2023 Australian Indigenous Voice referendum facts for kids

The 2023 Australian Indigenous Voice referendum will ask voters to approve an alteration to the Australian constitution, creating the Aboriginal and Torres Strait Islander Voice to represent Indigenous Australians to the parliament and federal government on matters of Indigenous affairs. The referendum, prepared by the National Indigenous Australians Agency and conducted by the Australian Electoral Commission, will be held sometime between October and December 2023.

The referendum question and proposed alteration were announced on 23 March 2023 by Prime Minister Anthony Albanese. The Bill which will trigger a referendum is the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 and was tabled in federal parliament on 30 March 2023 by Attorney-General Mark Dreyfus. On 31 May 2023 the Bill passed the House of Representatives.

Proposed question and body

Further information: Indigenous Voice to Parliament

Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023
Parliament of Australia
A Bill for an Act to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice
Territorial extent	Australia
Enacted by	House of Representatives
Date passed	31 May 2023
Legislative history
Bill published on	30 March 2023
Introduced by	Mark Dreyfus (Labor)
First reading	30 March 2023
Second reading	30 March 2023 – 31 May 2023
Third reading	31 May 2023
Summary
Establishes a constitutionally-recognised Aboriginal and Torres Strait Islander Voice
Status: Pending

On 23 March 2023, the Australian Government announced the proposed question and amendment to the constitution for the 2023 Australian referendum. The proposed question and amendment will be considered by the Parliament as part of the parliamentary process to alter the Constitution.

The Australian Government, following advice by the First Nations Referendum Working Group, also released design principles for the Voice. It is stated that these principles will "underpin the shape and function of the Voice" and "then be the basis of the legislation" for the Parliament to consider if the referendum is successful.

Proposed question

The current proposal for the question to be put to the Australian people at the 2023 referendum is:

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?

Proposed amendment

The current proposal for the amendment to be inserted into the Constitution is:

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:

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.

Proposed design of the Voice

The Australian Government has also released a set of design principles of the Aboriginal and Torres Strait Islander Voice to guide the legislation for the Voice. Prime Minister Anthony Albanese has stated that the principles will "underpin the shape and function of the Voice" and that if the 2023 Australian referendum is successful, then the Government "will establish a process in order for that [legislation] to be worked on, including a parliamentary process which will involve the whole of the Parliament regardless of where people stand to develop that legislation going forward".

The design principles are that:

The Voice will give independent advice to the Parliament and Government

• The Voice would make representations to the Parliament and the Executive Government on matters relating to Aboriginal and Torres Strait Islander peoples.
• The Voice would be able to make representations proactively.
• The Voice would be able to respond to requests for representations from the Parliament and the Executive Government.
• The Voice would have its own resources to allow it to research, develop and make representations.
• The Parliament and Executive Government should seek representations in writing from the Voice early in the development of proposed laws and policies.

The Voice will be chosen by Aboriginal and Torres Strait Islander people based on the wishes of local communities

• Members of the Voice would be selected by Aboriginal and Torres Strait Islander communities, not appointed by the Executive Government.
• Members would serve on the Voice for a fixed period of time, to ensure regular accountability to their communities.
• To ensure cultural legitimacy, the way that members of the Voice are chosen would suit the wishes of local communities and would be determined through the post-referendum process.

The Voice will be representative of Aboriginal and Torres Strait Islander communities, gender balanced and include youth

• Members of the Voice would be Aboriginal and/or Torres Strait Islander, according to the standard three part test.
• Members would be chosen from each of the states, territories and the Torres Strait Islands.
• The Voice would have specific remote representatives as well as representation for the mainland Torres Strait Islander population.
• The Voice will have balanced gender representation at the national level.

The Voice will be empowering, community-led, inclusive, respectful and culturally informed

• Members of the Voice would be expected to connect with – and reflect the wishes of – their communities.
• The Voice would consult with grassroots communities and regional entities to ensure its representations are informed by their experience, including the experience of those who have been historically excluded from participation.

The Voice will be accountable and transparent

• The Voice would be subject to standard governance and reporting requirements to ensure transparency and accountability.
• Voice members would fall within the scope of the National Anti-Corruption Commission.
• Voice members would be able to be sanctioned or removed for serious misconduct.

The Voice will work alongside existing organisations and traditional structures

• The Voice would respect the work of existing organisations.

The Voice will not have a program delivery function

• The Voice would be able to make representations about improving programs and services, but it would not manage money or deliver services.

The Voice will not have a veto power

Current model

The current model suggests 24 members on the body, elected by local and regional elected bodies, each of which would be designed and run by their communities; however, the final model will be decided by legislation if the referendum is successful.

Voting and referendum mechanisms

Double majority

In order for the amendment to the Constitution to be enacted, it must receive the endorsement of a so called "double majority" of voters. This means that for the referendum to succeed, the following must occur:

• more than half of the total national votes must be in favour of the amendment; and
• more than half of the electors in at least four states must also vote in favour.

If more than half of the total national votes or more than half of the electors in at least three states vote against the amendment, the referendum will not be successful.

Voters

Australian citizens and some British subjects may take part in Australian elections or referendums. Under Australian law, all eligible voters must submit a vote by an approved means (in-person, by post, or over the phone). It is mandatory for all eligible people to register to vote.

It is mandatory for a person to register onto the Australian Electoral Roll and vote if they are:

• an Australian citizen, either by birth or naturalisation, or are a British subject who was enrolled to vote before 27 January 1984, and
• aged 18 years or older (on the date of the referendum), and
• have lived at an address for more than one month, and
• not subject to an exemption or exclusion.

Exemptions to mandatory voting requirements apply for those that are overseas on the date of the referendum, are posted to an Australian station on Antarctica, or are homeless or have no fixed address. A person serving a prison sentence of longer than three years on the date of the referendum is excluded from voting in federal elections or referendums whilst in custody, but must remain on the Electoral Roll.

Cost

Funding for the referendum was provided to the AEC and NIAA in the October 2022 Australian federal budget, with a total distribution of $75.2 million (excluding Contingency Reserves) over two years (FY2022–24).

• $52.6 million for the Australian Electoral Commission to prepare for and deliver the referendum
• $16.1 million for the Australian Electoral Commission to increase the percentage of eligible First Nations people registered to vote
• $6.5 million for the National Indigenous Australians Agency to support preparations for the referendum, including the relevant governance structures

There is an additional $160 million of the federal Contingency Reserve available to deliver the referendum. In May 2023 the government announced a total of A$10.5 million in the 2023 budget to improve mental health services for Indigenous people in the lead-up to the referendum.

See also

• Referendums in Australia
• List of Indigenous Australian politicians
• List of Indigenous Australians in politics and public service