The Yes/No Pamphlets
The AEC is required to distribute the Yes and No cases that are prepared by parliamentarians in a pamphlet to Australian voters (the Yes/No case pamphlet). The pamphlet will contain:
- A short statement (2000 words max) authorised by members of Parliament who voted for the proposed change to the Constitution
- A short statement (2000 words max) authorised by members of Parliament who voted against the proposed change to the Constitution
- A statement containing the proposed change to the Constitution
The Pamphlets are political documents - they are designed to persuade not to inform. There is no requirement that they be accurate, honest or correct. They are best thought of as propaganda - but they can help expose how both sides want you to think about their case.
A useful overview of the Yes/No Pamphlet is outlined in the following Expert Explainer:
The Yes Pamphlet
WARNING: Please remember the Pamphlet is a political document and there is NO requirement that its content be factually or legally correct.
Many of the claims may be misleading or deceptive. Approach with caution.
Many of the claims may be misleading or deceptive. Approach with caution.
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The Official 'Yes Pamphlet' is authored by Federal Members of Parliament who support the Yes case, and is published by the AEC. The pamphlet will be mailed to all voters. An electronic version can be accessed below:
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The text of the Yes Pamphlet is available below (click on the + to expand):
The Yes Pamphlet
Vote Yes for a better future for Aboriginal and Torres Strait Islander people and all Australians.
Vote Yes for unity, hope and to make a positive difference.
Voting YES is about:
Recognition
■ Recognising Aboriginal and Torres Strait Islander people in our Constitution and paying respect to 65,000 years of culture and tradition.
Listening
■ Listening to advice from Aboriginal and Torres Strait Islander people about matters that affect their lives, so governments make better decisions.
Better Results
■ Making practical progress in Indigenous health, education, employment and housing, so people have a better life.
It's a change only you can make happen.
Vote Yes to an idea that comes directly from Aboriginal and Torres Strait Islander people themselves: Constitutional Recognition through a Voice.
What is the Voice:
The Voice will be a committee of Aboriginal and Torres Strait Islander people who will give advice to the Parliament and Government on issues that affect their community. It will include Indigenous Australians from every state and territory, the Torres Strait Islands and representatives from the regions and remote communities. Members of the Voice will be chosen by Aboriginal and Torres Strait Islander people in their local area and serve for a fixed period.
Why we need it:
There are big challenges facing Aboriginal and Torres Strait Islander people:
■ A life expectancy 8 years shorter than non-Indigenous Australians.
■ Worse rates of disease and infant mortality.
■ A suicide rate twice as high.
■ Fewer opportunities for education and training
Clearly, the current approach isn’t working. To close these gaps, find solutions and plan for the future we need to listen to advice from Aboriginal and Torres Strait Islander people about issues affecting their lives and communities.
How the Voice will work:
The Voice is about advice. When governments listen to people about issues that affect them, they:
■ Make better decisions.
■ Get better results.
■ Deliver better value for money.
The Voice will give advice on key issues facing Aboriginal and Torres Strait Islander people, from better infant health to improving services in remote areas. Parliament and Government will still be responsible for all laws, programs and funding. Patrick Dodson, Senator for Western Australia, Yawuru Elder:
"When people on the ground are listened to and engaged, better laws and policies are made. Advice from the Voice will make our decisions and directions more informed and more successful. Recognition in the Constitution will help heal our nation."
THE VOICE: KEY FACTS
■ Idea comes from Aboriginal and Torres Strait Islander people.
■ Recognises First Peoples in our Constitution.
■ A committee of Aboriginal and Torres Strait Islander people.
■ Gives people a say on issues affecting them.
■ Listening will mean better results – and better value for money.
■ Representatives from all states and territories, the Torres Strait Islands and remote communities.
■ Will include young people and a balance of men and women.
■ Parliament and Government still responsible for laws, programs and funding.
KEEP READING FOR 8 MORE REASONS TO VOTE YES.
1. This idea came directly from Aboriginal and Torres Strait Islander people.
Voting Yes means:
■ Supporting an aspiration put forward by Aboriginal and Torres Strait Islander people over decades.
