Voice to Parliament

Government Law

On 23 March 2023, Prime Minister Albanese announced the wording for the question and constitutional amendment that will be introduced into parliament and later be the subject of a referendum.

Australians will be asked if they approve a proposal “to alter the constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.”

The proposal is to insert the following three clauses into the Constitution in recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

      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 the 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 matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.”

Also on 23 March 2023, the Prime Minster released the design principles of the Voice, which were developed and agreed by the First Nations Referendum Working Group.

The design principles of the Voice include:

      1. Giving independent advice to the Parliament and the Government on legislation and policy of significance to Aboriginal and Torres Strait Islander peoples. It will have its own resources to allow it to undertake research and develop and make representations.
      2. Members will be chosen by Aboriginal and Torres Strait Islander peoples based on the wishes of local communities and will serve for a fixed period of time.
      3. It will be representative of Aboriginal and Torres Strait Islander communities. Members will be Aboriginal and/or Torres Strait Islander according to the standard three-part test. There will be representation from each of the states, territories and the Torres Strait Islands and it will have balanced gender representation.
      4. It will be empowering, community-led, inclusive, respectful and culturally informed.
      5. It will be accountable and transparent and subject to the standard governance and reporting requirements.
      6. It will work alongside existing organisiations and traditional structures and respect the work of those existing organisations.
      7. It will make representations about improving programs and services but will not have a program delivery function.
      8. It will not have a veto power.

Depending on the outcome of the referendum, the voice design principles will be finalised and legislation to establish the Voice will then be introduced to Parliament.

The referendum will run on a Saturday later this year and will be Australia’s first referendum since 1999.

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