4 November 2026
Tasmanian needs a new constitution. A healthy democracy depends on equal access to information and an accessible constitution. Tasmania does not have those things. It is more important than ever for parliaments, governments and bureaucracies to do what they can to strengthen democracy.
Western democracies are being challenged; trust in government is low and there is a widespread belief that rather than work for everyone, government only benefits big interests[i]. Australia is not immune. The 2026 McKinnon Index found trust in Federal politicians fell from 35.9% to 30.5% in a year. Trust in State and Territory politicians dropped by 6% to 32.7%[ii].
But there is hope. Research also shows Australians want to improve our democracy. The Trust and Satisfaction in Australian Democracy: 2023 National Survey confirmed “there is a resilient desire to strengthen our democracy – four in five Australians believe it is worth trying to fix the problems our democracy may have”.[iii]
Why it’s needed
An easily accessible single document, written in plain English, will contribute to engendering public involvement and helping to make people feel they are part of the system of government, not separate to it. Tasmania’s constitution is in 17 different statutes – two of which were written in 1850 and 1865. Their 19th century legalese, plus that of other statutes written in the 20th century, are inaccessible to most people.
The Constitution has not been comprehensively reviewed until now. The Tasmania Law Reform Institute has done the work, and last week published its Review of the Tasmanian Constitution. If implemented, TLRI’s recommendations would create a more accessible constitution that would incorporate important new content in one document.
A constitution is a book of rules that governs the powers and functions of the
institutions of government. And there are unwritten rules – conventions. The Constitution Act 1934 (Tas) is the main part of Tasmania’s rule book. It consolidated the original Constitution Act 1855 (Tas). Between 1855 and 1934, the Act was subject to more than 70 individual amending Acts. These amendments did not address whether the Constitution was still fit for purpose.
All talk, no action
Although there has not been a comprehensive review of the Constitution, three inquiries have touched upon it:
- The Report of the Royal Commission into the Constitution Act 1934 Tasmania (1982) (the so-called Beaumont Report)
- The Report of the Advisory Committee on the Proposed Reduction in the Number of Members Elected to Both Houses of the Tasmanian Parliament (1984) (the Ogilvie Report)
- The Board of Inquiry into the Size and Constitution of the Tasmanian Parliament (1994) (the Board of Inquiry Report).
None of these reports took a holistic review of the Constitution Act 1934 (Tas) and none of the key recommendations were implemented.
What’s missing and why it’s important
The Governor is the monarch’s representative in Tasmania and the Head of State. The role is far more than ceremonial. The officeholder plays a pivotal part in determining governments when an election produces a deadlock. There is no explicit mention of the Governor in the Constitution Act 1934, but the role is mentioned in other Acts that comprise the constitution. The role, duties and powers of the office should be in one document that is the Constitution.
The judicial branch of government is not mentioned in the 1934 act except to prohibit judges of the Supreme Court being members of either House of Parliament. Reference to the judiciary is made in seven other pieces of legislation that include the 1823 Charter of Justice and the 1831 Charter of Justice.
The roles of the Premier and Cabinet are not described in the Constitution. The appointment, dismissal and functions of a “Secretary to Cabinet” are mentioned. And there are references to the appointment and tenure of ministers, a limit on the number of ministers, and rules about one minister acting on behalf of another. But there is no reference to ministers’ important constitutional role of acting together in Cabinet.
The TLRI says these omissions could undermine people’s understanding of governance and, potentially, confidence in the whole system.
What’s next
The need for a new constitution is clear but the formability and complexity of it should not be a barrier for change. There is the opportunity to create a fit-for-purpose constitution for Tasmania for the 21st century. The first step could be a constitutional convention comprising eminent constitutional and legal experts, community group representatives and politicians from the three tiers of government.
[i] Tasmanian Law Reform Institute, Review of the Tasmanian Constitution, Research Paper 11, September 2026, p17. https://tinyurl.com/279dm7zm
[ii] The McKinnon Index 2026. https://mckinnon.co/index
[iii] Tasmanian Law Reform Institute, Review of the Tasmanian Constitution, Research Paper 11, September 2026, p17. https://tinyurl.com/279dm7zm
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