The Aboriginal and Torres Strait Islander Voice

History

In the past 30 years, at a national level, there have been at least seven representative organisations for Indigenous people, including:

• The National Aboriginal Consultative Committee from 1972 to 1977
• The National Aboriginal Conference from 1977 to 1985
• ATSIC from 1989 to 2005
• The Council for Aboriginal Reconciliation from 1991 to 2000
• The National Indigenous Council from 2005 to 2007
• The National Congress of Australia's First Peoples from 2009 to 2019
• The Prime Minister's Indigenous Advisory Council from 2013 to 2019

Billions of taxpayer dollars have been spent, but the results speak for themselves — statistics on education, housing, domestic violence and health are a national disgrace.

Over 24 years ago, in 1999, then Prime Minister John Howard promised Indigenous recognition in the Constitution. It is 12 years since Prime Minister Gillard established a panel to guide discussions on constitutional recognition, and it is six years since First Nations people explained what they wanted that to look like, through the Uluru Statement from the Heart.

The Uluru Statement 

The Uluru Statement from the Heart is imbued with cultural authority. 26 May 2023 marked six years since the Uluru Statement from the Heart was issued. It emerged from a series of meetings of Indigenous Australians, community organisations and key stakeholders between December 2016 and May 2017. This process, known as the dialogues, involving thousands of people from across the nation, discussed the structural problems facing our Indigenous communities, from health to housing, education, suicide, youth detention and domestic violence.

The Voice

At the moment, parliament does not have a systematic process for our First Peoples to provide input, meaning that policy is often made for them rather than with them. The Albanese government seeks a new spirit of partnership between parliament and First Nations people. Empowering First Nations people is at the heart of our approach to closing the gap and aligns with our common values as Australians of fairness and decency.

The Prime Minister has proposed the following additions to the Constitution.

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 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 the composition, functions, powers and procedures.

Guiding principles of the Voice are likely to be the following:

1. The Voice will give independent advice to the Parliament and Government
2. It will be chosen by Aboriginal and Torres Strait Islander people based on the wishes of local communities.
3. It will be representative of Aboriginal and Torres Strait Islander communities, gender-balanced and include youth.
4. It will be empowering community-led inclusive, respectful, and culturally informed.
5. It will be accountable and transparent.
6. It will work alongside existing organisations and traditional structures.
7. It will not have a program delivery function.
8. It will not have a veto power.

Your Questions Answered

How will the Voice help?

Everyone knows you get better results by listening to people on the ground, and letting them have a say on the laws and policies that affect them. That’s what the Voice will do – Aboriginal and Torres Strait Islander Australians will have a say on the policies that affect their communities, which will improve lives. The Voice is about improving the lives of Aboriginal and Torres Strait Islander people in practical ways, health, education and housing.

Is there enough detail about the Voice?

Yes, there is enough information. The Voice is about two things: recognition and consultation. The Voice will be an advisory body, made up of Aboriginal and Torres Strait Islander Australians who will provide advice to Parliament and Government on issues affecting Aboriginal and Torres Strait Islander communities. The Voice members will be chosen by their community, and will include people of all ages from all over Australia. The Voice won’t run programs or have veto power over laws or policies.

How is a constitutional change different to a normal Act of Parliament?

The Constitution is our nation’s founding document. It isn’t like a normal Act of Parliament– it sets out the principles of how we are governed. For example, the Constitution gives the Federal Government the power to build and operate our Defence forces, but it doesn’t say how many troops, or types of equipment they use. Similarly, Parliament is told to create a Voice to Parliament, and Parliament will create it in the same way it makes laws about everything else. The Constitution can only be changed through a referendum.

Will it be a third chamber?

No. It will be an advisory body only, made up of Aboriginal and Torres Strait Islander Australians who will give advice to government and Parliament on the issues that affect their communities, so that better laws and policies will be made. They won’t distribute funding or have veto power.

Do all First Nations people support the Voice?

The Voice came from the largest consensus of Aboriginal and Torres Strait Islander Australians on a proposal for recognition in Australian history. We know that polling shows that 4 out of 5 Aboriginal and Torres Strait Islander people support the Voice. No community or group of people agree on everything – but it’s clear that the vast majority of Aboriginal and Torres Strait Islander Australians support a Voice to Parliament.

We will be asked in a referendum whether we support a modification to the Constitution that establishes an Aboriginal and Torres Strait Islander Voice. To be successful, a 'yes' vote must be supported by a majority of Australian voters and a majority of voters in at least four states.

Where did this idea for a Voice come from?

The call for a Voice comes from the Uluru Statement from the Heart back in 2017. The Uluru Statement was endorsed by the largest consensus of Aboriginal and Torres Strait Islander Australians on a proposal for recognition in Australian history. The Statement called for a First Nations Voice to be enshrined in the Constitution. We are answering that call.

What’s this about sovereignty?

The Aboriginal and Torres Strait Islander Voice will not affect the sovereignty of any person, group or body. Australia’s leading constitutional experts have confirmed this, including former High Court judges. The vast majority of Aboriginal and Torres Strait Islander leaders also agree that this will not affect sovereignty.

We will be asked in a referendum whether we support a modification to the Constitution that establishes an Aboriginal and Torres Strait Islander Voice. To be successful, a 'yes' vote must be supported by a majority of Australian voters and a majority of voters in at least four states.

Local support for the Voice to Parliament

Earlier this year, I hosted our Higgins Voice Forum. We were joined by the Hon Linda Burney MP the Minister for Indigenous Australians, Uncle Shane Charles, Mark Leibler AC and Rueben Berg. We discussed the process that led to the Uluru Statement from the Heart, the importance of constitutional recognition, and what a yes vote will mean for our First Nations peoples. I was proud to see our Higgins community so supportive of this historic campaign. I also hosted a Voice update where we were joined by the Hon Senator Penny Wong the Minister for Foreign Affairs, Glenn Loughrey, Uncle Shane Charles, Marg Hepworth, Ro Bailey, Danae Bosler and Keith Gove to discuss the trajectory of the yes campaign.

For more information on local initiatives, keep up to date with Initiatives of Change, a local not-for-profit organisation.

More information is available at yes23.