TNA has created a simplified overview to help members learn about the key details of the Voice and the referendum to change the Australian Constitution.

This document is an incredibly simplified overview of what is a very complicated matter. A number of sources were used to create this overview, listed below, and you are encouraged to use them to find more details. Almost every part of the document has been copied directly from the sources, or occasionally paraphrased.

We also acknowledge that there is also a complex history that has led up to this referendum, which is not explored here.

The Constitution

The Australian Constitution is the basis of Australia’s federal system of governance, and can only be changed through a referendum. To be successful, a referendum requires a double majority, which means a majority of voters in a majority of states vote ‘yes’, and a majority of voters nationally vote ‘yes’.

If the referendum is successful, a new chapter (Chapter 9) will be added to the Australian Constitution.

• This chapter’s introductory words will recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia.
• Subsection (i) will provide for the establishment of the Voice, which will be an enduring institution and independent from government.
• Subsection (ii) sets out the primary function of the Voice: making representations to the Parliament and the Executive Government about matters relating to Aboriginal and Torres Strait Islander peoples. This includes specific matters to Aboriginal and Torres Strait Islander peoples, as well as general matters that may affect them differently.
• Subsection (iii) provides the Parliament with a broad power to make laws about matters relating to the Voice. This allows the Voice to evolve to meet future needs, including its composition, functions, powers, and procedures.

The exact (current) referendum question and the exact words to be added to the Constitution can be found here.

Adding the Voice to the Constitution means that successive governments cannot overturn it without another referendum, like numerous Aboriginal and Torres Strait Islander advisory bodies in the past.

More info on what the Constitution is and what it does can be found here.

What is the Voice?

The Voice will be a new body that represents Aboriginal and Torres Strait Islander people from across Australia to provide their input into the decisions, policies and laws that are made by the government and parliament.

When the government is asked for details on the Voice, it points to a comprehensive report co-authored by Professors Tom Calma and Marcia Langton. While it might change in the future, this is the structure suggested in that report (noting that the composition is determined by the government of the day and can be changed):

The Voice would be made up of two parts: Local and Regional Voices and a National Voice.

The National Voice will have 24 members: 

• Two from each state and territory — 16 all up
• Five from remote communities
• Two from the Torres Strait
• One representing Torres Strait Islanders living on the mainland

There must be a gender balance amongst the members. Individuals will serve four-year terms and can only serve twice. Two full-time co-chairs will be elected by the members themselves. The members of the National Voice will be elected by the Local and Regional Voices.

There will be 35 local Voices representing districts around the country. Each one will be individually designed and run by the communities they represent. The Local Voices will engage with all levels of government: local, state and federal.

There are a set of design principles that are guiding how the Voice will work.

What will the Voice do and not do?

The Voice aims to give Aboriginal and Torres Strait Islander people all around the country a say in government policy. As an advisory body to the Australian parliament and government, the Voice is only there to provide advice. It would not deliver services, manage government funding or mediate between Aboriginal and Torres Strait Islander organisations.

The Voice will not be required to make a representation on every law, policy, or program. The Voice will determine when to make representations by managing its own priorities and allocating its resources in accordance with the priorities of First Nations peoples. Critically, the Voice will be proactive. It will not have to wait for the Parliament or the Executive to seek its views before it can provide them. But nor will the constitutional amendment oblige the Parliament or the Executive Government to consult the Voice before taking action; representations from the Voice would be advisory in nature only.

It will be a matter for the Parliament to determine whether the Executive Government is under any obligation in relation to representations made by the Voice. There will be no requirement for the Parliament or the Executive Government to follow the Voice’s representations. The constitutional amendment confers no power on the Voice to prevent, delay or veto decisions of the Parliament or the Executive Government. The Parliament and the Executive Government will retain final decision-making power over all laws and policies.

Sources and Further Reading

• The Voice website has a lot of key and very easy to read information, including a number of factsheets.
• This ABC article (published May 15^th, 2023) provides a broad overview of everything from the referendum, to how the Voice will work, who is supporting it, and who isn’t.
• This speech from March 30^th, 2023 by The Hon Mark Dreyfus KC MP has some very clear details – the last third is the most useful.
• Another overview of the Voice from The Conversation.
• This article from The Conversation addresses some of the finer details of how the Constitution, Parliament, Government and the High Court interact, and how the Voice fits into that.