There's been a lot of talk about having an Indigenous Voice to Parliament, which would lead to a change to the Australian Constitution.
But for a change to be made to the constitution, voters must approve of it being amended through a referendum.
So, how does a referendum work and what happens if it's successful — or isn't?
Let's break down everything to do with the Voice to Parliament referendum.
Where did this all start?
This is part of a reconciliation process that's been running for decades.
A key moment came at a historic meeting of First Nations people from across the country at the First Nations' National Constitutional Convention in 2017
As many as 250 Indigenous delegates met at Uluru and, after days of discussions, reached a consensus on a 440-word statement, now known at the Uluru Statement from the Heart.
It has three key objectives:
- 1.Voice to Parliament
- 2.Treaty
- 3.Truth-telling
The statement references the 1967 referendum, which changed the constitution to include Aboriginal and Torres Strait Islander people in population counts, and gave the federal government the power to make laws for Indigenous Australians in the states.
What is the Voice to Parliament?
The Voice would provide permanent representation and recognition for Aboriginal and Torres Strait Islander peoples in the Constitution.
It would be a new body that represents First Nations people from across Australia to provide their input into federal government, decisions, policies and laws that affect their lives.
This would be on matters relating to the social, spiritual and economic wellbeing of Aboriginal and Torres Strait Islander people.
The Voice would be an advisory body, but it would not have powers to overrule parliament, commonly known as "veto" powers.
How would a Voice be structured?
The actual structure would depend on legislation after a "yes vote" in the referendum.
When the government is asked for details on the Voice, it points to a comprehensive report co-authored by Professors Tom Calma and Marcia Langton.
While it might change in the future, this is the structure suggested in that report:
The Voice would be made up of two parts: Local and Regional Voices and a National Voice.
Let's go through the report's proposal for a National Voice first.
National Voice
The National Voice would have 24 members:
- Two from each state and territory — 16 all up
- Five from remote communities
- Two from the Torres Strait
- One representing Torres Strait Islanders living on the mainland
There must be a gender balance among the members.
Individuals would serve four-year terms and would only be allowed to serve twice.
Two full-time co-chairs would be elected by the members themselves.
The members of the National Voice will be elected by the Local and Regional Voices.
Let's take a look at how the report envisages these.
Local and Regional Voices
There would be 35 local Voices representing districts around the country.
Each one will be individually designed and run by the communities they represent.
This is to reflect that Aboriginal and Torres Strait Islander communities are many and varied.
"Aboriginal and Torres Strait Islander peoples are not an homogenous group where one solution will fit all communities," the report states.
The Local Voices would engage with all levels of government: local, state and federal.
What will the Voice do?
The Voice aims to give Aboriginal and Torres Strait Islander people all around the country a say in government policy.
The referendum working group advising the government says the design of the Voice will be guided by the following principles:
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It will provide independent advice to parliament and government.
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It will be chosen by First Nations people based on the wishes of local communities.
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It will be representative of Aboriginal and Torres Strait Islander communities.
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It will be empowering, community-led, inclusive, respectful, culturally informed and gender balanced. It will also include youth.
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It will be accountable and transparent.
What would the Voice not be able to do?
As an advisory body to the Australian parliament and government, the Voice is only there to provide advice.
It would not deliver services, manage government funding or mediate between Aboriginal and Torres Strait Islander organisations.
And to even get a Voice to Parliament, we need a referendum.
What is the question I'll be voting on?
For months, representatives of First Nation communities from around Australia have discussed what the wording for the Voice referendum question put to voters should be.
In late March, the Referendum Working Group finalised its recommended wording of the referendum question, with Prime Minister Anthony Albanese announcing the proposed wording to be put to voters:
A 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?
However, the wording is not set in stone and could go through further changes when it is considered by parliament.
What happens if the referendum is successful?
It means the Voice will be enshrined in the Constitution, meaning successive governments cannot overturn it.
It will be established as a new constitutional body in a new chapter (Chapter 9) at the end of the Constitution.
These are the three sentences that could be added to the Constitution in order to create a Voice:
In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:
1. There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;
2. 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;
3. 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.
What happens if it's unsuccessful?
If the referendum fails, then the constitution will remain unchanged, according to constitutional law expert Professor Anne Twomey.
"The parliament could still legislate, if it wanted to do so, to establish an Indigenous advisory body, but if the proposed constitutional amendment failed, there would need to be consideration about why it failed and whether a different approach should be taken in the future," Professor Twomey said.
In his speech at Garma Festival in August 2022, Prime Minister Anthony Albanese acknowledged that a referendum was a "high hurdle to clear".
"We recognise the risks of failure — but we also recognise the risk of failing to try," Mr Albanese said.
Indigenous advocate Noel Pearson says a rejection of the Voice to Parliament would represent a failure of a whole generation of Indigenous leadership, saying it would then be up to a new generation to chart a different way forward.
The respected land rights activist said he would "fall silent" if the nation voted against enshrining an Indigenous advisory body in the constitution.
Who is pushing for a No vote to the Voice?
In November last year, Nationals leader David Littleproud announced the party would oppose the Voice, arguing it would not deal with the real issues facing Aboriginal and Torres Strait Islander people.
The Liberal Party followed suit in early April.
Opposition Leader Peter Dutton said his party supported recognition of First Nations people in the constitution, but not a constitutionally enshrined consultative body.