■ Accepting a proposal backed by over 80% of Aboriginal and Torres Strait Islander people.
The call for a Voice did not come from politicians.
In 2017, after many years of work and countless conversations in every part of the country, nearly 250 Aboriginal and Torres Strait Islander leaders and elders endorsed the Uluru Statement from the Heart. Calling for recognition in the Constitution through a Voice. Asking us to help make practical change in their lives and create better opportunities for their children. Australians from all walks of life, all faiths and cultures, and all sides of politics have given their support to this proposal. Now we can make it a reality. Voting Yes is an act of unity that will bring Australians together.
2. Constitutional recognition for concrete results.
Constitutional recognition is a powerful statement that will drive practical change.
Voting Yes means:
■ Recognising Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia.
■ Celebrating and sharing 65,000 years of history.
■ Sending a powerful message to the world about Australia’s unity.
■ Making a practical difference for the future.
Generations of Aboriginal and Torres Strait Islander people have enriched our nation with their culture and creativity, their knowledge of the land and waters, and their contribution to Australian life. Our ancient continent is home to the world’s oldest living cultures. Recognising this in our Constitution is an inspiring way to celebrate our shared history. Voting Yes is an act of reconciliation that will deliver real results.
The form of recognition Indigenous Australians are asking us to support is a Voice. A vehicle for practical change.
Johnathan Thurston, NRL champion and coach, Gunggari man:
“Our young people deserve the chance to be their best. I work closely with schoolkids in the Yarrabah community in Queensland. I've seen the obstacles they face. Nobody understands that better than their local community. Giving them a say will mean more of our kids reach their potential. That's what the Voice is about."
3. Ensure people have a better life.
The Voice is a vehicle to deliver real improvements for Aboriginal and Torres Strait Islander people in:
■ Life expectancy.
■ Infant mortality and health.
■ Education and employment.
For a long time, governments with good intentions have spent billions trying to deal with these issues. But they haven’t achieved lasting improvement because they haven’t listened to people on the ground. The current approach is broken and the Voice is our best chance to fix it. No-one thinks the Voice will instantly solve everything - but we will finally have the right approach in place. Here are three examples where listening to Indigenous people has delivered better outcomes.
IMAGINE THE PROGRESS AUSTRALIA COULD MAKE WITH A VOICE.
Listening Works: Better Health Services
Community-controlled Aboriginal Medical Services employ local Indigenous people. They run clinics and visit remote areas, providing essential services like child immunisation. In South East Queensland, the local Aboriginal Medical Service and the community worked together to hugely increase the number of annual health checks, from 550 to over 20,000 over 10 years.
Listening Works: Better Results in Education
Families and community leaders have been involved in every step of the new Dhupuma Barker school in Arnhem Land, from lesson-planning to uniforms and lunches. Genuine partnership has driven strong school attendance rates and better results. The ‘Dhupuma Firebirds’ Robotics team recently competed in the VEX International Championships in Texas, the first team from the Northern Territory ever to qualify.
Principal Phillip Heath says:
"Listening to the community is a game-changer in regional and remote education."
Listening Works: Indigenous Rangers
There are nearly 2,000 Indigenous Rangers working on country. Rangers care for our environment by working to prevent bushfires, controlling feral pests and improving the health of our rivers. Listening to Indigenous Rangers means sharing in 65,000 years of knowledge and connection to our land and waters. Vote Yes for better results around Australia. Vote Yes to help close the gap.
4. Bring our country together.
Voting Yes means:
■ Becoming reconciled with our past and moving to a better future.
■ A change only you can make happen.
Australia has come a long way since our Constitution came into effect in 1901. We now rightly celebrate Indigenous Australians and their contributions to our country. At the 1967 referendum, 90% of Australians voted Yes to changing the Constitution, so Aboriginal and Torres Strait Islander people would be counted in the population in the same way as everyone else. It was a unifying step forward. Together we have a chance to take the next step - recognising Aboriginal and Torres Strait Islander people through a Voice. Other nations with similar histories, like Canada and New Zealand, formally recognised their own First Peoples decades ago. Experience shows there is nothing to fear - and so much to gain.
