What is the Voice to Parliament?
<p>The Voice, a group of Aboriginal and Torres Strait Islander representatives, will provide advice to the Government on matters affecting Indigenous Australians. The Voice will be chosen by Aboriginal and Torres Strait Islander people.</p>
<p> </p>
What is the proposed referendum question on the Voice?
<p>The referendum question will be:</p>
<p><em>“a Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Voice”. </em></p>
<p><em>Do you approve this proposed alteration?</em></p>
<p> </p>
What is a referendum?
<p>A referendum is a system required by section 128 of the <em>Australian Constitution </em>to change any part of the Australian Constitution. This means that any proposed amendment to the Constitution, be it the introduction, removal or alteration of any word or phrase (or even punctuation!), requires a referendum.</p>
<p>The proposed change must be presented to all Australian citizens prior to the referendum, and the referendum then requires a single yes/no answer to the proposed change.</p>
<p>Referendums are different from plebiscites: non-binding direct votes to decide a question of public importance.</p>
<p> </p>
Is voting in the referendum compulsory?
<p>Yes, referendums are compulsory, just like every federal election.</p>
<p> </p>
How many referendums have there been?
<p>There have only been 44 referendums in Australia since Federation (that is, since 1901). Only 8 of those were ever successful. The last referendum held in Australia was in 1999.</p>
<p> </p>
How does a referendum work?
<p>Section 128 of the <em>Australian Constitution </em>states that a referendum requires the following:</p>
<ol>
<li>First, a Bill with the proposed change must be passed by both Federal Houses of Parliament (the House of Representatives and the Senate) in identical form</li>
<li>Then, a referendum must be submitted to all electors qualified to vote no less than two months and no more than six months after the passage of the Bill</li>
<li>To succeed, the referendum requires <em>both </em>a majority of votes overall in Australia <em>and </em>a majority of votes in a majority of the States (that is, a majority of votes in at least four States)</li>
</ol>
<p>Referendums are binding, and the Federal Parliament <em>must </em>act in accordance with the choice of the voters.</p>
<p> </p>
What is the Voice to Parliament referendum?
<p>The Federal Parliament passed the Constitution Alteration Bill on Monday 19 June 2023.</p>
<p>The Bill proposes the alteration of the Australian Constitution by including a new section, section 129 (contained in a new, stand-alone Chapter, Chapter 9).</p>
<p>The proposed section 129 reads as follows:</p>
<p><strong><em>129 Ab</em></strong><strong><em>original and Torres Strait Islander Voice</em></strong></p>
<p>In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:</p>
<ol>
<li><em>there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;</em></li>
<li><em>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;</em></li>
<li><em>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.</em></li>
</ol>
<p>Australian citizens are invited to answer yes or no to whether they would like this change to the Constitution to occur. </p>
<p> </p>
Why is there a proposed Voice to Parliament?
<p>The Australian Constitution is currently silent on Aboriginal and Torres Strait Islander peoples. At the State level, four of the states have legislated to expressly recognise Aboriginal people in their Constitutions: s 2 of the <em>Constitution Act 1902 </em>(NSW); preamble to the <em>Constitution of Queensland 2001 </em>(Qld); s 2 of the <em>Constitution Act 1934</em> (SA); and s 1A of the <em>Constitution Act 1975 </em>(Vic).</p>
<p>Demands to include Aboriginal and Torres Strait Islander peoples in the Federal Constitution started in the 1920s, with Australian Aboriginal Progressive Association (AAPA). AAPA was formed in Sydney in 1924, led Fred Maynard. The association called for:</p>
<ul>
<li>a national land rights agenda</li>
<li>protecting Aboriginal children from being taken from their families</li>
<li>a call for genuine Aboriginal self-determination</li>
<li>citizenship</li>
<li>defending a distinct Aboriginal cultural identity</li>
<li>and the insistence Aboriginal people be placed in charge of Aboriginal affairs.</li>
</ul>
<p>At the second conference held in Kempsey, New South Wales, in 1925, the press coverage of the conference noted that <em>"pleas were entered for direct representation in parliament."</em><br />Two years later in 1927, the Association produced a manifesto, in which one of the significant points was for an Aboriginal board to be established under the Commonwealth government, and for state control over Aboriginal lives be abolished. It envisioned:</p>
