2023 Australian Indigenous Voice referendum

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.[2] 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.[3][4][1]

2023 Australian Indigenous Voice referendum
Late 2023[lower-alpha 1][1]
A Proposed Law to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.

Aboriginal and
Torres Strait Islander Voice

The referendum question and proposed alteration were announced on 23 March 2023 by Prime Minister Anthony Albanese.[5] 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.[6]

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 extentAustralia
Considered byHouse of Representatives
Legislative history
Bill published on30 March 2023
Introduced byMark Dreyfus
First reading30 March 2023
Second reading30 March 2023
Amends
Australian Constitution
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.[7] 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.[8] 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.[9]

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?[9]

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.[9]

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.[8] 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".[9]

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[8][10]

Voting and referendum mechanisms

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.[3]

It is mandatory to register to the Australian Electoral Roll and vote if you are:[11][12]

  • 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.[13][14][15] 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.[16]

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).[17][18]

  • $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 Australian 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.[17]

Positions

Summary

This table summarises the positions of Australian political parties at the federal level. Disagreement between federal party rooms and state-level party branches within the Liberal–National Coalition is discussed below.

Party Stance Notes and references
Animal Justice Support [19]
Australian Democrats Support [20]
Centre Alliance Unknown The party has not openly taken a stance on the issue, but does support the recognition of Indigenous Australians in the Constitution.[21]
Christians Ambiguous [22]
Communist Support [23]
Democratic Labour Oppose
Fusion Support [24]
Greens Support The party has a preference for truth-telling and treaty processes to occur prior to the Voice but have nonetheless backed the "yes" campaign for the expected referendum on the voice.[25]
Justice Oppose Derryn Hinch supports the recognition of Indigenous Australians and their history in the Constitution, but not a Voice to Parliament. However, he stated that members of the party would be allowed a conscience vote on the issue.[26]
Katter's Australian Oppose Leader Bob Katter (federal MP for the Division of Kennedy) has stated that the Voice to Parliament may not cover important issues faced by Indigenous Australians, instead proposing a designated Indigenous senator. However, he has given his support for a referendum.[27] All three of the party's MPs in the Legislative Assembly of Queensland have requested more information from federal and state governments (similar to the Liberals) and said that they could possibly support the Voice. On 16 February 2023, the party announced on Facebook that its MPs will not support the Voice.[28]
Labor Support Leader Anthony Albanese has given his support and pledged that a referendum would be held. All state and territory Labor leaders support the Voice, however Queensland Premier Annastacia Palaszczuk has said that although she supports the Voice, she believes it should be explained better.[29]
Lambie Unknown Party leader Jacqui Lambie publicly called for more information about the Voice to Parliament in August 2022 and February 2023, but has not yet announced an official position.[30][31]
Liberal Oppose[lower-alpha 2] Federal leader Peter Dutton had requested more information before his party decided on a position; however some members have declared their own stances. Federal members of the party's Tasmanian branch were divided on the issue as of 3 January 2023.[32] On 5 April 2023, after a party room meeting, it was announced that the party will oppose the Voice citing constitutional risks. All members of the shadow ministry are bound by this decision but a conscience vote is allowed for backbencher members. The party has proposed an alternative to Labor's initial proposal and does support constitutional recognition of Indigenous Australians, however.[33] Moderate backbenchers including Bridget Archer, Russell Broadbent and Andrew Bragg will still support a Voice to Parliament despite their party room's position.[34]
Liberal Democrats Oppose [35]
National Oppose[lower-alpha 3] The Nationals at a federal level have stated that they oppose a Voice to Parliament, citing concerns that it would not be inclusive of regional areas.[36][37][38]
One Nation Oppose One Nation opposes both a Voice to Parliament and a referendum on the subject.[39]
Reason Support [40]
Socialist Alliance Support [41]
Socialist Equality Oppose [42][43]
United Australia Oppose The party's sole Senator, Ralph Babet, is opposed to the Voice.[44]

