Voice - Legal Education website
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    • Understanding the Australian Constitution >
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    • Overview of the Voice >
      • The Referendum Question & Proposed Constitutional Amendment
      • Design Principles
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    • Legal Impact of the Voice >
      • Legal Analysis by the Experts
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    • History of the Voice >
      • The Dialogues
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  • Case for Yes
    • Understanding the Yes Case
    • The Yes Pamphlet
    • Resources and Opinions on Yes >
      • Anderson - Addressing some Concerns about the Voice
      • Collins - Why the Voice Deserves Our Support
      • McIntyre - Be the Voice
  • Case for No
    • Understanding the No Case
    • The No Pamphlet
    • Resources and Opinions on No >
      • The 'Progressive No' Case
  • Resources
    • Video Resources
    • Audio Resources
    • Expert Explainers >
      • EE1: Twomey - The Yes/No Pamphlet
      • EE2: Perche - How a Referendum Works
      • EE3: Brennan & Appleby - The Uluru Statement History
      • EE4: Holland- Representative bodies in historical context
      • EE5: McDonald- Federalism and a First Nations Voice
      • EE6: Koch & Olijynk - The SA Voice
      • EE7: Jones - Lessons from Past Referendum
      • EE8 - Walker - The Impact of Foreign Money on the Referendum
    • Recommended Links
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The REferendum Question and Constitutional Amendment

The Referendum question

On referendum day, voters will be asked to vote 'yes' or 'no' on a single, simple question. The question on the ballot paper will be:
“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?”
This question is designed to allow voters to clearly convey their choice with a simple YES or a NO.

The Constitutional amendment

Notably, thought, the simple question does not itself provide the voter with substantive information about what it, and is not being proposed. Some greater detail is provided in the terms of the proposed alteration referred to in the above question

The proposed law that Australians are being asked to approve at the referendum would insert the following lines into the Constitution
“Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples


129 Aboriginal and Torres Strait Islander Voice


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.”
Even this wording - while thick with significance and detail to constitutional lawyers - will mean very little to most Australians. That is why it is so important that the public take time to educate themselves ahead of referendum day. The pages of this site are designed as a one-stop-shop to help the public understand just want these technical terms mean.

We recommend people concerned about the legal significance of the terms used in the proposed amendment familiarise themselves with the following pages:
Overview of the VOice
​
Legal Impact of the Voice
Solicitor-General's Opinion

FUrther Resources

More information about the Parliamentary processes that have led to the referendum (including the Constitution Alteration Bill and the Advisory Report on the Constitution Alteration) are available here:
  • Constitution Alteration Bill (Aboriginal and Torres Strait Islander Voice) 2023
  • Advisory Report of the Joint Select Committee on the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) (2023)
  • Australian Government Response to the Joint Select Committee Advisory Report on the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023
Information about the referendum, and how referendums work, is available on the official government Voice website:
  • Australian Government - Voice: Referendum 2023
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The Voice Legal Literacy Project

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Authorised by Joe McIntyre, Voice Legal Literacy Project, UniSA: Justice & Society, University of South Australia, 224 Hindley Street, Adelaide, SA
  • Home
  • Legal Context
    • Understanding the Australian Constitution >
      • What is a Constitution?
      • The Australian Constitution
      • Changing the Constitution
      • History of Referendums
    • Courts and the Constitution
    • Legal Language
  • The Voice
    • Overview of the Voice >
      • The Referendum Question & Proposed Constitutional Amendment
      • Design Principles
      • Law Council of Australia - FAQs
    • Legal Impact of the Voice >
      • Legal Analysis by the Experts
      • Solicitor-General's Opinion
    • History of the Voice >
      • The Dialogues
      • The Uluru Statement
  • Case for Yes
    • Understanding the Yes Case
    • The Yes Pamphlet
    • Resources and Opinions on Yes >
      • Anderson - Addressing some Concerns about the Voice
      • Collins - Why the Voice Deserves Our Support
      • McIntyre - Be the Voice
  • Case for No
    • Understanding the No Case
    • The No Pamphlet
    • Resources and Opinions on No >
      • The 'Progressive No' Case
  • Resources
    • Video Resources
    • Audio Resources
    • Expert Explainers >
      • EE1: Twomey - The Yes/No Pamphlet
      • EE2: Perche - How a Referendum Works
      • EE3: Brennan & Appleby - The Uluru Statement History
      • EE4: Holland- Representative bodies in historical context
      • EE5: McDonald- Federalism and a First Nations Voice
      • EE6: Koch & Olijynk - The SA Voice
      • EE7: Jones - Lessons from Past Referendum
      • EE8 - Walker - The Impact of Foreign Money on the Referendum
    • Recommended Links
    • Digital Record
  • About
    • About the Project
    • Legal Literacy
    • About the Project Team
    • Supported by UniSA
    • Contact