The Blue Ensign was elevated to the position of the Australian National Flag by Robert Menzies through the Flags Act of 1953. Since it gazumping the Union Jack as the primary flag of Australia, it has had a pretty spotted history, and hasn't risen to the heights that the people of other nation's feel for the flag. The US being a good example. Often Australian's choose alternate flags to represent themselves, flags such as Boxing Matilda and the Aboriginal Flag - both undeniably Australian in their imagery.

But rather than this being a weakness, this is a strength. It may very well be that a nation-state or government deciding what is suitable as the national flag is from a time past. The world knows and understands Australian imagery, they are inundated with it. Australians also live and work in all parts of the world, spreading their culture. Our 19thC flag is not representing our diversity and reach.

Section 5 in the Flags Act of 1953 has been used in the past to elevate flags to the title of an Australian Flag. This is done through the authority of the Governor-General. Through Section 5, national symbolism can be deregulated, and popular flags elevated to the role of an Australian Flag.

The coming Australian Commonwealth will need a Flag

There were a couple of competitions held in Australian in 1901 to determine a new Australian federal flag, one by the Evening Standard had a winner whose flag contained the Union Jack above red and white stripes, with the fly containing the southern cross. The government soon after ran a competition which was announced in the Commonwealth of Australia Gazette.

The Government of the Commonwealth of Australia invite competitive designs for a Federal Flag, such designs to be forwarded by post or otherwise not later than the 31st May, 1901.

The designs will be judged by a Board to be appointed by the Federal Government for the purpose, and a sum of 75 pounds will be paid to the designer of that selected as the best.

Each competitor will be required to forward two coloured sketches-- one for the merchant service, and one for naval or official use--not less than 6 inches by 3 inches in size.

The British conventions in defaced Ensign usage was that a defaced blue ensign was for government use only. A defaced red ensign was for the use of the Merchant Navy, and a defaced white ensign for the Navy.

Through the history of the Australian ensigns until the 1953 Flag Act, this is how the flags were used. The official national flag was the Union Jack. The flag of federal government was the blue ensign. It was only supposed to be flown off of federal buildings, individuals were not supposed to fly the blue ensign on land. The blue ensign was reserved for government use.

Even in the earliest days after federation, the usage of the red ensign was more common than the blue ensign. In many of the ortho-chromatic pictures of World War I, the red ensign is visible due to the fading qualities of the film. Warm colours, such as reds and yellows, fade to black. The cool colours, such as blue fade to almost white. It is a fact that Australians defaced the red ensign for their own purposes, in choice over the blue ensign - and why wouldn't they? The blue ensign was the government flag.

Both Menzies and Curtin encouraged Australians to fly the blue ensign on land, and give up their fondness for the red ensign. Menzies issued the press statement;

The Official view is that there should be no unnecessary restriction placed on the flying of the Blue Ensign on shore. Its use on public buildings, by schools, and by the public generally would not only be permitted but appreciated, provided it is flown in a manner appropriate to the use of a national emblem. Australian merchant vessels will, of course, continue to fly the Commonwealth Red Ensign.

It was not until the Flags Act of 1953 that the blue ensign became the Australian National Flag, and to be flown in primacy to all others in Australia. It has been suggested that Menzies sought to remove the red ensign as a popular symbol, due to its colour being equated with communism. It is not uncommon today to hear the red ensign called the "communist flag". Despite the fear of "red", Canada maintained a defaced red ensign as its national flag until replacing it with the current maple leaf flag.

The Ho-hum Australian Flag

Many Australians find the current national flag disagreeable, and unrepresentative of modern Australia. I love the southern cross. Peter Lalor entwined those stars with Australian liberty at Eureka. But the Union Jack? I am not British, so I have zero empathy with it. In my opinion, the Union Jack has to go.

Several Australians banded together to advocate for a change in the national flag. Harold Scruby heads Ausflag . After the Howard Government was elected, Scruby sent a letter to the Prime Minister ;

Ausflag respectfully proposes the following points for your consideration:

1. It is our view that a "referendum" is inappropriate as this is not a Constitutional issue. The flag was not included by our forefathers in the Constitution and should not be confused with the referendum required for Australia to become a republic. This is supported in writing by the Australian Democrats (see attached letter from Senator Kernot). In spite of the several changes to the flags which have flown over Australia since 1788, no referendums have ever been required for the adoption of the new flags.

2. That instead of a referendum, you consider holding a plebiscite based on the "National Anthem" precedent set by the Australian Government in 1977 under Prime Minister Malcolm Fraser. The people of Australia were given the choice of several options, including the then National Anthem, God Save the Queen. Ausflag has always campaigned for a "plebiscite" on the Australian Flag. It has been a part of our Petition for many years (see attached copy). To date, the people of Australia have never been given the right to choose the Australian Flag.

