What is the Referendum Question?
On 19 June 2023, Parliament agreed the Referendum question would be as follows (voters will be asked to vote 'yes' or 'no'):
“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?”
Find out more and read the proposed constitutional amendment: https://voice.gov.au/referendum-2023/referendum-question-and-constitutional-amendment
What is an Aboriginal and Torres Strait Islander Voice?
Explainer:
The Voice is a longstanding proposal that comes from Aboriginal and Torres Strait Islander peoples. In 2017, more than 250 Aboriginal and Torres Strait Islander delegates from Indigenous communities across Australia came together to draft the historic Uluru Statement from the Heart, an invitation to the Australian people to walk together toward a better future. One of the critical steps it called for was a constitutionally protected body of Aboriginal and Torres Strait Islander representatives which will share advice on policy and laws impacting their communities.
The First Nations Voice is the first proposal contained within the Uluru Statement from the Heart. It is a constitutionally protected body of First Nations people which will advise the Federal Parliament and the executive government on legislation and policy of significance to Aboriginal and Torres Strait Islander peoples.
What has been said:
“This is a very simple concept: recognition of Aboriginal and Torres Strait Islander peoples as the first peoples of this country… And the most meaningful way that we can do that is through a constitutionally guaranteed Voice. Bringing the voices of Aboriginal and Torres Strait Islander peoples, who know how their communities work, who know how their families work, closer to where decisions are being made.”
Quandamooka man Dean Parkin, Campaign Director, Yes23.
Find out more:
https://ulurustatement.org/education/faqs/
How will the Voice work?
Explainer:
If the Referendum vote is successful, Parliament will then design the Voice via legislation. The proposed Constitutional amendment states that the Voice “may make representations” to Parliament. The Voice will have no veto power and will have no role in passing legislation.
The First Nations Referendum Working Group advising the government has published a set of Design Principles to guide the process of establishing the Voice, including that the Voice will be independent, chosen by First Nations People and be representative of First Nations Communities.
What has been said:
“It’s a Voice for Indigenous people at the grassroots that can be heard by the people who make laws and policies that affect our lives. The Voice gives us an opportunity to speak, and importantly, to be heard. They will be heard because the moral weight of the Australian people in the Referendum means that that Voice has power.”
Arrernte/Kalkadoon woman Rachel Perkins,
Indigenous filmmaker and co-chair of Australians for Constitutional Recognition.
Find out more:
https://ulurustatement.org/education/design-principles/
Will the Voice make a difference?
Explainer:
A Voice to Parliament will further the self-determination of Aboriginal and Torres Strait Islander peoples by giving them a greater say on matters that affect them. A Voice will mean the Government will have better quality information about First Nations communities and issues, provided directly from communities themselves. Information from communities will result in better quality laws and policies, better targeted investment and ultimately better outcomes for First Nations people across many sectors.
What has been said:
“I genuinely believe that this is the best chance to address the injustices of the past and create structural change that will deliver a better future. The Voice is fundamentally about improving the lives of Indigenous Australians. It's about drawing a line on the long history of failed policies and programs in Indigenous affairs. It's about making sure that the voices of Aboriginal and Torres Strait Islander Australians are heard on the matters that affect them.”
Wiradjuri woman Linda Burney, Indigenous Australians minister
Find out more:
https://ulurustatement.org/education/faqs/
Does the Uniting Church support the Voice?
Explainer: In a joint statement, President of the Uniting Church in Australia Rev Sharon Hollis and Uniting Aboriginal and Islander Christian Congress (UAICC) Interim National Chair Rev Mark Kickett affirmed their strong support for a Voice to Parliament as a critical step toward honouring the sovereignty of First Nations Australians in this land and furthering the work of truth-telling and treaty. The Assembly Standing Committee (ASC) in March declared the support of the Uniting Church in Australia for the change in the constitution to recognise an Aboriginal and Torres Strait Islander Voice to Parliament.
What has been said:
“In the same way the 1967 Referendum brought Australians together, this is an opportunity for all of us to unite in a big way as we seek to restore justice and promote healing for First Nations people in this land.”