Independent parliamentarians
Name Stance Notes and references
Kate Chaney Support [45]
Zoe Daniel Support [46]
Andrew Gee Support Gee defected from the National Party in December 2022, shortly after the party announced its opposition to the Voice. He cited a need to support the Voice as a key reason for leaving the party,[47] although party leader David Littleproud mentioned several disagreements that led to the decision.[48]
Helen Haines Support [49]
Dai Le Neutral As of January 2023, Le maintains a neutral position towards the Voice, claiming that it is not a priority for the culturally diverse communities in her electorate.[50]
David Pocock Support [51]
Monique Ryan Support [52]
Sophie Scamps Support Scamps referred to the First Nations Voice to Parliament as a "generous invitation" in her first speech to Parliament in August 2022.[53]
Allegra Spender Support [54]
Zali Steggall Support [55]
Lidia Thorpe Ambiguous When she was the Indigenous affairs spokeswoman of the Australian Greens, Thorpe expressed concern that the Voice was "unlikely to involve any meaningful transfer of power" as early as August 2022, instead calling for Treaty before Voice.[56] Thorpe defected from the Australian Greens in February 2023, in order to represent a movement for Australian Aboriginal sovereignty and campaign for a treaty between First Nations people and the Australian government.[57] Thorpe maintains that her position on the Voice is neutral, stating that she will not consider supporting unless all of the recommendations from the Bringing Them Home report and Royal Commission into Aboriginal Deaths in Custody are implemented.[58][59]
Kylea Tink Undecided Tink interviewed proponent of the Voice Thomas Mayor in May 2022, and in January 2023 she opposed legislation if the Voice referendum does not pass, but she has not publicly announced her position.[60][61]
Andrew Wilkie Support [62]

Position of the Coalition

Federally, the Liberal Party opposes the Voice, with leader Peter Dutton having repeatedly asked for more information before they can make a decision, but decided on 5 April 2023 to reject the Voice. However, the Liberals have offered an alternative proposal and do support the constitutional recognition of Indigenous Australians. Backbenchers have been allowed a conscience vote on the issue. Despite the Liberal Party's federal position, the party is supportive of the Voice in New South Wales, Tasmania, Victoria and Western Australia, as well as in Queensland as the Liberal National Party.

The party's only state Premier, Jeremy Rockliff (Tasmania) openly supports the Voice, as does former New South Wales Premier Dominic Perrottet (who was Premier and Liberal leader from 2021 to 2023).[63]

On the same day as the federal Liberal Party announced their opposition to the Voice, Libby Mettam, the leader of the party's Western Australian division, announced that she will vote "yes" to the Voice and her party would support it. A day later, John Pesutto, the leader of the party's Victorian division, announced that he had an "open mind" on the Voice.[38]

The party's other leaders, David Speirs (South Australia; opposes state-level Voice) and Elizabeth Lee (ACT), remain undecided on the Voice.

The party's South Australian division opposes the state's version of the Voice to Parliament, but has not yet made a stance on the federal version.[64] The Canberra Liberals have given its MPs a conscience vote on the issue.[65]

The Nationals oppose the Voice on a federal level (although the party supports the Voice in New South Wales,[66] Victoria and Western Australia, as well as in Queensland as the Liberal National Party),[67][68] while the Country Liberal Party remains split on the issue.[69]

In Queensland, the Liberal National Party (the merger of the two Coalition parties in Queensland) is supportive of the Voice. The party's leader in Queensland, David Crisafulli, announced he has an "open mind" on the issue. His position was announced a day after Peter Dutton, the federal Liberal leader (who is also from Queensland), announced that the federal Liberal Party would oppose the Voice.[38]

On 19 February 2023, the Country Liberal Party voted to oppose the Voice.[70][71][72] However, members of the party have differing opinions; the party's sole federal senator, Jacinta Price (an Aboriginal woman), opposes the Voice, while the party's leader in the Northern Territory, Lia Finocchiaro (a non-Indigenous woman), said in mid-March that she supported the Voice in principle, but needed more detail.[73]

Former Liberal MP, and Indigenous Australians Minister, Ken Wyatt, quit the Liberal Party on 6 April 2023, in response to the Federal Liberal Party's opposition to the voice.[74]

Stances of former prime ministers
Prime Minister Party Position Notes and references
John Howard (1996–2007) Coalition Undecided John Howard has said that he has not settled a position on the Voice yet, but warned Anthony Albanese to be careful with the wording of the Voice, warning it could be "coercive and divisive".[75]
Julia Gillard (2010–2013) Labor Support
Kevin Rudd (2007–2010, 2013) Labor Support Kevin Rudd supports the Voice to Parliament, stating that Tony Abbott's stance on the issue was "wrong".[76]
Malcolm Turnbull (2015–2018) Coalition Support In August 2022, Malcolm Turnbull stated that, despite his previous concerns, he would now vote in favour of Albanese's proposal.[77]
Paul Keating (1991–1996) Labor Support Paul Keating strongly supports the Voice, saying that the Albanese government should not postpone a referendum on the issue and should hold it in its first term.[78]
Scott Morrison (2018–2022) Coalition Unspecific While he was prime minister, Scott Morrison proposed a version of the Voice,[79] but ruled out a referendum on Albanese's proposal as of 2022.[80] It is unclear if his position has changed.
Tony Abbott (2013–2015) Coalition Oppose Tony Abbott has openly given his opposition to the Voice.[81][82][83]

