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Understanding the Referendum
To establish an Aboriginal and Torres Strait Islander Voice
In 2023, Australians will be asked to vote
yes or no to a proposal to change the
Australian Constitution
What you need to know
Be an informed voter
• Changing the Constitution
• Background to the proposal
• The proposal
• What next?
The Constitution
• Parliament’s powers are outlined
• No mention of Aboriginal and
Torres Strait Islander people
• To change requires referendum:
majority of people in a majority of
states
Parliament’s powers
• Very high level - no detail
• Includes ‘race power’
• …may make laws in respect of the people of any race
• This has only ever been exercised in respect of Aboriginal and Torres Strait
Islander people
• But no consultation is required
The special status of Aboriginal and Torres Strait Islander people
• Parliament makes special laws about Indigenous people because they are
Indigenous
• But Parliament uses the ‘race’ power to do this
• Our system of governance makes no provision for Aboriginal and Torres Strait
Islander people to have a say in these laws
Background to the proposal
Recognition movement
• Multiple government reports over 20 years looking into ‘recognition’ of
Aboriginal and Torres Strait Islander people in the Constitution, but no action
• Proposals for symbolic recognition
• Failed at 1999 referendum
• Rejected by Aboriginal and Torres Strait Islander people
Uluṟu Statement from the Heart
• Regional Dialogues within Aboriginal and Torres Strait Islander communities
culminated in consensus statement (2017)
• Voice
• Treaty
• Truth
• In that order
Enshrined in the Constitution
• Without constitutional standing, the body can be abolished by Parliament
• This has happened many times before
• Establishing the institution in the Constitution makes it permanent but still
provides flexibility by giving Parliament the power to set it up operationally
• This achieves a balance: the certainty of institutional continuity, maintaining
Parliamentary supremacy
Aboriginal and Torres Strait Islander people have
proposed this as their own solution to the silence
in Australia’s system of governance
The referendum proposal
A new section in the Constitution
Proposed s129
• Recognise the special status of Aboriginal and Torres Strait Islander people
as First Peoples
• Create an institution affording Aboriginal and Torres Strait Islander people a
means of making representations to government on matters affecting them
• Empower Parliament to determine how it is set up
The intended outcome is better policy
making, better laws, relating to ‘Indigenous
Affairs’
What will The Voice look like?
• Details not in Constitution because
• Constitution only contains high level powers to make laws
• Flexibility for Parliament to adapt the Voice to contemporary contexts
• Design principles are settled, eg
• Comprises Aboriginal and Torres Strait Islander people selected by their
own communities
• Fixed terms to ensure renewal over time
The threshold question for voters
• Do you agree to the establishment of an Aboriginal and Torres Strait Islander
Voice
Limitations of the voter’s role
• It’s not a legal question
• It’s not a question of detail
• It’s not about other possibilities
• All these decisions have been made
• This is the only proposal on offer, and the only one likely in a generation
• It’s only yes, or no
What we learned from the last referendum:
voters cannot afford to let the perfect be the
enemy of the good

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Understanding the referendum.pptx

  • 1. Understanding the Referendum To establish an Aboriginal and Torres Strait Islander Voice
  • 2. In 2023, Australians will be asked to vote yes or no to a proposal to change the Australian Constitution
  • 3. What you need to know Be an informed voter • Changing the Constitution • Background to the proposal • The proposal • What next?
  • 5. • Parliament’s powers are outlined • No mention of Aboriginal and Torres Strait Islander people • To change requires referendum: majority of people in a majority of states
  • 6. Parliament’s powers • Very high level - no detail • Includes ‘race power’ • …may make laws in respect of the people of any race • This has only ever been exercised in respect of Aboriginal and Torres Strait Islander people • But no consultation is required
  • 7. The special status of Aboriginal and Torres Strait Islander people • Parliament makes special laws about Indigenous people because they are Indigenous • But Parliament uses the ‘race’ power to do this • Our system of governance makes no provision for Aboriginal and Torres Strait Islander people to have a say in these laws
  • 8. Background to the proposal
  • 9. Recognition movement • Multiple government reports over 20 years looking into ‘recognition’ of Aboriginal and Torres Strait Islander people in the Constitution, but no action • Proposals for symbolic recognition • Failed at 1999 referendum • Rejected by Aboriginal and Torres Strait Islander people
  • 10. Uluṟu Statement from the Heart • Regional Dialogues within Aboriginal and Torres Strait Islander communities culminated in consensus statement (2017) • Voice • Treaty • Truth • In that order
  • 11. Enshrined in the Constitution • Without constitutional standing, the body can be abolished by Parliament • This has happened many times before • Establishing the institution in the Constitution makes it permanent but still provides flexibility by giving Parliament the power to set it up operationally • This achieves a balance: the certainty of institutional continuity, maintaining Parliamentary supremacy
  • 12. Aboriginal and Torres Strait Islander people have proposed this as their own solution to the silence in Australia’s system of governance
  • 14. A new section in the Constitution Proposed s129 • Recognise the special status of Aboriginal and Torres Strait Islander people as First Peoples • Create an institution affording Aboriginal and Torres Strait Islander people a means of making representations to government on matters affecting them • Empower Parliament to determine how it is set up
  • 15. The intended outcome is better policy making, better laws, relating to ‘Indigenous Affairs’
  • 16. What will The Voice look like? • Details not in Constitution because • Constitution only contains high level powers to make laws • Flexibility for Parliament to adapt the Voice to contemporary contexts • Design principles are settled, eg • Comprises Aboriginal and Torres Strait Islander people selected by their own communities • Fixed terms to ensure renewal over time
  • 17. The threshold question for voters • Do you agree to the establishment of an Aboriginal and Torres Strait Islander Voice
  • 18. Limitations of the voter’s role • It’s not a legal question • It’s not a question of detail • It’s not about other possibilities • All these decisions have been made • This is the only proposal on offer, and the only one likely in a generation • It’s only yes, or no
  • 19. What we learned from the last referendum: voters cannot afford to let the perfect be the enemy of the good