THE VOICE REFERENDUM



What is the Referendum Question?

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?

Below are some other frequently asked questions about the Voice Referendum.

Frequently Asked Questions

What is a referendum?

A referendum is when all Australian citizens of voting age cast a vote on whether to change the Australian Constitution. The only way to change our Constitution is by holding a referendum. The Constitution cannot be altered without ‘the approval of the people’. 

For a referendum to succeed, a 'double majority' must be achieved. That is: 

  • a national majority of voters in the states and territories

  • a majority of voters in a majority of the states (i.e. at least four out of six states).

* The votes of people living in the ACT, the NT plus any of Australia’s external territories count towards the national majority only.

How do I mark the ballot paper to indicate my choice?

Read the instructions on the ballot paper carefully, and follow them. On the referendum ballot paper you need to indicate your vote by clearly writing:

  • YES in the box if you approve the proposed alteration, OR

  • NO in the box if you do not approve the proposed alteration.

To see a sample ballot paper and practice voting, click HERE.

How can I enrol or check my enrolment details?

You can enrol to vote, check your enrolment details, or update your enrolment details HERE.

Where can I find the Australian Electoral Commission’s ‘YES/NO' pamphlet online?

To download the YES/NO pamphlet or find the booklet in a language other than English, click HERE.

*The AEC was not involved in the development of the content in the Yes and No cases. The words in the Yes and No cases are as supplied by the respective parliamentary committees who wrote each case.

What will the 2023 referendum achieve? 

A successful referendum achieves two things - Aboriginal and Torres Strait Islander peoples will be recognised in our Constitution as the First Peoples of Australia and an advisory committee called the Aboriginal & Torres Strait Islander Voice will be established. The advisory committee, called the Voice, will create a stable communication channel between First Nations people and the federal Parliament + Government Ministers. It will also show First Nations people that other Australians care about their wellbeing and want better outcomes for them. 

How will a Voice to Parliament work? 

The Voice will be an independent advisory committee for Aboriginal & Torres Strait Islander people. It will advise Parliament and Executive Government when they are designing or changing laws or policies that impact on First Nations people. The federal Government received the power to make laws for First Nations people since the 1967 referendum however outcomes for First Nations people have not improved, as was hoped at that time. 

A permanent advisory committee will give First Nations people a say on practical matters affecting them, eg closing the education gap for First Nations people, reducing incarceration of Indigenous youth, access to culturally appropriate health services, fixing overcrowded housing in remote regions, and lasting employment options. 

How will representatives of the Voice committee be chosen? 

The Federal Government will consult Aboriginal and Torres Strait Islander communities, the Parliament and the broader public to design the Voice. The First Nations Referendum Working Group designed a set of principles for choosing the Voice committee members, for example, ‘to ensure cultural legitimacy, the way that members of the Voice are chosen would suit the wishes of local communities and would be determined through the post-referendum process’. If the Voice isn’t improving outcomes for First Nations’ people, Parliament can review and amend the process in collaboration with First Nations’ communities. 

Why does the Voice require constitutional amendment? 

Previous national Indigenous advisory committees, such as ATSIC, have been dismantled by both Labor and Coalition governments. Writing the Aboriginal & Torres Strait Islander Voice into the Constitution means there will be a permanent committee giving First Nations peoples a more stable communication channel with federal Parliament and Executive Government. 

How will a Voice to Parliament affect the passing of legislation?

The Voice will not slow down or impede the passing of legislation. It is normal for Members of Parliament to consult with advisory groups, e.g. Farmers Federation, Business Council of Australia, ACOSS and private lobbyists, when debating proposed legislation. The Voice committee will let Parliament know how proposed legislation will impact Aboriginal and Torres Strait Island people. 

Federal MPs are legally required to consult when making new laws (Section 17, Legislation Act 2003  2003) and must describe the nature of any consultation they carried out. If no consultation occurred they must explain why in the Explanatory Statement accompanying the draft law.

Will the referendum actually help Aboriginal people?

Constitutional recognition of First Nations people lets federal Parliamentarians know that we, the Australian community, want them to listen to Indigenous people. Having a stable communication channel means the Voice committee can share what has worked in the past and what hasn’t. In the past effective programs designed and delivered by Indigenous people, eg Community Development Employment Program (CDEP), have been cut out with a change of government. Indigenous people say ‘Nothing about us, without us.’ If Australians vote no in the referendum, nothing will change for First Nations people. 

Do we have any data/information on what Aboriginal communities think about establishing a Voice? I heard some don’t approve.

In 2016/17 twelve community dialogues were held by Indigenous representatives with Indigenous peoples around Australia (each dialogue was 2 days long). The majority of participants at each regional meeting chose constitutional recognition and a Voice to Parliament from a range of options. 

There are 300 Aboriginal and Torres Strait Islander nations across Australia. As in any community, there are a range of positions about the referendum. Some First Nations people on the political right feel the referendum question is going too far. Some First Nations people on the political left feel the change doesn’t go far enough. Disagreements are easy stories for the media to tell and generate attention grabbing headlines, so are frequently reported. However, the solution we are being asked to vote on offers a middle path based on good parliamentary consultation. 

Will Aboriginal people lose any of their current benefits if the Voice is successfully established?

No. 

If it’s a ‘no’ result, what’s the contingency plan? 

Legislating a Voice to Parliament is a possible contingency plan. However, legislated bodies can be overturned if there is a change of government at an election. A ‘no’ vote also means any legislation will be resisted by conservative parliamentarians. A ‘no’ result will mean that there would be no constitutional recognition of Indigenous Australians and the distressing circumstances they live in remain the same. 

How can we tell apart the noise from the facts in the media? 

Start with trustworthy sources, eg Federal government site, Yes & No pamphlets on Australia Electoral Commission website, Multicultural Australia for Voice, read the Uluru Statement from the Heart in your language, find out more about the history of previous First Nations advisory groups who were abolished, hear from Aboriginal leaders about why a Voice is being called for. Once you have a solid framework, then you will be able to identify opinion (noise) vs facts in the media. Think twice before sharing stories on social media - is the information from a trustworthy source?

If the referendum gets accepted will it help to bridge the gap between Indigenous and non-Indigenous Australians?

Yes. It will send a clear message that non-Indigenous Australians want better outcomes for Indigenous Australians. It will let federal Parliamentarians know they have a responsibility to listen to First Nations communities and make well informed decisions about better housing, water, education and health. A ‘no’ vote could have a very negative effect on Indigenous people, particularly 15 - 34 year olds who are the most numerous age group in the national Indigenous population. 

Why is the government waiting to start the campaign?

The 2023 referendum was first announced by Prime Minister Albanese at the Garma Festival in August 2022. A Federal government site was established in late 2022. There are multiple organisations and peak bodies campaigning for and against constitutional recognition and a Voice to Parliament. 

The education for the general community is so unclear. The average Australian has no idea what this means and people from CALD communities even less so. Is anything going to change? The best way to improve the material for CALD communities is to give your feedback to peak organisations that more targeted material is required. The two best organisations to contact are Multicultural Australia for Voice and the National Indigenous Australians Agency on 02 6271 5111. 

What can non-Indigenous people do right now?

Listen, find out why First Nations people are asking for a Voice to Parliament, talk to your friends and neighbours to make sure they know where to get accurate answers to their questions. 

Where can I find more information?

Here are some helpful links -

The Federal Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum reviewed submissions made about the proposed wording for the Constitution.

Read more about the inquiry - Joint Select Committee - Voice Referendum Inquiry
and view submissions to the inquiry.