The referendum will propose to voters a simple change to the Australian Constitution, to provide an Aboriginal and Torres Strait Islander Voice to Parliament, guaranteeing the perspectives of Aboriginal and Torres Strait Islander peoples will be considered regardless of which party holds government. If the referendum is successful, the Parliament will decide the details of the Voice to Parliament.
The Voice to Parliament will be independent from the Parliament and won’t have the power to block or veto decisions made by Parliament or government. As an advisory body, it also won’t have a program delivery function.
Aboriginal and Torres Strait Islander peoples want simple, practical constitutional recognition of 65,000 years of continuous cultural connection to the land via a permanent line of communication to the Australian Parliament – a Voice to Parliament – in order to speak directly to the government of the day about laws and policies that affect their lives and communities. See the Uluru Statement from the Heart.
In order that such an advisory body can’t be abolished, it needs to be enshrined in the Constitution. Holding the referendum is part of the Federal Government’s commitment to implementing the Uluru Statement in full.
A successful Yes campaign will open our nation’s next chapter in supporting Aboriginal and Torres Strait Islander peoples. A Voice to Parliament will:
- provide a fair go for Aboriginal and Torres Strait Islander peoples
- result in better informed politicians and therefore better policies that will improve the quality of life of Aboriginal and Torres Strait Islander peoples in areas such as jobs, housing, health and literacy
- bring our nation together.
The Constitution gives the Parliament power to make laws specifically about any group on the basis of race; it has only been used to make laws about Aboriginal and Torres Strait Islander peoples.
It is fair and reasonable that Aboriginal and Torres Strait Islander peoples have a say over those laws. A Voice to Parliament will provide an opportunity for Aboriginal and Torres Strait Islander peoples to be heard, having their say when the Parliament makes laws about them, while still respecting the authority of the Parliament.
Far too many Aboriginal and Torres Strait Islander peoples continue to experience lower quality of life outcomes compared with non-Indigenous Australians.
The current state of affairs isn’t working for Aboriginal and Torres Strait Islander peoples and they need a stronger voice to make things better. When governments and politicians have made decisions on behalf of Aboriginal and Torres Strait Islander peoples they have not provided lasting solutions.
A Voice to Parliament will ensure that Aboriginal and Torres Strait Islander peoples are able to advise politicians about what really works in their communities, so policies and laws deliver practical results on the ground and better value for taxpayer investment.
The advisory body will provide momentum for positive change to the lives of Aboriginal and Torres Strait Islander peoples in areas such as healthcare, employment, justice and housing.
If the required majorities write “yes” on their ballot papers, it will be a powerful, unifying moment in Australian history, and be a big step towards reconciliation. We will create the political will for better partnerships with First Nations communities.
Once the Constitution is changed, detailed consultation will determine how the Voice to Parliament will work, to make sure the model effectively shapes government policy and secures better outcomes for all Australians. It would be pointless to undertake this long deliberation process until the Australian people agree to change the Constitution.
The referendum is expected to be held between October and December 2023.
The Albanese Government’s bill suggested that the question be: “Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?” This is subject to change. At the time of going to print, the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum was due to report on 15 May on the provisions of the bill, introduced by the Government, to be submitted to a referendum on the Aboriginal and Torres Strait Islander Voice.
The Albanese Government’s bill (23 March), subject to change, suggested a new chapter would be written into the Constitution reading:
“Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples
129 Aboriginal and Torres Strait Islander Voice
In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:
- There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;
- The Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;
- The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.”
For a referendum to be successful and the alteration to the Constitution to be passed, a double majority vote must be achieved, which is:
- a majority of voters in a majority of states (at least four of the six states)
- a national majority of voters (an overall yes vote of more than a 50 per cent).
If the double majority is achieved and the proposed alteration to the Constitution is approved, “it shall be presented to the Governor-General for the King’s assent” (Section 128).
Source: National Archives of Australia
- Write “yes” on your referendum ballot paper
- Advocate for “yes” in your community
This article is based on information from:
- Australians for Indigenous Constitutional Recognition
- Voice from the Heart Alliance
- Unions for Yes campaign