Indigenous Voice to Parliament

Polling booth in Brisbane on the day of the referendum

The Aboriginal and Torres Strait Islander Voice, also known as the Indigenous Voice to Parliament, the First Nations Voice or simply the Voice, was a proposed Australian federal advisory body to comprise Aboriginal and Torres Strait Islander people, to represent the views of Indigenous communities.[1]

A referendum to establish the Voice was held on 14 October 2023.[2] It was unsuccessful, with a majority of voters both nationwide and in all states voting against the proposal.[2] Had it succeeded, the Australian Constitution would have recognised Indigenous Australians in the document by prescribing the Voice, which would have made representations to the Parliament of Australia and executive government on matters relating to Indigenous Australians.[3] The government would then have designed the specific form of the Voice, which would then have been implemented via legislation passed by Parliament.[4]

Under the government-endorsed design principles of the First Nations Referendum Working Group (aka Referendum Working Group, or RWG),[5] the membership of the Voice would have been selected by Aboriginal and Torres Strait Islander communities across the country, with an enforced gender balance at the national level.[6][7][8] It remains legally possible however for the Voice (or alternative proposals) to be introduced by legislation rather than by amendment to the Constitution.[9] However, the current government stated before the referendum they would not legislate a Voice in the event of a No vote and have subsequently stuck to this position.[10][11]

The proposal for the Voice was formally endorsed by Indigenous leaders with the Uluru Statement from the Heart, delivered at the First Nations National Constitutional Convention in 2017. The statement formally petitioned the people of Australia[12] to support a voice to parliament in order to address First Nations disadvantage through giving those communities a greater influence on laws and policies that affect them. The concept was rejected at the time by the Liberal-National Turnbull government.[13]

In October 2019, the Liberal-National Morrison government discussed an "Indigenous voice to government" which would be legislated but not enshrined in the Constitution. A co-design process organised by Ken Wyatt was completed in July 2021 proposing for local and regional voices and a National Voice.[14] While the Morrison government committed to implementing the recommendations of the report, no legislation was passed between the release of the report in July 2021 and the election in May 2022.[15]

Following the 2022 election which saw the Albanese Labor government elected, Prime Minister Anthony Albanese pledged that a referendum on a constitutionally enshrined Voice would be held within his term of office.[16] In March 2023, the prime minister released the design principles of the Voice and confirmed that a referendum would occur in 2023.[17][18] The process was overseen by Linda Burney, who succeeded Wyatt as Minister for Indigenous Australians.[16] Both parties in the Peter Dutton-led Liberal-National federal Opposition announced their opposition to a national Voice, whether legislatively or constitutionally implemented.[19][20][21]

  1. ^ "Voice Principles". Australian Government. 9 August 2022. Retrieved 26 May 2023. Members of the Voice would be Aboriginal and/or Torres Strait Islander
  2. ^ a b Worthington, Brett (14 October 2023). "Australians reject Indigenous recognition via Voice to Parliament, referendum set for defeat". ABC News.
  3. ^ "Next Step Towards Voice Referendum: Constitutional Alteration Bill". Prime Minister of Australia. Retrieved 24 March 2023.
  4. ^ Silva, Angelica (16 May 2023) [15 May 2023]. "What is the Indigenous Voice to Parliament? Here's how it would work and who's for and against it". ABC News. The actual structure [of the Voice] would depend on legislation after a "yes vote" in the referendum.
  5. ^ Cite error: The named reference 1stmtgref was invoked but never defined (see the help page).
  6. ^ Cite error: The named reference :14 was invoked but never defined (see the help page).
  7. ^ Allam, Lorena (23 March 2023). "What is the Indigenous voice to parliament, how would it work, and what happens next?". The Guardian. Retrieved 17 April 2023.
  8. ^ Butler, Dan (3 February 2023). "The government is being asked for detail on the Voice. Here's what we know". NITV. Retrieved 17 April 2023.
  9. ^ Silva, Angelica (16 May 2023) [15 May 2023]. "What is the Indigenous Voice to Parliament? Here's how it would work and who's for and against it". ABC News. ...according to constitutional law expert Professor Anne Twomey. "The parliament could still legislate, if it wanted to do so, to establish an Indigenous advisory body... "
  10. ^ Visentin, Lisa (18 November 2023). "Voice fallout: support for treaty plunges after referendum". The Sydney Morning Herald. Retrieved 23 November 2023.
  11. ^ Canales, Sarah Basford (8 October 2023). "Labor won't try to legislate Indigenous voice if referendum fails, Anthony Albanese says". The Guardian. ISSN 0261-3077. Retrieved 8 October 2023.
  12. ^ Davis, Megan; Williams, George (2021). Everything You Need to Know About the Uluru Statement from the Heart. Australia: NewSouth Publishing. p. 145. ISBN 9781742237404.
  13. ^ Wahlquist, Calla (26 October 2017). "Indigenous voice proposal 'not desirable', says Turnbull". The Guardian. ISSN 0261-3077. Archived from the original on 29 October 2017.
  14. ^ Senior Advisory Group (16 September 2022). "Indigenous Voice Co-design Process Final Report". Voice.
  15. ^ Grattan, Michelle (17 December 2021). "There'll be a lot more talk before we hear the Indigenous Voice". The Conversation.
  16. ^ a b Brennan, Bridget (22 May 2022). "Debate over Indigenous Voice to Parliament may define Anthony Albanese's government". ABC News. Retrieved 23 May 2022.
  17. ^ "Voice principles released". Aboriginal and Torres Strait Islander Voice. 9 August 2022. Retrieved 24 March 2023.
  18. ^ "Press Conference – Parliament House". Prime Minister of Australia. Retrieved 24 March 2023.  This article incorporates text from this source, which is available under the CC BY 4.0 license.
  19. ^ Hitch, Georgia (5 April 2023). "Liberal Party confirms it will oppose the Indigenous Voice to Parliament". ABC News.
  20. ^ Worthington, Brett (28 November 2022). "Nationals to oppose Indigenous Voice to Parliament". ABC News.
  21. ^ "Former MP Ken Wyatt quits Liberals after party decides not to back Voice". ABC News (Australia). 6 April 2023. Retrieved 6 April 2023.

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