Indigenous Voice to Parliament Facts for Kids

Logo of the Aboriginal and Torres Strait Islander Voice, produced by the National Indigenous Australians Agency

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.

The referendum for the Voice was held on 14 October 2023. It was unsuccessful, as a majority of voters both nationwide and in at least four states (New South Wales, Queensland, South Australia, Western Australia and Tasmania, plus the Northern Territory) voted against the Voice. Had it succeeded, the Australian Constitution would have prescribed the Voice, which would have made representations to the Parliament of Australia and executive government on matters relating to Indigenous Australians. The government would then have designed the specific form of the Voice, which would then have been implemented via legislation passed by Parliament.

Under the government-endorsed design principles of the First Nations Referendum Working Group (aka Referendum Working Group, or RWG), 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. Under alternative proposals, or in the event of an unsuccessful referendum vote, it was legally possible for the Voice to be introduced by legislation rather than enshrined in the Constitution. However, the current government has stated they will not seek to do this in the event of a No vote.

The proposal for the Voice was formally endorsed by Indigenous leaders with the 2017 Uluru Statement from the Heart, delivered at the First Nations National Constitutional Convention. The statement formally petitioned the people of Australia 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.

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. 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.

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. In March 2023, the prime minister released the design principles of the Voice and confirmed that a referendum would occur in 2023. This process is being overseen by Linda Burney, who succeeded Wyatt as Minister for Indigenous Australians. Both parties in the Peter Dutton-led Liberal-National Federal Opposition have announced their opposition to a national Voice, whether legislatively or constitutionally implemented.

Background

Indigenous Australians have long called for better representation, with William Cooper seeking in 1933 to petition King George V for the inclusion of a member of Parliament to represent Indigenous people. However, modern discussion of recognition of Indigenous Australians in the constitution did not begin until 1992, with the Keating Government's response to the Mabo decision. Along with the passage of the Native Title Act, the government proposed that, as a part of a broader social and justice reform package, negotiations should be entered into with Indigenous leaders to develop a mutually acceptable form of constitutional recognition. This did not eventuate however, and formal consultation with Indigenous leaders on a new proposal did not begin again 2012 under the Gillard government. This resulted in the creation of an expert panel, which recommended, amongst other things, the insertion of a prohibition on racial discrimination. The report was not acted on by the government and was criticised by the opposition.

This led to a stalemate, which was not broken until the bipartisan creation of the Referendum Council in 2015.

Indigenous Australians in the Constitution

Two changes to the Constitution have previously been proposed in referendums, to add or remove references to Indigenous Australians. These are the 1967 Indigenous referendum and the 1999 preamble referendum.

Prior to 1967, the federal government did not have the power to create laws specifically for Indigenous Australians, with section 51(xxvi) giving the Parliament the power to make laws with respect to "the people of any race, other than the aboriginal race in any State". This exclusion, along with another provision that prevented the counting of Indigenous Australians in the population for constitutional purposes, was deleted following the 1967 referendum in which over 90% of Australians voted yes to the changes.

The 1998 Australian Constitutional Convention, called to discuss whether or not Australia should become a republic, almost unanimously supported the proposal that a preamble containing a recognition of Indigenous Australians as the original inhabitants and custodians of Australia be inserted into the constitution. This, along with the convention's endorsement of an Australian Republic, was voted on in the 1999 referendum, with both questions being defeated. The first draft of the preamble voted on was written by Prime Minister John Howard, along with poet Les Murray, and was heavily criticised after being released. Indigenous leaders specifically objected to their failure to be consulted and the reference only to the prior occupancy of Indigenous peoples and not their continuing custodianship. A continuing lack of consultation in the creation of the final draft led to Indigenous leaders calling for the preamble question to be dropped. Debate on the preamble question was limited, with much of the focus on the other republic question and the question was eventually defeated, with only 39.34% of Australians voting yes.

Beginning with John Howard in 2007, governments have continually stated their commitment to hold a referendum on constitutional recognition; however, no previous proposal was taken to a vote. In 2017 following the Uluru Statement, debate consolidated around a voice to parliament, as the best form of recognition likely to be both acceptable to Indigenous Australians and passed in a referendum.

Indigenous Voice to Parliament facts for kids

Background

Indigenous Australians in the Constitution

See also