Noongar man Rev Mark Kickett, National Interim Chair UAICC
Find out more:
https://uniting.church/voice/
Having heard from UAICC, and noting there is a diversity of views, the Assembly Standing Committee (ASC) resolved to declare the support of the Uniting Church in Australia for the Voice to Parliament. The ASC's decision acknowledged the UCA's covenant relationship with Congress which commits it to stand in solidarity with First Nations people in seeking a more just church and nation. The ASC acknowledged the significant of this moment in our nation’s history and committed to resourcing the church in support of the “Yes” campaign. Over the coming months the Assembly will seek to encourage and provide opportunities and resources for respectful dialogue and consideration about the Voice.
The Assembly is the national council of the Uniting Church. The Assembly Standing Committee is elected at the Triennial Assembly meeting of the Assembly and has the responsibility of providing governance and leadership to the Church during the Triennium.
What has been said:
“The Voice is a chance for this nation to start listening to the many voices that sit on, around and in country, it’s about truth telling, it’s about treaty and it’s about justice and it’s about the one opportunity we have to dig deep into the injustices that we walk on, work on and heal on every day.”
Palawa woman Alison Overeem, ASC member
Find out more:
https://uniting.church/asc-declares-support-for-voice/
Explainer: Like the Uniting Church’s covenant relationship with UAICC, the Uluru Statement is an invitation from First Peoples. At the 5th Assembly meeting in 1988, UAICC leaders called for a Covenant to bind the Uniting Church and UAICC together in relationship under God. It was the 7th Assembly in 1994 that formalised this Covenant.
In 2009 we endorsed the Revised Preamble – a change to the Constitution of our Church, felt to be necessary because our constitution says something about who we are, our identity. We have a similar opportunity to say something about who we are, our identity as a nation, by embedding the recognition of First Peoples Voice in our national constitution.
One of the key acknowledgements in the Preamble is that the Spirit was in the land before the arrival of the colonisers, revealing God through law, custom and ceremony and that as a result First Peoples have particular insights into God’s ways and we should listen to them. The Voice is an invitation to the nation to hear the particular insights of First Peoples, concerning laws and regulations concerning them, and we should listen to them.
What has been said:
“We pray that God will guide you together with us in developing a covenant to walk together practically so that the words of your statement may become tangible expression of His justice and love for all creation. We ask you to remember this covenant by remembering that our land is now also sustaining your people by God's grace.”
Pastor Bill Hollingsworth,
the UAICC Congress Chairperson in 1994 who responded on behalf of Congress to the Covenant Statement.
Find out more:
https://uniting.church/covenanting/
Explainer: The Design Principles outlined by the First Nations Referendum Working Group advising the government say the Voice will be selected by and representative of Aboriginal and Torres Strait Islander communities. This means:
- 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.
What has been said:
"The really important message from the dialogues (which led to the Uluru Statement) was that there is no Voice that exists now that represents who we are and what we want. That's a really powerful message."
Alyawarre elder Pat Anderson, Co-Chair of the Uluru Dialogue, social justice advocate.
Find out more:
https://ulurustatement.org/education/design-principles/
Explainer:The Uluru Statement is a road map to treaty at a national level. The signatories to the statement designed a sequenced reform in which a Voice to Parliament is the first step, and treaty-making follows. They decided to start with the Constitution as the highest law in the land as the best way to ensure tangible outcomes to improve the lives of First Nations people.
What has been said:
“It was determined by the First Nations that you cannot enter into any treaties with the state as First Nations Peoples if we don’t first have recognition of our Voice. The bulk of our people require enormous amounts of support and resources to get to the threshold of entering into what they call treaties or agreements.”
Cobble Cobble woman Prof Megan Davis,
Uluru Dialogue Co-chair and constitutional lawyer
Find out more:
Presentation by Nathan Tyson: The Statement from the Heart: Voice + Treaty + Truth
Explainer: First Nations members of parliament are elected to represent their electorates – they speak for their constituents and represent the political party under which they are elected. Those who participated in the Regional Dialogues that culminated in the Uluru Statement do not seek to be politicians. They simply want a say in matters that impact them.
What has been said:
“It is important to distinguish that the 11 Aboriginal MPs and senators represent all constituents in their electorate and do not have a sole focus on Indigenous issues, just like all other representatives of parliament. Just because I am Aboriginal doesn't mean I only speak for Aboriginal people — I have to represent local businesses, farmers, multicultural communities, non-Indigenous people, the whole of Lingiari. The Voice to Parliament will be a body that advises directly on issues that affect Indigenous people and be represented by First Nations from the grassroots.”