<p><em>The control of Aboriginal affairs, apart from common law rights shall be vested in a board of management comprised of capable educated Aboriginals under a chairman to be appointed by the government.</em></p>
<p>AAPA was forcibly disbanded not long thereafter, and the call was not picked up any further.</p>
<p>In 1933, Yorta Yorta man William Cooper petitioned King George V, demanding for</p>
<p><em>a member of parliament, of our own blood or white men known to have studied our needs and to be in sympathy with our race, to represent us in the Federal Parliament.</em></p>
<p>70 years later, the proposed preamble that went along the republican proposal in 1999 included the phrase ‘honouring Aborigines and Torres Strait Islanders, the nation’s first people, for their deep kinship with their lands and for their ancient and continuing cultures which enrich the life of our country.’</p>
<p>In 2007, then Prime Minister John Howard announced that his government was committed to holding a referendum on constitutional recognition of Aboriginal and Torres Strait Islander peoples (a successful referendum would have seen a “Statement of Reconciliation” incorporated into the Constitution).</p>
<p>In 2010, the Gillard Government appointed an Expert Panel on Constitutional Recognition of Indigenous Australians to report on ways of achieving recognition. The panel provided a set of recommendations, but the matter did not advance any further. The panel recommended:</p>
<ul>
<li>The abolition of ss 25 and 51(xxvi)</li>
<li>The inclusion of a proposed new ss 51A (giving the power to the Commonwealth Parliament to make laws with respect to ATSI peoples),</li>
<li>The inclusion of a proposed s116A (prohibition of racial discrimination, unless for the purpose of overcoming disadvantage or protecting culture</li>
<li>The inclusion of a proposed s127A in recognition of original languages</li>
</ul>
<p>The matter then stagnated.</p>
<p>In 2013 Parliament passed the <em>Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 </em>(Cth), which recognized the first occupation of Australia by the Aboriginal and Torres Strait Islander peoples (s 3(1)), their continuing relationship with traditional lands and waters (s 2(2)) and their continuing cultures, language and heritage (s 2(3))</p>
<p>In 2015, the Turnbull Government appointed a Referendum Council to advise on the next steps towards a referendum to recognise Aboriginal and Torres Strait Islander peoples in the Australian Constitution. The Council organized 12 First Nations Regional Dialogues, culminating in a First Nations Convention held near Uluru in May 2017. During the discussion, many of the proposed amendments to the Constitution were abandoned, with the Convention instead releasing a document called the <em>Uluru Statement from the Heart</em>, which we will discuss more in depth shortly. Although he set the process in motion, Prime Minister Turnbull categorically rejected the recommendations of the Uluru Statement.</p>
<p>In 2017, the First Nations Convention released a document called the <em>Uluru Statement from the Heart</em>, which recommended two things:</p>
<ul>
<li>a First Nations Voice to Parliament, and</li>
<li>a Makarrata Commission to supervise a process of agreement-making and truth-telling (a <em>Makarrata </em>is a Yolngu word meaning ‘the coming together after a struggle’)</li>
</ul>
<p>Makarrata is <em>the coming together after a struggle. </em>The first meaning of the Yolngu word is that of peace after a dispute. According to Gumatj woman Merrikiyawuy Ganambarr-Stubbs, a</p>
<p><em>Makarrata literally means a spear penetrating, usually the thigh, of a person that has done wrong… so that they cannot hunt anymore, that they cannot walk properly, that they cannot run properly; to maim them, to settle them down, to calm them — that's Makarrata."</em></p>
<p>Another additional meaning is that of a negotiation of peace, or a negotiation and an agreement where both parties agree to one thing so that there is no further dispute and or no bad feeling.</p>
<p>In July 2017, the now disbanded Referendum Council delivered its report to the Prime Minister. In addition, the Council recommended a provision against adverse discrimination and the passage of a declaration of recognition by all Australian Parliaments. However, in response, the Turnbull government rejected the recommendation for constitutional inclusion of an indigenous Voice on the basis that this would constitute a third chamber, a claim refuted by the members of the Council.</p>
<p>In 2021, the Morrison government’s co-design process in relation to the design of a Voice delivered a report on the design of a non-constitutional Voice.</p>
<p>Immediately after winning the election in 2022, the Albanese Government committed to organise a constitutional referendum to enshrine a Voice to Parliament in the Constitution.</p>
<p> </p>
Would a Voice to Parliament constitute another chamber of Parliament?
