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Breaking Pattern of Citizen Inane

By George Williams
BEc LLB (Hons) Macq, LLM UNSW, PhD ANU
Anthony Mason Professor
Foundation Director, Gilbert & Tobin Centre of Public Law
University of NSW Sydney NSW

Federal governments have invested millions of dollars in new teaching, classroom materials and testing in civics and citizenship education. The problem is not a lack of opportunity to learn, but that the efforts of more than a decade are failing to produce the expected results.

A 1994 inquiry found that Australians of all ages did not have basic knowledge about the system of government and our rights and responsibilities as citizens.

Knowledge of civics and citizenship is tested nationally every three years. The results of the October 2007 round have just been released. The outcome was poor. Only 54 per cent of year 6 students were proficient for their age, and only 41 per cent of year 10 students achieved the same. One in five year 10 students even failed to meet the year 6 standard.

This was much the same as the 2004 results. The absence of a large improvement has confounded many who expected better results due to civics and citizenship being given a more prominent place in the classroom and becoming a greater focus in the school curriculum. Clearly, something is not working.

The problem is especially apparent when it comes to knowledge about the structure of democracy. Asked "What is the Australian constitution?", only 34 per cent of year 10 students could pick the correct answer (out of four options): "the framework for the ways Australia is governed".

Despite their classroom activities, too many school leavers still lack a sufficient understanding of their system of government and their role as a citizen. Most become voters without an appreciation of how our democracy works, or how they can best play their role.

This has a large effect on how we are governed. Popular understanding of how the system works is essential to accountability and good governance. Without it, the community is more vulnerable to bad decision making and poor leadership. It can be too easy for politicians to spin the facts to avoid problems or to shift blame when citizens do not have the knowledge to hold them in check.

This also affects whether there is support for fixing things such as our dysfunctional federal system, which has an effect on areas from hospitals to the water supply. Ignorance can produce a false "if it ain't broke, don't fix it" conservatism that undermines much-needed reform.

Unfortunately the below-par results of schoolchildren are still superior to those of the general community. A 1987 survey found that almost half the population did not realise Australia has a written constitution. Little has changed. A 2006 Amnesty International poll found that 61 per cent believe we have a national bill of rights.

This reflects false assumptions drawn from popular culture such as American TV cop shows. If the US has a bill of rights, it seems that we must as well. I have had people tell me about the rights in their fictitious Australian bill of rights, such as "taking the fifth", a reference to the Fifth Amendment in the US Constitution, which states that no one "shall be compelled in any criminal case to be a witness against himself".

Formal school education is part of the solution. However, the evidence shows that this is ineffective by itself. Classroom teaching is not enough to instil foundational knowledge and values. If the Government is serious about Australians knowing more about how they are governed and being good citizens, it needs to take a broader approach. Even the best teaching must be reinforced outside the classroom.

Most importantly, the Government should recognise the futility of educating people about being an active citizen when there are too few opportunities for them to become one. We need to make changes so that how we are governed reflects the values we are seeking to promote. We need more democratic engagement as part of a system based upon popular ownership, rather than a disconnected community.

This needs a new mindset that puts the people at the centre of the system. While I do not support citizens-initiated referendums, the public should be given more of a say on the decisions that affect them, especially when they relate to our democracy.

This requires effort and imagination. For example, if we are to have a new preamble, or opening words, to the constitution, it should not be drafted by politicians as it was for the 1999 referendum, but by open competition. Like the 1901 contest that designed the Australian flag, this could inspire great interest, especially in our schools.

If the goals are active citizens and good government, we not only need popular knowledge, we also need more opportunities for Australians to take part in how they are governed.

George Williams is the Anthony Mason professor of law at the University of NSW.
Published 10 March 2009 SMH Reprinted with permission.

George Williams has
has worked at the Australian National University, Blake Dawson Waldron and as Associate to Justice McHugh of the High Court
has held visiting positions at Osgoode Hall Law School in Toronto, Columbia University Law School in New York and University College London.
has written and edited 22 books, including
* A Charter of Rights for Australia, Australian Constitutional Law and Theory and
* The Oxford Companion to the High Court of Australia.
practises as a barrister and has appeared in the High Court of Australia in cases such as
* Lange v Australian Broadcasting Corporation (on freedom of speech)
* the Hindmarsh Island Bridge Case (on freedom from racial discrimination) and
* Plaintiff S157/2002 v Commonwealth (on review of government action and the rule of law) and
* in the Supreme Court and Court of Appeal of Fiji, including in Republic of Fiji v Prasad (on the legality of the 2000 coup).
in 2007, chaired a NSW Government inquiry into Options for a New National Industrial Relations System, and was also a member of the High Level Advisory Group on Federal-State Relations to Kevin Rudd and Bob McMullan.
in 2005, chaired the Victorian Human Rights Consultation Committee that lead to the enactment of the Victorian Charter of Human Rights and Responsibilities.
in 2008, was a delegate in the governance stream at the 2020 Summit.
is a media commentator on legal issues and has written for all of Australia’s major newspapers.
has been a columnist for The Australian and the Canberra Times, an on-air analyst for ABC Television and has had regular radio spots on 702 ABC Sydney and 666 ABC Canberra.
currently appears on 666 ABC Canberra, reviews science fiction and fantasy books for the Weekend Australian and writes a fortnightly column for the Sydney Morning Herald.
More information about George Williams:
http://www.law.unsw.edu.au/staff/WilliamsG/