Simone Lawson
The Voice is a proposed advisory body that would provide permanent representation and recognition for Aboriginal and Torres Strait Islander peoples in the Australian Constitution. The Voice would be able to provide input on decisions, policies, and laws made by the government and parliament that affect Aboriginal and Torres Strait Islander peoples. The Voice has been called for by Aboriginal and Torres Strait Islander peoples and bodies for close to 100 years. It is supported by constitutional law experts, who argue that constitutional enshrinement gives the Voice security, legitimacy, and the best chance of being effective. A referendum will be held on 14 October 2023, where Australians will be asked whether they support an Indigenous Voice to Parliament being enshrined in the Constitution.
| Characteristics | Values |
|---|---|
| Recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia | |
| Permanent representation and recognition for Aboriginal and Torres Strait Islander peoples | |
| Constitutionally protected | |
| Security and certainty | |
| Legitimacy | |
| Improved decisions, policies, laws, and outcomes through First Nations input on matters that affect them | |
| Flexibility and adaptability | |
| Endorsed by First Nations people and the wider public | |
| Provides a route for Indigenous communities to inform policy and legal decisions that impact their lives |
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What You'll Learn
- The Voice will provide permanent representation and recognition for Aboriginal and Torres Strait Islander peoples in the Constitution
- The Voice will be able to advise on matters that directly affect Aboriginal and Torres Strait Islander people, such as changes to native title law
- The Voice will also be able to advise on broader laws and policies that impact Aboriginal and Torres Strait Islander people, such as environmental protection laws
- The Voice will be constitutionally protected, but it will not have veto power or be a third chamber
- Constitutional change gives the Voice security and certainty, as it could only be abolished through another referendum
The Voice will provide permanent representation and recognition for Aboriginal and Torres Strait Islander peoples in the Constitution
The Voice will be a permanent advisory body of Aboriginal and Torres Strait Islander representatives, chosen by their communities, that will provide them with representation and recognition in the Constitution.
The Voice will be established as a new constitutional body in a new chapter (Chapter 9) at the end of the Constitution. The key function of the Voice will be to make representations to the government and parliament on matters relating to Aboriginal and Torres Strait Islander people. This will be constitutionally protected, and the Voice will be empowered to provide advice and input on decisions, policies, laws, and outcomes that affect these communities.
The Voice will not have the power to veto or force the government or parliament to act. Instead, it will be an advisory body only, providing independent advice to parliament and the executive government. This ensures that the Voice cannot be interpreted as a "third chamber" of parliament.
The inclusion of the Voice in the Constitution is significant because it provides permanent recognition and representation for Aboriginal and Torres Strait Islander peoples. Currently, the Constitution does not mention Aboriginal and Torres Strait Islander peoples at all. The Voice addresses this by recognising them as the First Peoples of Australia and acknowledging their significant place in the country's history, present, and future.
Furthermore, embedding the Voice in the Constitution ensures that it cannot be dismantled or undermined by successive governments. This is crucial because previous bodies and attempts to address these issues, such as the National Aboriginal Consultative Committee and the Aboriginal and Torres Strait Islander Commission, lacked constitutional enshrinement and were often disbanded during times of political tension. The Voice, therefore, provides much-needed independence and stability for Aboriginal and Torres Strait Islander peoples to engage with the government in a meaningful and ongoing manner.
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The Voice will be able to advise on matters that directly affect Aboriginal and Torres Strait Islander people, such as changes to native title law
The Voice is an advisory body that will be added to the Australian Constitution to recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia. It will provide permanent representation and recognition for Aboriginal and Torres Strait Islander peoples in the Constitution.
The Voice will be a new body that represents Aboriginal and Torres Strait Islander people from across Australia to provide their input into the decisions, policies, and laws made by the government and parliament. This includes matters that directly affect Aboriginal and Torres Strait Islander people, such as changes to native title law.
The inclusion of the Voice in the Constitution is intended to improve the effectiveness of decisions, policies, and laws by incorporating the input of First Nations people on matters that affect them. The Voice will have a strong popular legitimacy conferred by constitutional change, which will give additional political force to its representations. However, it is important to note that the Voice will not have veto power, and the parliament and executive government will retain final decision-making power over all laws and policies.
The specific details of how the Voice will operate will be determined through the normal legislative process after the referendum. This ensures that the Voice can evolve to meet the future needs of Aboriginal and Torres Strait Islander peoples and Australia as a whole.
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The Voice will also be able to advise on broader laws and policies that impact Aboriginal and Torres Strait Islander people, such as environmental protection laws
The Voice is a proposed federal advisory body that would comprise Aboriginal and Torres Strait Islander people. The Voice will represent the views of Indigenous communities by providing input on decisions, policies, and laws made by the government and parliament. The Voice will be constitutionally protected, and while the government and parliament cannot be compelled to follow the Voice's representations, the input of Indigenous peoples will improve the quality of decisions, policies, and laws that affect them.