The reply to Harold Scruby came via David Jull ;

The Coalition Government is strongly committed to the Australian National Flag. It was this commitment which, during the election, led us to promise to amend the Flags Act 1953 to guarantee that all Australians would be consulted before any changes to the Australian National Flag were made. Clearly the present legislative arrangement whereby the national flag can be changed by an Act of Parliament, without the views of the Australian people being taken into account, is unacceptable.

Yet to Judd and the Howard Government, effectively entrenching the Flag Act without taking it to the people is perfectly acceptable. Given the difficulty in Australia of seeking any majority in a plebiscite or referendum, and the natural distrust for Canberra politicians, has made it near impossible for any majority to be achieved.

One of the amended components of the Flags Act includes ;

(1)The blue flag described in Schedule 1, being the flag a reproduction of which is set out in Part I of Schedule 2, is declared to be the Australian National Flag.

(2) The blue flag referred to in subsection (1) ceases to be the Australian National Flag if, and only if:

(a) a new flag or flags, and the flag referred to in subsection (1), are submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives; and
(b) the new flag, or one of the new flags, is chosen by a majority of all the electors voting.

(3) The form and manner in which a proposal for a new Australian National Flag is submitted to electors, and the manner in which a vote on the proposal is taken (which may include the adoption of a form of preferential voting for choosing among 3 or more flags), and arrangements for adopting a new flag as the Australian National Flag if chosen as mentioned in subsection (2), are to be as the Parliament prescribes.

So a flag of dubious popularity in 1953 is promoted through Parliamentary action, and then later entrenched at the behest of parliament, even though polls indicated that there was popular dissatisfaction with the current national flag.

The Political Football Flag

The Howard Government has bundled into the education funding guidelines that must be followed if a school procures a flagpole. I cannot find the guidelines on the Department of Education, Science and Training; but an article by Andrew Bartlett contains some of the guidelines ;

should place a plaque on the flagpole stating the pole is a gift from the Australian Government;
should put an article, and photo if possible, in the school newsletter promoting the purchase of the flagpole and noting the Federal Government's assistance;
should contact the office of the Parliamentary Secretary to the Minister for Education, Science and Training to arrange attendance by an Australian Government representative at an opening ceremony;
must fly the Australian flag on the pole (or in the centre pole if it is a yardarm style pole for 3 flags).

As Andrew Bartlett notes, the school is not asked to contact their local MP, but instead a Liberal or National member of government. This restriction on the use of the Australian Flag for the glory of the Howard Government has been raised to a head recently when a Western Australian opposition member, Graham Edwards, was told by a local school that he could attend the flag ceremony, but not take part in it. Edwards lost both legs in Vietnam .

It should be noted that Vietnam was the first conflict fought under the Blue Ensign as the Australian National Flag. Brendan Nelson was unapologetic, being quoted as saying ;

Where the Government has made a significant investment of hard earned taxpayers money in a program it makes no apology whatsoever for requiring that a Government representative will officiate at that opening

Somehow "hard-earned taxpayer money" has been equated with the glory of the government of the day. That is hubris Australia could do without.

Deregulating National Symbolism

A little over a decade ago, Kathy Freeman celebrated her win at the 1994 Commonwealth Games by flying the Aboriginal Flag . The Aboriginal Flag is the first of the modern Australian flags, being devoid of any European heraldry, and in particular the Union Jack. Though her actions caused some controversy at the time, the Aboriginal and Torres Strait Islander flags have since been elevated as "Australian Flags" under Section 5 of the Flags Act .

Section 5 gives room for wider acceptance, pluralism and diversity of what it means to be represented by an Australian flag. It is no mistake that Boxing Matilda is used so heavily and often, it is a wonderful symbol of Australian fighting spirit. In our suburbs that is dominated by American flags flying from every house, our flying of Boxing Matilda is often the talk of the street. It is a strong symbol.

The blue ensign is a weak, confusing and divisive symbol. I would not deny the right of those who feel their Australian-ness expressed by it, that is their choice. But I do want something different, a flag and symbol which represents me as an Australian, and can do doubly duty, both officially, and off the flagpole in the front of my house. What I am saying is - give me a choice, and others like me. Don't close us off, or coerce us to follow you vision of what the Australian flag is.

Section 5 of the Flags Act would give official voice to the more popular, and palatable of the Australian flags. The Flags Act of 1953 should be amended so that the Australian National Flag does not have to have primacy over the other flags of Australia, that is left to the choice of the individual or institution flying the flag. Section 5 should also become more inclusive and flags of suitable popularity, maybe by citizen referenda, be elevated to the title of "Australian Flags".

It would be wonderful to see a sea of Australian flags at a sporting event, or major function - as diverse in their colours and symbols as Australians are.

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More Reading on Flags act of 1953

• Flags Act of 1953
• Harold Scruby
• David Jull
• Andrew Bartlett
• Brendan Nielson
• Deregulating National Symbolism