<p>No, the Voice to Parliament would not constitute another chamber of Parliament and would have no law-making power.</p>
<p> </p>
Would a Voice to Parliament have the power to veto or influence the decisions of Parliament?
<p>No, the Voice to Parliament would have no power of veto, nor the power to influence any decision by the Federal Parliament.</p>
<p>Parliament remains the <em>only </em>decision-making power according to the Australian Constitution.</p>
<p>A Voice to Parliament would only be able to provide advice to Parliament.</p>
<p> </p>
Would Parliament have to follow the advice of a Voice to Parliament?
<p>No, Parliament maintains what Constitutional lawyers call <em>Parliamentary sovereignty</em>. In other words, Parliament remains the <em>only </em>arm of government that has the power to make laws, and that power would remain unchanged and complete.</p>
<p> </p>
Will there be endless High Court challenges as a result of a Voice to Parliament?
<p>No, the representations made by a Voice to Parliament would not be binding and would not create substantive rights that can be invoked in a court. Constitutional lawyers, a special Constitutional Expert Group appointed by the Albanese Government and the Federal Solicitor-General have all confirmed that a Voice to Parliament would <em>not</em> lead to endless High Court challenges.</p>
<p> </p>
Does a Voice to Parliament give Aboriginal and Torres Strait Islander peoples special rights?
<p>No, the introduction of a Voice to Parliament would not give Aboriginal and Torres Strait Islander peoples special rights not ordinarily available to others.</p>
<p> </p>
Does a Voice to Parliament take away the rights of non-Aboriginal and Torres Strait Islander Australians?
<p>No, the rights of all Australian citizens remain unchanged.</p>
<p> </p>
Why have an Aboriginal and Torres Strait Islander Voice to Parliament?
<p>Firstly, Aboriginal and Torres Strait Islander peoples have lived on these lands since time immemorial.</p>
<p>Secondly, even though Aboriginal and Torres Strait Islander peoples have lived in Australia since time immemorial, the Australian Constitution is completely silent about them.</p>
<p>Thirdly, of all peoples now sharing the continent of Australia, Aboriginal and Torres Strait Islander peoples have been historically and routinely singled out for detrimental treatment under the Constitution. This has resulted in many additional hardships and disadvantages.</p>
<p>Fourthly, the introduction of a Voice to Parliament would help to close the current gap between Aboriginal and Torres Strait Islander peoples and the rest of Australia.</p>
<p> </p>
What is the gap between Aboriginal and Torres Strait Islander peoples and the rest of Australia?
<p>As recently as 2010-12, the average life expectancy of Aboriginal and Torres Strait Islander peoples was approximately ten years (10.6 years for men and 9.5 years for women) less than that of non-Indigenous Australians. Leading causes of death included heart disease, diabetes, respiratory disease and cancer. All those causes have been identified as the direct result of over two hundred years of colonial policies.</p>
<p>Just over half (52.2 per cent) of Aboriginal and Torres Strait Islander people aged between 15 and 64 years were unemployed in 2012-2013, compared with 24.4 per cent of non-Indigenous Australians.</p>
<p>20 per cent Aboriginal and Torres Strait Islander women experienced physical violence in the previous 12 months, compared to 7 per cent of non-Indigenous women. Over the same period, Aboriginal and Torres Strait Islander women (12 per cent) were three times more likely to experience sexual violence than non-Indigenous women (4 per cent).</p>
<p>In 2008, half of all Aboriginal and Torres Strait Islander people aged 15 years and over had some form of disability. In non-remote areas, Aboriginal and Torres Strait Islander people were one-and-a-half times more likely than non-Indigenous adults to have a disability or a long-term health condition.</p>
<p>Around one in twelve Aboriginal and Torres Strait Islander adults are part of the Stolen Generations. In 2008, 8 per cent (26,900) of Aboriginal and Torres Strait Islander peoples aged 15 years and over stated that they had been removed from their natural family. 35 per cent assessed their health as fair or poor and 39 per cent experienced high or very high levels of psychological distress.</p>
<p>The national imprisonment rate for Aboriginal and Torres Strait Islander adults is 15 times higher than that for non-Indigenous adults. In the December quarter of 2013, Aboriginal and Torres Strait Islander people comprised 28 per cent of Australia’s full-time adult prison population.</p>
<p>There were approximately between 250 and 500 Australian Indigenous languages spoken at the time of colonisation. However, a 2005 survey found that only 145 Indigenous languages are still spoken to some degree and less than 20 are considered to be ‘strong’ and able to be spoken by all generations.</p>
<p> </p>
Why does a Voice to Parliament need to be enshrined in the Constitution?