Rachel Perkins, Filmmaker from Alice Springs, Arrernte/Kalkadoon woman:
“Our people have spent decades campaigning for the opportunity of a better life. We’ve never been more determined or more united. The Voice is our best shot, let’s take it.”
5. Save money.
When governments listen to people, they get better outcomes and use funding more effectively.
Aunty Pat Anderson AO, Co-Chair Uluru Dialogues, Alyawarre woman:
"When you involve people, you make better decisions and the money you spend goes where it's needed most: to the people on the ground."
Governments from both sides have invested billions in programs that haven't fixed problems or reached communities. A Voice will help us listen to locals and save money. We're all better off when governments don't waste taxpayer money on things that aren't working.
6. The time is now.
The idea of a Voice has been decades in the making. Many Aboriginal and Torres Strait Islander people have put in a great deal of hard work and goodwill. Voting No means nothing will change. It means accepting we can’t do better.
Don't risk more of the same:
■ Worse life expectancy.
■ Worse results in education and employment.
■ Worse outcomes in health.
Vote Yes to break this cycle and unite our nation.
Eddie Betts, Adelaide and Carlton AFL legend, Gubrun, Wirangu/Kokatha man:
“I know the Voice won’t fix everything overnight but I feel like it's the opening of a pathway to make sure we are included and respected in decision-making on issues that impact us.”
7. Practical advice that works.
The Voice will advise on practical steps to improve Indigenous health, education, employment and housing. Putting the Voice in the Constitution gives it stability and independence, now and into the future. This means the Voice can give frank advice, without getting caught up in short-term politics.
We can’t solve all the challenges Indigenous Australians face overnight. We need action now, as well as planning for the long term.
That’s why we need a Voice that can’t be abolished with the stroke of a pen. Legal experts have made it clear that the Voice will not have the power to prevent, delay or veto laws or decisions. The Voice is about advice.
8. Making government work better.
Voting Yes means:
■ Government getting better advice and delivering better outcomes.
■ An addition to the Constitution backed by the experts.
Senior lawyers and former High Court Judges have been part of this process.
What the Legal Experts Say:
■ Constitutionally and legally sound.
■ Will enhance our system of government.
■ No veto power – Parliament and Government have final sign-off.
Robert French AC, Chief Justice of the High Court of Australia 2008-2017 and Geoffrey Lindell, Emeritus Professor of Law, University of Adelaide:
“The Voice is a big idea but not a complicated one. It is low risk for a high return… The Voice will provide a practical opportunity for First Peoples to give informed and coherent and reliable advice to the Parliament and the Government.” - Joint Opinion Piece, Australian Financial Review, 4/2/2023.
Now it’s up to us.
Evonne Goolagong Cawley AC MBE, former tennis world number one, Wiradjuri woman:
"Voting Yes is a chance for all Australians to celebrate the contribution Aboriginal and Torres Strait Islander peoples have made to our country and to help the next generation chase their dreams. Let's grab this moment with both hands.” Aboriginal and Torres Strait Islander people have given us a once-in-a-generation chance.
We can vote Yes to be part of a great unifying moment that will bring about a better future.
We can vote Yes to:
■ Do the right thing by Aboriginal and Torres Strait Islander people.
■ Give people a say on issues that affect them.
■ Make a practical difference that improves lives.
Let's vote Yes for recognition, listening and better results.
Let's vote Yes to ensure Aboriginal and Torres Strait Islander people live better lives with more opportunities for their children.
In a spirit of unity, let’s vote Yes together.
Vote Yes for unity, hope and to make a positive difference.
Voting YES is about:
Recognition
■ Recognising Aboriginal and Torres Strait Islander people in our Constitution and paying respect to 65,000 years of culture and tradition.
Listening
■ Listening to advice from Aboriginal and Torres Strait Islander people about matters that affect their lives, so governments make better decisions.