The Voice will advise on matters directly affecting Aboriginal and Torres Strait Islander people, such as native title law, and broader laws and policies that uniquely or disproportionately impact them. For example, environmental protection laws are an area where the Voice's input would be valuable. Environmental protection laws may affect Indigenous peoples differently from other Australians due to their strong connection to the land and their unique cultural and spiritual practices associated with it.
Additionally, the Voice could advise on electoral laws, as Aboriginal and Torres Strait Islander peoples have disproportionately low enrolment and participation rates. The Voice's input on these broader policy areas would ensure that the unique perspectives and experiences of Indigenous peoples are considered in decision-making.
The Voice is both a practical and symbolic reform. Practically, it ensures that decisions, policies, and laws impacting Indigenous peoples are informed by their input, leading to better outcomes. Symbolically, the Voice recognises Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia and offers a more inclusive narrative of nationhood.
The inclusion of the Voice in the Constitution provides security and legitimacy. A legislative Voice established through ordinary laws could be vulnerable to being abolished by future governments. In contrast, a constitutionally enshrined Voice could only be removed with the approval of Australians in a referendum, ensuring that the Voice cannot be easily silenced or ignored.
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The Voice will be constitutionally protected, but it will not have veto power or be a third chamber
The Voice is a new body that will represent Aboriginal and Torres Strait Islander people from across Australia. It will provide input into the decisions, policies, and laws made by the government and parliament. The Voice will be constitutionally protected, but it will not have veto power or be a third chamber.
Constitutional protection for the Voice is necessary to ensure its legitimacy and effectiveness. Without being enshrined in the Constitution, the Voice would lack the security and credibility that come with constitutional amendment. A legislative Voice could be abolished by a future government through ordinary law-making processes. In contrast, a constitutionally enshrined Voice could only be abolished through another referendum, giving it lasting power and authority.
The Voice will not have veto power, meaning the government and parliament are not compelled to follow its representations. Instead, it will provide a mechanism for improving decisions, policies, and laws through input from Aboriginal and Torres Strait Islander peoples. This input is particularly important on matters directly affecting these communities, such as native title law, but it can also enhance broader policies with a specific impact, such as environmental protection laws or electoral laws.
Furthermore, the Voice will not be a third chamber of parliament. While it will make representations to parliament and the government, these institutions are not bound to follow them. The Voice's role is to ensure that Aboriginal and Torres Strait Islander peoples have a say in matters that affect their rights, as outlined in the UN Declaration on the Rights of Indigenous Peoples. This recognition in the Constitution is a symbolic and practical reform, empowering Indigenous peoples and creating a more inclusive narrative of nationhood in Australia.
The specific details of the Voice's design and function will be determined through the normal legislative process, allowing for flexibility and evolution. The Voice's establishment in the Constitution sets the key principle of representation while leaving room for adaptation to future circumstances. This balance ensures that the Voice can effectively perform its role while remaining responsive to the changing needs of Aboriginal and Torres Strait Islander communities.
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Constitutional change gives the Voice security and certainty, as it could only be abolished through another referendum
The Voice is an advisory body that will provide permanent representation and recognition for Aboriginal and Torres Strait Islander peoples in the Constitution. The Voice will represent Aboriginal and Torres Strait Islander people from across Australia and provide input into the decisions, policies, and laws made by the government and parliament.
The Voice is both a practical and symbolic reform. Practically, the Voice is informed by decades of research and the experience of people on the ground that decisions, policies, laws, and outcomes are improved when Indigenous peoples are empowered and involved in the process. Symbolically, the Voice offers Australia a chance to design a more inclusive narrative of nationhood, informed and strengthened by the participation of First Nations people.
Constitutional change gives the Voice security and certainty. Once established, the Voice could only be abolished if Australians agreed to that at another referendum. A legislative Voice would be far more vulnerable as it could be abolished by a future government through an ordinary law. The direct approval of the people at a referendum would bestow on the Voice a special credibility and authority. That would give additional political force to the representations of the Voice, even as the parliament and government would be free to ignore them.
The Voice will need to be enshrined in the Constitution to properly perform its role. A legislative Voice would have a relatively weak standing and legitimacy. It could not be expected to speak as loudly as a constitutional body. A pilot period would not necessarily provide Australians with greater certainty about the details of the Voice’s operation.
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Frequently asked questions
The Voice is a body that represents Aboriginal and Torres Strait Islander people from across Australia. It aims to provide input on decisions, policies, and laws made by the government and parliament. Including the Voice in the Constitution gives it security, legitimacy, and protection from being abolished by future governments.
The key function of the Voice is to make representations to the government and parliament on matters relating to Aboriginal and Torres Strait Islander people. This includes both specific issues, such as native title law, and broader policies with a particular impact on these communities, like environmental protection laws.
"Constitutionally enshrining" the Voice means including its core function in the Constitution while enabling the Commonwealth parliament to determine its composition, powers, and procedures through legislation. This provides a balance between protection and the ability to adapt to future circumstances.
A statutory Voice would have weaker standing and legitimacy compared to a constitutional body. It would be more vulnerable to alteration or abolition by future governments. Constitutional enshrinement ensures the Voice's longevity and provides it with the necessary authority to effectively represent Aboriginal and Torres Strait Islander peoples.
