Democracy In Action
Democracy needs to change to remain fit for purpose. The Australian constitution is designed to be updated through referendums. This means that the constitution cannot be altered without ‘the approval of the people’.
The purpose of this section is to help you see democracy in action by using the referendum proposed for 2023 as a case study. You can find information here to understand the process, answer your questions and track developments.
Why is a 2023 referendum to change our Constitution being discussed?
In 2015 the Australian Government established a Referendum Council to advise on progress and steps towards a successful referendum to recognise Aboriginal and Torres Strait Islander peoples in the Constitution.
The Referendum Council led discussions with First Nations communities around the country in 2016. Then in May 2017 over 250 Aboriginal and Torres Strait Islander delegates from all points of the Southern Sky gathered at Uluru in central Australia to issue the 'Uluru Statement from the Heart' to the Australian people. The Statement invites our nation to create a better future for all of Australia.
The Statement from the Heart is an invitation to the Australian people from First Nations Australians. It asks Australians to walk together to build a better future by establishing a First Nations Voice to Parliament enshrined in the Constitution, and the establishment of a Makarrata Commission for the purpose of treaty making and truth-telling.
https://ulurustatement.org/the-statement/
You can find common questions and answers about the Uluru statement here: https://ulurustatement.org/education/faqs/
Each of the three sections described in the Uluru Statement from the Heart - a First Nations Voice to Parliament, a Makarrata Commission and treaty making - require different processes and their own timeframes.
Following the federal election in 2022, the Albanese government committed to holding a referendum on changing the Constitution to recognise First Nations people.
What would a First Nations Voice to Parliament look like? How would it work?
The starting point, Mr Albanese says, is a recommendation to add three sentences 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 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 of the Aboriginal and Torres Strait Islander Voice.
The government has drafted this question and will consult on it before finalising the referendum: "Do you support an alteration to the constitution that establishes an Aboriginal and Torres Strait Islander Voice?"
What does a First Nations Voice to Parliament mean?
The organisation From the Heart has designed an online course to help you understand what a Voice to Parliament is, and is not. You will also learn why a Referendum is required to make it happen. Link: https://www.fromtheheart.com.au/education/#/
The Australian Human Rights Commission explains that ‘the Australian Constitution was intended to unite Australia under the original and continuing agreement of the Australian people, but the first peoples of Australia were not included in this agreement.
When the Australian Constitution was being drafted Aboriginal and Torres Strait Islander peoples were excluded from the discussions concerning the creation of a new nation to be situated on their ancestral lands and territories. The Australian Constitution also expressly discriminated against Aboriginal and Torres Strait Islander peoples. The Australian Constitution did not – and still does not – make adequate provision for Australia’s first peoples. At the federal level, bipartisan support for amending the Australian Constitution in this regard has been maintained since 2007. Bipartisan support was reaffirmed by both major parties as election commitments in the federal election held in August 2010.
The Australian Human Rights Commission has published this fact sheet on Constitutional Reform and recognising Aboriginal and Torres Strait Islander Peoples.
The Australian Electoral Commission explains the stages in the referendum process here: https://www.aec.gov.au/Elections/referendums/
What is Constitutional Recognition? - Behind the News, for school aged children