He said the party did not believe a new body would lead to meaningful change for Indigenous Australians.
"Creating another national body out of Canberra as the prime minister is proposing … it doesn't unite, and it will not deliver the outcomes on the ground," he said.
"Our proposal is to have a local and regional voice to listen to local elders who live in the community and listen to what will make a practical outcome in terms of maternal health, a restoration of law and order, a reduction in domestic violence."
However, Mr Dutton said he believed three or four backbenchers would advocate a different position to the rest of the Liberal Party.
One Liberal MP, Tasmanian Bridget Archer, confirmed she did not agree with the party's position and will cross the floor to support the Voice.
Senator Andrew Bragg also said he would maintain "an open mind on the Voice as a long term supporter".
Some Indigenous Australians also for No vote
Early in May, two campaigns pushing for a No vote to the Voice referendum merged.
Before the merge, the two main 'No' groups were:
- Recognise a Better Way: headed by former Liberal candidate and national Labor party president Warren Mundine
- Fair Australia: backed by shadow Indigenous Australians Minister Jacinta Nampijinpa Price
The two campaigns merged to become Australians for Unity.
Senator Nampijinpa Price and Mr Mundine are the key spokespeople for the campaign.
"We're going to be running one campaign together in one focus, similar to what the Yes campaign has done to put themselves under one umbrella," Mr Mundine said.
"And that makes for a better organisation and able to focus a lot better and support each other."
Ahead of the referendum, the ABC contacted 11 First Nations MPs and senators, asking them what they think about a constitutionally enshrined Voice to Parliament.
Eight said they support the Voice.
Three said they did not, or wanted more clarification on the Voice.
"People should not follow blindly anyone or anybody that suggests that all Aboriginal people think the same," Senator Nampijinpa Price told the ABC.
How does a referendum work in Australia?
Referendums are similar to federal elections but there are some key differences:
It needs a double majority to pass
This means two things:
- Majority of Australian voters in a referendum need to support the proposed change
And:
- Majority of voters in a majority of Australia's six states need to support the change
This means the ACT and Northern Territory people's votes will count towards the national total, but not to the state count.
It's a 'Yes' or 'No' vote
Say goodbye to landscape, A2-sized ballot papers, because there is no ranked choice voting in a referendum.
Voters will only need to answer either "Yes" or "No" in response to the proposed question.
Meaning, you will have to literally write out "Yes" or "No" in the box provided on the ballot paper, not mark or number a box as in parliamentary elections or the marriage equality survey.
And don't worry if your handwriting isn't up to scratch.
Ballots marked 'Y' will count as a 'Yes' vote and 'N' will be counted as a 'No' vote.
You'll be sent arguments for and against it
The Australian Electoral Commission will send every enrolled household a pamphlet containing arguments both for and against a Voice to Parliament.
These pamphlets will also contain the details of the proposed constitutional change.
They'll be sent out at least a fortnight before the vote.
Is it compulsory to vote in the referendum?
Yes, it's compulsory to vote.
As the Australian Electoral Commission puts it:
"It is compulsory, by law, for all eligible Australian citizens aged 18 and older to enrol and vote in referendums and federal elections. If you are already enrolled you do not need to enrol again to vote in a referendum."
You can check your current electoral enrolment online.
How do I vote?
It's pretty much the same way you'd vote in a federal election, so it'll be held on a Saturday.
Voters will turn up to polling places, where they will be marked off and then given a ballet form.
Postal votes will be allowed for similar reasons as those in an election — such as being more than 20 kilometres from a polling place, serious illness or being overseas.
And there will be pre-polling booths for people who want to vote early.
In most cases, they'll open 12 days before voting day.
Only Australians aged 18 and older can cast a ballot — but they have to be enrolled to vote.
If you're not enrolled yet, check out the AEC website here.
When will we be voting?
We don't know yet.
A bill containing the words that would change the Constitution has been introduced to parliament and a parliamentary committee tabled its report last week.
This joint parliamentary committee - made up of seven Labor, four Coalition and two crossbench members - urged parliament to pass the bill with no changes.
If the bill passes both houses of parliament, the referendum can go ahead.
The vote is expected to be on a Saturday in the second half of the year, probably after the major sporting grand finals have been held.
When was the last time we had a referendum?
This referendum will be the first in many people's lifetimes.
The last one was the Australian republic referendum, which was held in 1999.
Voters were required to answer "Yes" or "No" to two questions.
One asked whether the constitution should be altered to establish Australia as a republic, with the queen to be replaced as our head of state with an Australian president appointed by two-thirds of the members of parliament.
The other question asked whether a preamble should be inserted into the constitution, adding new wording.
The referendum questions were both voted down, with a total of 54.87 per cent of Australians voting "No" to Australia becoming a republic, and a total of 60.66 per cent of voters opposed to inserting the preamble.
However, the last time Australians were asked to vote on the rights of Aboriginal people was the 1967 Referendum.
Australians voted to amend the Constitution to allow the Commonwealth to make laws for Aboriginal people and include them in the census.
Editor's note May 16, 2023: This story has been updated to include additional context about the referendum on the Voice to Parliament and likely timing, and to correct inaccuracies, making it clear that the legislation has been introduced to parliament and the committee has reported on it.