Stances of public figures

In March 2023, Geelong Football Club captain and president of the AFL Players Association, Patrick Dangerfield backed the AFL's support of the "Yes Campaign".[84]

The University of Melbourne and the Australian Academy of Technological Sciences and Engineering released statements supporting the motion.[85][86]

Marcus Blackmore, executive director of Blackmores, opposes the Voice.[87]

BHP CEO Mike Henry has backed the Voice.[88]

Opinion polling
This section is an excerpt from Opinion polling for the 2023 Australian Indigenous Voice referendum.[edit]
Graphical summary (2017–present)

See also

Notes
  1. Prime Minister Anthony Albanese has confirmed that the referendum will be held sometime between October and December 2023, however the exact date is yet to be confirmed. Under Australian law, all elections or referendums must be held on a Saturday, and must occur between two and six months after the relevant Bill passes both chambers of parliament.
  2. The federal Liberal party room opposes the Voice to Parliament, but state-level branches of the Liberal Party in three out of six states — New South Wales, Western Australia and Tasmania — support the Voice to Parliament.
  3. The federal National party room opposes the Voice to Parliament, but state-level branches of the National Party in two out of the four states where they are represented in state legislatures — New South Wales and Western Australia — support the Voice to Parliament.

References
  1. Evans, Jake (30 March 2023). "Bill to trigger Voice referendum introduced to parliament". ABC News. Retrieved 31 March 2023.
  2. Butler, Josh (23 March 2023). "Emotional PM reveals question Australians will be asked for constitutional change on Indigenous recognition". The Guardian. Retrieved 23 March 2023.
  3. "Referendums". Australian Electoral Commission. 6 January 2023. Retrieved 30 March 2023.{{cite web}}: CS1 maint: url-status (link)
  4. "AEC calling on Australians to deliver a potential Referendum". Australian Electoral Commission. 8 February 2023. Retrieved 30 March 2023.{{cite web}}: CS1 maint: url-status (link)
  5. "Constitutional amendment and referendum question announced". National Indigenous Australians Agency. 23 March 2023. Retrieved 30 March 2023.{{cite web}}: CS1 maint: url-status (link)
  6. Dreyfus, Mark (30 March 2023). "Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023". Federal Register of Legislation. Retrieved 30 March 2023.{{cite web}}: CS1 maint: url-status (link)
  7. "Next Step Towards Voice Referendum: Constitutional Alteration Bill | Prime Minister of Australia". www.pm.gov.au. Retrieved 24 March 2023.
  8. "Voice principles released | Aboriginal and Torres Strait Islander Voice". voice.niaa.gov.au. Retrieved 24 March 2023.
  9. "Press Conference - Parliament House | Prime Minister of Australia". www.pm.gov.au. Retrieved 24 March 2023.  This article incorporates text from this source, which is available under the CC BY 4.0 license.
  10. "Design Principles of the Aboriginal and Torres Strait Islander Voice". National Indigenous Australians Agency. 23 March 2023.
  11. "Enrol to vote". Australian Electoral Commission. 1 March 2023. Retrieved 30 March 2023.{{cite web}}: CS1 maint: url-status (link)
  12. "British subjects". Australian Electoral Commission. 21 April 2015. Retrieved 30 March 2023.{{cite web}}: CS1 maint: url-status (link)
  13. "Voting from overseas". Australian Electoral Commission. 13 April 2022. Retrieved 30 March 2023.{{cite web}}: CS1 maint: url-status (link)
  14. "Workers in Antarctica". Australian Electoral Commission. 20 April 2021. Retrieved 30 March 2023.{{cite web}}: CS1 maint: url-status (link)
  15. "Enrolment for people with no fixed address". Australian Electoral Commission. 22 March 2022. Retrieved 30 March 2023.{{cite web}}: CS1 maint: url-status (link)
  16. "Prisoners". Australian Electoral Commission. 24 February 2022. Retrieved 30 March 2023.{{cite web}}: CS1 maint: url-status (link)
  17. Chalmers, Jim; Gallagher, Katy (25 October 2022). "Budget Paper No. 2: Budget Measures" (PDF). 2022 Budget. p. 107. Retrieved 31 March 2023.{{cite web}}: CS1 maint: url-status (link)
