construction union has also proposed a requirement for Labor to “protect the autonomy and self-governance” of the territories, and a move to boost territories’ influence by calling to replace the second limb of the double majority required to win a referendum.

“Labor will seek to amend the constitutional referendum process to recognise the votes of residents of the Australian Capital Territory and Northern Territory on an equal basis with other Australians,” the proposed amendment reads.

The amendment indicates that instead of requiring the majority of states to approve a referendum in addition to a majority of voters nationwide, the constitution should be changed to require a majority of states or territories.

Smith told Guardian Australia “it’s a basic principle of democracy that all votes should be equal”. “Unfortunately for people in the NT and ACT that simply isn’t the case when it comes to referenda.

“We’re about to have one of the most significant votes affecting First Nations people in Australian history.

“So this is the perfect time to have a serious discussion about whether we’ve got the fairest possible system to change our constitution.

“The NT has by far the biggest Indigenous population by proportion, yet those voters don’t carry the same weight as people in states because of the double majority requirement.”

Paech said territorians were treated as “second-class citizens” whose votes “count for less in referendums … because of this anomaly”.

In July 2022 Guardian Australia revealed the Albanese government was considering expanding parliament to tackle the issue of malapportionment, whereby some votes in the House of Representatives and Senate count for more than others due to the voter’s state or territory of residence.

While it is unclear whether there is any significant opposition within Labor to expanding territory representation, election experts regard it as controversial because it could result in overrepresentation of the territories relative to more populous states such as New South Wales, Victoria and Queensland.

Paech said the push for six senators would improve “fairness for remote and regional territorians” including remote Indigenous communities and the pastoral sector.

“This is not about politics,” he said. “Extra seats doesn’t automatically mean more for the Liberals or Labor, it could open it up for other parties. It’s above politics, it’s about ensuring greater representation.”

Smith said the ACT’s population was “quickly gaining ground on Tasmania, which is represented by 12 senators”.

In June the special minister of state, Don Farrell, told Guardian Australia there was a “discussion to be had” about increasing the number of mainland MPs and territory senators.

He noted that Australia’s population had increased by 10 million since parliament was last expanded in 1984 but noted the community “is not all that welcoming to increasing the number of politicians”.

Farrell reportedly told the NT’s Facing North event in Canberra this week that the government would consider giving territories more senators before the next election.

The question of expanding parliament is now being considered by the joint standing committee on electoral matters, as part of its inquiry into the 2022 election.

Labor will also face calls at its national conference to create a National Multicultural Labor Network to improve diversity and inclusion in the party.

A resolution presented by a cross-factional multicultural Labor caucus will ask the party “to outline specific actions that would improve culturally and linguistically diverse representation and equity within Labor that matches similar work by state branches” including a 10-year diversity strategy.

Osmond Chiu, a coordinator of the cross-factional multicultural caucus and research fellow at Per Capita, said: “We know that more diversity leads to better outcomes for everyone.

“Building on the most diverse parliament ever, these practical actions will help Labor activate culturally diverse members and improve its engagement with multicultural communities.”

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