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North Metropolitan TAFE: Reusable content: The Voice - Referendum

​​​​​​The top banner displays the Aboriginal Flag with the Torres Strait Islander flag on either side. The words "learn about the referendum" are written across the front

Aboriginal Flag designed by Mr Harold Thomas. Torres Strait Islander Flag designed by the late Mr Bernard Namok.

Introduction

From 23 to 26 May 2017, 250 Aboriginal and Torres Strait Islander persons, representing nations from all over Australia, came together at Uluru in Central Australia. This meeting, known as the National Constitutional Convention, was the result of years of Dialogues about the need for Aboriginal and Torres Strait Islander peoples to be recognised in the constitution.

The resulting declaration is titled the ‘Uluru Statement From the Heart’ which was signed by all participants in the convention. The Uluru Statement calls for the establishment of an Aboriginal and Torres Strait Islander Voice to Parliament enshrined in the Australian Constitution. This will be followed by the ‘Makarrata Commission’ for truth-telling about Aboriginal and Torres Strait Islander people’s history and agreement-making (Treaty) between Aboriginal and Torres Strait Islander peoples and governments.

In Australia, any constitutional change needs to be decided via Referendum and in 2023, Prime Minister Anthony Albanese has announced a Referendum will take place to make these changes. The referendum is proposed to be held in late 2023 (however no exact date has been set at the time of writing). This referendum will ask Australians whether they agree with the proposed changes.

Parliament of Australia. (2017). Uluru Statement: a quick guide. https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1617/Quick_Guides/UluruStatement

Reconciliation Australia. (2023). Voice to parliament. https://www.reconciliation.org.au/reconciliation/support-a-voice-to-parliament/

 

The Question

The Referendum Question:

The Question to be put to the Australian people at the 2023 referendum will be:

"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 of this proposed alteration?"

 

Constitutional Amendment:

The proposed law that Australians are being asked to approve at the referendum would insert a new section into the constitution:

"Chapter IX Recognition on 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 Aboriginal and Torres Strait Islander Voice;
  2. The Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and 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."

National Indigenous Australians Agency. (2023). Referendum on an Aboriginal and Torres Strait islander Voice. https://www.niaa.gov.au/indigenous-affairs/referendum-aboriginal-and-torres-strait-islander-voice#:~:text=Referendum%20question,and%20Torres%20Strait%20Islander%20Voice. 

Uluru Statement From the Heart

Government Sites and Sources

Community and Advisory Group's Websites

Library Resources

Other Resources

Taken from: The Uluru Statement. (2023). Uluru statement from the heart. https://ulurustatement.org/the-statement/view-the-statement/

The Uluru Statement from the Heart in Languages other than English

Audiovisual Sources

The Australian Constitution

Referendums in Australia

How to Change the Constitution

In order to make changes to the constitution in Australia, a referendum is required.

Below is a small graphic on some of the steps leading up to a referendum.

A small graphic explaining how the constitution is changed. It has the title, How to Change the Constitution. The shows 4 numbered steps, each with a picture and a small caption. Image 1: Bill Passed. A bill is introduced into parliament by an absolute majority in both the house of representatives and the senate. Image 2: The Factors. Members of parliament who support the proposed change prepare the Yes case and members parliament who don’t support it prepare the No case. Image 3: AEC. The Australian Electoral Commission produces and sends out a pamphlet explaining both the yes and the no cases. Image 4: Referendum. Australians vote Yes or No.

Referendum Requirements

In order to change the constitution in Australia, citizens are required to vote in a referendum.

For the referendum to pass the Majority of Australians in the majority of States need to agree to the change.

This is known as The Double Majority.

An image explaining the Double Majority. At the top are the words: Changing the Australian Constitution – Double majority. There are two maps of Australia. One is completely Green with the word Yes written in the middle, signifying that the majority of Australian have voted ‘Yes”. The second map of Australia has been divided into states, with South Australia and Tasmania in red with the word No in the middle, the other states are green with the wors Yes in the middle. Northern Territory and A.C.T. are in grey as they are territories. This signifies the majority od states voting yes. There is a caption that reads, “Double Majority: The Australian Constitution can only be changed with the support of the majority of Australian Voters AND a majority of voters in a majority of states. (ie at least 4 states).