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  30. https://www.news.com.au/national/politics/jacqui-lambie-says-australians-need-detail-about-voice-to-parliament-as-pm-remains-tightlipped/news-story/dceac791a154f34fe908c5f36d7c21aa
  31. https://www.skynews.com.au/australia-news/politics/independent-senator-jacqui-lambie-says-embattled-town-of-alice-springs-needs-tough-love-wants-to-see-practical-side-of-voice/news-story/bfdfbb3ad169cd18b6fafdaa6aa28be1
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  33. https://amp.abc.net.au/article/102188290
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  46. "Recognition for First Nations Australians".
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  49. "Where I stand on..." Helen Haines MP - Independent Federal Member for Indi.
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  51. "Senator Pocock's First Speech". David Pocock.
  52. "Policy Priorities". Dr Monique Ryan for Kooyong.
  53. "Dr Sophie Scamps' first speech in Parliament". Dr Sophie Scamps.
  54. "Other Policies". Allegra Spender.
  55. "Where does Zali stand on..." Zali Steggall.
  56. "'On the table': Greens want treaty before backing Voice to Parliament". The Canberra Times. 9 August 2022.
  57. "What is 'black sovereignty' and how does it conflict with the Voice?". ABC News. 6 February 2023.
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  59. Sakkal, Lisa Visentin, Paul (6 February 2023). "Lidia Thorpe splits from Greens on Voice to parliament". The Sydney Morning Herald. Archived from the original on 6 February 2023. Retrieved 3 April 2023.
  60. "MOVING FORWARD WITH THE ULURU STATEMENT - THOMAS MAYOR & KYLEA TINK" – via www.youtube.com.
  61. "Kylea Tink MP". Twitter.
  62. "Publications". Andrew Wilkie.
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  69. Butler, Josh (6 April 2023). "Former Indigenous affairs minister Ken Wyatt quits Liberals over party's voice opposition". The Guardian. ISSN 0261-3077. Retrieved 6 April 2023.
  70. "Rank-and-file of NT's Country Liberal Party support motions backing No campaign of Voice to Parliament". ABC News.
  71. "Northern Territory's Country Liberal Party to oppose Indigenous Voice to Parliament". Sky News Australia.
  72. "CLP's internal division on Voice to Parliament". NT News.
  73. "After a dramatic resignation, Jacinta Price says the NT Country Liberal Party is united against the Voice". ABC News. 13 March 2023.
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  75. https://thewest.com.au/news/indigenous-australians/prime-minister-hits-back-at-john-howard-warning-indigenous-voice-could-be-coercive-and-divisive-c-7926843.amp
  76. "Kevin Rudd says Tony Abbott is wrong on the Voice to parliament". amp.smh.com.au.
  77. Malcolm Turnbull (15 August 2022). "I will be voting yes to establish an Indigenous voice to parliament". The Guardian. Retrieved 16 August 2022.
  78. "Labor must not betray Indigenous voters by delaying voice to parliament, Keating and Pearson say | Indigenous Australians | The Guardian". amp.theguardian.com.
  79. Wiles, Paul (18 February 2022). "PM Scott Morrison shares his version of the "Voice to Parliament." Mparntwe Alice Springs, February 18 - 2022".
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  81. "Voice to Parliament wrong in principle, bad in practice: Tony Abbott". skynews. 23 December 2022.
  82. "Tony Abbott accuses tech of censoring 'no' campaign". skynews. 4 January 2023.
  83. "Tony Abbott tells CPAC an Indigenous voice to parliament would promote 'discrimination' | Tony Abbott | The Guardian". amp.theguardian.com.
  84. Peter Ryan (14 March 2023). "Dangerfield backs Yes vote and AFL's right to campaign on Voice". The Age.
  85. "Statement of support for an Aboriginal and Torres Strait Islander Voice to Parliament". Melbourne University. 7 March 2023.
  86. "ATSE statement supporting the Voice to Parliament". ATSE. 23 February 2023.
  87. "Why Marcus Blackmore is voting no on the Voice". 23 February 2023.
  88. https://www.ceda.com.au/NewsAndResources/News/Indigenous-affairs/BHP-CEO-backs-Indigenous-voice-to-parliament
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