Tiwi and Anmatjere woman Marion Scrymgour,
Member for Lingiari, NT
Find out more:
https://ulurustatement.org/education/faqs/
Explainer: Despite the official stance of the Coalition on the referendum, there is widespread support for the Voice across party lines.The closing line in the Uluru Statement is “We invite you to walk with us in a movement of the Australian People for a better future.” It is the people not the politicians who will decide the outcome.
What has been said:
“The prime minister Anthony Albanese’s vote will have as much power as a carpenter from Campbelltown, and opposition leader Peter Dutton’s vote will count the same as a barber from Boonah.”
Quandamooka man Dean Parkin, Campaign Director, Yes23
Explainer:
The Constitutional Expert Group comprising nine experts (including former High Court judge Kenneth Hayne) and chaired by the Commonwealth Attorney-General has advised that a First Nations Voice will not give First Nations peoples special rights. All Australians have the right to make representations to Parliament, which is guaranteed by the constitutional Implied Freedom of Political Communication. The First Nations Voice is simply a permanent one.
In Australia today, First Nations people continue to experience lower quality of life outcomes than non-Indigenous Australians. Despite good intentions, governments, and parliaments by themselves cannot provide lasting solutions without working with First Nation community leaders. A Voice to Parliament provides a mechanism for Indigenous people to advise politicians about what really works in their communities. This will not create special privileges for Indigenous people that others don’t have. Rather it is a first step towards building a stronger relationship between Indigenous and non-Indigenous Australians and closing the gap.
What has been said:
"Aboriginal and Torres Strait Islander peoples do not want special treatment; we ask that those who decide how best to support our self-determination respectfully include us in that decision-making process. Australians are tasked with considering how they wish to contribute to designing their future with Aboriginal and Torres Strait Islander peoples. This is an essential and potentially really exciting time in our shared history when we can be again proud of how we responded to the call from the central desert and Heart of our nation."
Kym Korbe, a Koa, Kuku Yalanji woman with historical ties to Wakka Wakka, Uniting Care Queensland, Manager RAP Program
Find out more:
https://lens.monash.edu/@politics-society/2023/02/27/1385518/voice-to-parliament-debunking-10-myths-and-misconceptions
Explainer: By enshrining the Voice in the Constitution, it will not be able to be abolished by the Parliament/the government of the day. It will also not be afraid to give frank and fearless advice. Its composition, powers and procedures will, however, be able to be amended by Parliament to ensure its effectiveness.
What has been said:
“You look at ATSIC, and because they were established by legislation as a commission, they were able to be shut down. The National Congress, which we established as a company limited by guarantee, closed down because the government chose not to fund it. That’s why there is a strong move to get us into the Constitution.”
Aboriginal elder Tom Calma, (Kungarakan, Iwaidja), 2023 senior Australian of the Year.
Find out more:
https://lens.monash.edu/@politics-society/2023/02/27/1385518/voice-to-parliament-debunking-10-myths-and-misconceptions
Explainer: The Voice is an advisory body and its purpose is to provide advice to help inform laws policies and programs that will help address disadvantage and close the gap. The proposed constitutional amendment states that the Voice may make representations to both Parliament and the Executive Government, meaning cabinet and the public service could be advised by the Voice. The inclusion of Executive Government is critical to ensure First Nations voices are heard at the time laws and policies are being developed.
What has been said:
“It is inconsistent to argue on the one hand that the Voice must achieve practical results, and on the other hand that its constitutional role in giving advice on policy must be removed…The Executive is where most of the important decisions impacting Indigenous communities are made.”
Noel Pearson (Guugu Yimidhirr) and Dr Shireen Morris (Joint Select Committee submission)
Find out more:
https://voice.gov.au/about-voice
Misconceptions
Amending the Constitution to provide First Nations peoples with a Voice to Parliament does not give special rights for Aboriginal and Torres Strait Islander peoples, nor discriminate based on race. Rather it acknowledges that Aboriginal and Torres Strait Islander peoples are the First Peoples of Australia. The aim is not to create division but to foster greater cooperation between Indigenous and non-Indigenous Australians. A successful referendum on the Voice to Parliament will mean the Australian people have emphatically said that we want Parliament to listen to First Nations people, thereby signalling that we have accepted the invitation in the Uluru Statement from the Heart to walk together for a better future.