Better Results
■ Making practical progress in Indigenous health, education, employment and housing, so people have a better life.
It's a change only you can make happen.
Vote Yes to an idea that comes directly from Aboriginal and Torres Strait Islander people themselves: Constitutional Recognition through a Voice.
What is the Voice:
The Voice will be a committee of Aboriginal and Torres Strait Islander people who will give advice to the Parliament and Government on issues that affect their community. It will include Indigenous Australians from every state and territory, the Torres Strait Islands and representatives from the regions and remote communities. Members of the Voice will be chosen by Aboriginal and Torres Strait Islander people in their local area and serve for a fixed period.
Why we need it:
There are big challenges facing Aboriginal and Torres Strait Islander people:
■ A life expectancy 8 years shorter than non-Indigenous Australians.
■ Worse rates of disease and infant mortality.
■ A suicide rate twice as high.
■ Fewer opportunities for education and training
Clearly, the current approach isn’t working. To close these gaps, find solutions and plan for the future we need to listen to advice from Aboriginal and Torres Strait Islander people about issues affecting their lives and communities.
How the Voice will work:
The Voice is about advice. When governments listen to people about issues that affect them, they:
■ Make better decisions.
■ Get better results.
■ Deliver better value for money.
The Voice will give advice on key issues facing Aboriginal and Torres Strait Islander people, from better infant health to improving services in remote areas. Parliament and Government will still be responsible for all laws, programs and funding. Patrick Dodson, Senator for Western Australia, Yawuru Elder:
"When people on the ground are listened to and engaged, better laws and policies are made. Advice from the Voice will make our decisions and directions more informed and more successful. Recognition in the Constitution will help heal our nation."
THE VOICE: KEY FACTS
■ Idea comes from Aboriginal and Torres Strait Islander people.
■ Recognises First Peoples in our Constitution.
■ A committee of Aboriginal and Torres Strait Islander people.
■ Gives people a say on issues affecting them.
■ Listening will mean better results – and better value for money.
■ Representatives from all states and territories, the Torres Strait Islands and remote communities.
■ Will include young people and a balance of men and women.
■ Parliament and Government still responsible for laws, programs and funding.
KEEP READING FOR 8 MORE REASONS TO VOTE YES.
1. This idea came directly from Aboriginal and Torres Strait Islander people.
Voting Yes means:
■ Supporting an aspiration put forward by Aboriginal and Torres Strait Islander people over decades.
■ Accepting a proposal backed by over 80% of Aboriginal and Torres Strait Islander people.
The call for a Voice did not come from politicians.
In 2017, after many years of work and countless conversations in every part of the country, nearly 250 Aboriginal and Torres Strait Islander leaders and elders endorsed the Uluru Statement from the Heart. Calling for recognition in the Constitution through a Voice. Asking us to help make practical change in their lives and create better opportunities for their children. Australians from all walks of life, all faiths and cultures, and all sides of politics have given their support to this proposal. Now we can make it a reality. Voting Yes is an act of unity that will bring Australians together.
2. Constitutional recognition for concrete results.
Constitutional recognition is a powerful statement that will drive practical change.
Voting Yes means:
■ Recognising Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia.
■ Celebrating and sharing 65,000 years of history.
■ Sending a powerful message to the world about Australia’s unity.
■ Making a practical difference for the future.
Generations of Aboriginal and Torres Strait Islander people have enriched our nation with their culture and creativity, their knowledge of the land and waters, and their contribution to Australian life. Our ancient continent is home to the world’s oldest living cultures. Recognising this in our Constitution is an inspiring way to celebrate our shared history. Voting Yes is an act of reconciliation that will deliver real results.
The form of recognition Indigenous Australians are asking us to support is a Voice. A vehicle for practical change.
Johnathan Thurston, NRL champion and coach, Gunggari man:
“Our young people deserve the chance to be their best. I work closely with schoolkids in the Yarrabah community in Queensland. I've seen the obstacles they face. Nobody understands that better than their local community. Giving them a say will mean more of our kids reach their potential. That's what the Voice is about."