<p>There have been previous bodies with a similar function to that proposed by the Voice to Parliament referendum, but since they were not enshrined in the Constitution, they could be (and were) removed by the government of the time.</p>
<p>The rigorous process of changing the Constitution means that anything that is included in the Constitution is likely to be far more stable.</p>
<p>An Aboriginal and Torres Strait Islander Voice to Parliament would mean two things:</p>
<ol>
<li>That Aboriginal and Torres Strait Islander peoples would be recognised in the Australian Constitution. At present, the silence of the Constitution suggests that Australia did not have a history prior to British colonisation.</li>
<li>That Aboriginal and Torres Strait Islander peoples would be able to provide advice on all policies, programs and services that affect them, leading to better outcomes for both Aboriginal and Torres Strait Islander peoples and for Australia as a nation.</li>
</ol>
<p> </p>
Would including a Voice to Parliament in the Australian Constitution mean Treaty?
<p>No, the Voice to Parliament proposed change does not contain anything more than what it proposes: an advisory body to Federal Parliament on all matters concerning Aboriginal and Torres Strait Islander peoples.</p>
<p> </p>
Why is there so much confusion and misinformation going around?
<p>All Federal Constitutional changes require a referendum in the form prescribed by section 128 of the Australian Constitution.</p>
<p>This means that the time required to circulate all relevant information ahead of the vote must occur within six months from the passing of the Bill.</p>
<p>Over such a short period of time, conservative and fear-mongering campaigns have an advantage over clear information.</p>
<p>The Australian Electoral Commission (‘AEC’) must distribute the Yes and No cases as they have been authorised by the Yes and No Parliamentary committees. The AEC cannot verify or correct any of the content of the cases as they have been submitted. As a result, such information must be circulated as it is, even though potentially incorrect or even misleading.</p>
<p> </p>
What do the YES and NO pamphlets prepared by the Parliamentary committee and circulated by the AEC say?
<p>The YES pamphlet outlines three main reasons to vote for the Voice:</p>
<ul>
<li>Recognitionof Indigenous Australians in the constitution and paying respect to 65,000 years of culture and tradition</li>
<li>Listeningto Indigenous people's advice on matters that impact them, to improve government decision-making</li>
<li>Better resultsin Indigenous health, education, employment, and housing.</li>
</ul>
<p>The NO pamphlet outlines four main reasons to vote against the Voice, saying it would be:</p>
<ul>
<li>Risky, because "no issue is beyond its reach" and </li>
<li>Unknown, because Australians have not been provided sufficient detail;</li>
<li>Divisive, because it would add race to the constitution</li>
<li>Permanent, because it could not be revoked except through another referendum.</li>
</ul>
<p>It also repeats claims that the Voice could spark a wave of litigation in the High Court, an argument rebuked by Solicitor-General Stephen Donaghue in April.</p>
<p> </p>
Does the referendum need 51% of votes to be successful?
<ul>
<li>50% + 1 of votes <em>overall </em>in Australia (including voters in all States and Territories), AND</li>
<li>50% + 1 of votes in a majority of States: that is, 50% + 1 of votes in <em>each </em>of at least<em> four </em>States</li>
</ul>
<p> </p>