What has been said:
“Recognising Aboriginal and Torres Strait Islander peoples as the First Peoples of this nation, that in itself is an important thing. It says something about who we are as a nation — that we are welcoming and diverse and honest. It means that every Australian can connect their story to the history of this country.”
Quandamooka man Dean Parkin, Campaign Director, Yes23.
Find out more:
https://lens.monash.edu/@politics-society/2023/02/27/1385518/voice-to-parliament-debunking-10-myths-and-misconception
Explainer: Although there are some high-profile Indigenous Australians who do not at this point in time support the Voice, a significant proportion of First Nations people do support the Voice. Recent polling by YouGov found that 83% of First Nations people support the Voice, a previous poll in January by IPSOS, found 80% support.
What has been said:
“The fact that Aboriginal peoples have a diversity of opinions on the Uluru Statement, and particularly on the Voice, does not mean that the Statement or the Voice have no support. It just indicates a high level of interest in the range of issues that the Statement From The Heart seeks to address. Things such as Treaty, sovereignty, land rights, and the wellbeing of our people and communities are very important, and in many ways are issues of life and death for our families and communities. Consequently, there are some strongly held views on both sides of the discussion, and that is OK...
We know the status quo isn’t working. We know we need better outcomes for our First Nations peoples. Aboriginal and Torres Strait Islander peoples deserve to be able to have a proper say on matters that affect us. That is why I am voting Yes.
Nathan Tyson, Aboriginal man of Anaiwon/Gomeroi descent. Manager, First Peoples Strategy and Engagement, NSW/ACT Synod
Find out more:
https://www.watoday.com.au/politics/federal/yes-vote-for-the-voice-is-leading-in-every-state-and-territory-poll-20230429-p5d482.html
Explainer: The advice given by the Voice is non-binding. This means the Voice cannot cancel, overturn or override decisions of the Parliament or the Executive Government. The Voice would not undermine Parliamentary or Government decision-making processes. Australia’s Solicitor-general Stephen Donaghue KC has said the proposed Indigenous Voice to Parliament would "enhance" Australia's system of government, saying it would "pose any threat" to the nation's parliamentary democracy. It is also supported by the Law Council of Australia.
What has been said:
“There is no obligation upon Parliament or the Executive Government to respond to the representations or give effect to them. There is no obligation of prior consultation. There is no requirement to wait to receive a representation before the Executive Government of Parliament can act.”
Professor Anne Twomey (Join Select Committee Submission)
Explainer: The most successful referendum in Australia’s history of referendums was in relation to Aboriginal people (1967). More than 90% of Australians voted ‘yes’ to amending two sections of the Constitution to ensure that Aboriginal and Torres Strait Islander peoples would be counted as part of the population, and that the Commonwealth would be able to make laws for them.
And although bipartisan/multi-party support would be preferable (and has been crucial to the success of previous referendums), it’s arguably no longer a determinative factor due to the changing political and social media landscape. The result of the marriage equality postal survey, where Australians voted “Yes” despite a lack of bipartisan support, is indicative of this.
What has been said:
“It is a modest request, but a profound proposal, because Indigenous people are being asked to be let in, despite everything, we want to be part of this country … we want to share our home with you and all we ask for is a guaranteed voice in our own affairs.”
Arrernte/Kalkadoon woman Rachel Perkins,
Indigenous filmmaker and co-chair of Australians for Constitutional Recognition.
Find out more:
https://lens.monash.edu/@politics-society/2023/02/27/1385518/voice-to-parliament-debunking-10-myths-and-misconceptions
For more great FAQs go to:
Yes23: https://yes23.com.au/faqs-about-the-referendum
Uluru Statement: https://ulurustatement.org/education/faqs/
Monash University: https://lens.monash.edu/@politics-society/2023/02/27/1385518/voice-to-parliament-debunking-10-myths-and-misconceptions
Anglican Church Southern Queensland: https://anglicanfocus.org.au/2023/05/01/uluru-statement-including-voice-to-parliament-referendum-resources-for-clergy-and-lay-leaders/ -Thank you to Anglican Church Southern Queensland for sharing this resource from which some information is included above