3. Ensure people have a better life.
The Voice is a vehicle to deliver real improvements for Aboriginal and Torres Strait Islander people in:
■ Life expectancy.
■ Infant mortality and health.
■ Education and employment.
For a long time, governments with good intentions have spent billions trying to deal with these issues. But they haven’t achieved lasting improvement because they haven’t listened to people on the ground. The current approach is broken and the Voice is our best chance to fix it. No-one thinks the Voice will instantly solve everything - but we will finally have the right approach in place. Here are three examples where listening to Indigenous people has delivered better outcomes.
IMAGINE THE PROGRESS AUSTRALIA COULD MAKE WITH A VOICE.
Listening Works: Better Health Services
Community-controlled Aboriginal Medical Services employ local Indigenous people. They run clinics and visit remote areas, providing essential services like child immunisation. In South East Queensland, the local Aboriginal Medical Service and the community worked together to hugely increase the number of annual health checks, from 550 to over 20,000 over 10 years.
Listening Works: Better Results in Education
Families and community leaders have been involved in every step of the new Dhupuma Barker school in Arnhem Land, from lesson-planning to uniforms and lunches. Genuine partnership has driven strong school attendance rates and better results. The ‘Dhupuma Firebirds’ Robotics team recently competed in the VEX International Championships in Texas, the first team from the Northern Territory ever to qualify.
Principal Phillip Heath says:
"Listening to the community is a game-changer in regional and remote education."
Listening Works: Indigenous Rangers
There are nearly 2,000 Indigenous Rangers working on country. Rangers care for our environment by working to prevent bushfires, controlling feral pests and improving the health of our rivers. Listening to Indigenous Rangers means sharing in 65,000 years of knowledge and connection to our land and waters. Vote Yes for better results around Australia. Vote Yes to help close the gap.
4. Bring our country together.
Voting Yes means:
■ Becoming reconciled with our past and moving to a better future.
■ A change only you can make happen.
Australia has come a long way since our Constitution came into effect in 1901. We now rightly celebrate Indigenous Australians and their contributions to our country. At the 1967 referendum, 90% of Australians voted Yes to changing the Constitution, so Aboriginal and Torres Strait Islander people would be counted in the population in the same way as everyone else. It was a unifying step forward. Together we have a chance to take the next step - recognising Aboriginal and Torres Strait Islander people through a Voice. Other nations with similar histories, like Canada and New Zealand, formally recognised their own First Peoples decades ago. Experience shows there is nothing to fear - and so much to gain.
Rachel Perkins, Filmmaker from Alice Springs, Arrernte/Kalkadoon woman:
“Our people have spent decades campaigning for the opportunity of a better life. We’ve never been more determined or more united. The Voice is our best shot, let’s take it.”
5. Save money.
When governments listen to people, they get better outcomes and use funding more effectively.
Aunty Pat Anderson AO, Co-Chair Uluru Dialogues, Alyawarre woman:
"When you involve people, you make better decisions and the money you spend goes where it's needed most: to the people on the ground."
Governments from both sides have invested billions in programs that haven't fixed problems or reached communities. A Voice will help us listen to locals and save money. We're all better off when governments don't waste taxpayer money on things that aren't working.
6. The time is now.
The idea of a Voice has been decades in the making. Many Aboriginal and Torres Strait Islander people have put in a great deal of hard work and goodwill. Voting No means nothing will change. It means accepting we can’t do better.
Don't risk more of the same:
■ Worse life expectancy.
■ Worse results in education and employment.
■ Worse outcomes in health.
Vote Yes to break this cycle and unite our nation.
Eddie Betts, Adelaide and Carlton AFL legend, Gubrun, Wirangu/Kokatha man:
“I know the Voice won’t fix everything overnight but I feel like it's the opening of a pathway to make sure we are included and respected in decision-making on issues that impact us.”
7. Practical advice that works.
The Voice will advise on practical steps to improve Indigenous health, education, employment and housing. Putting the Voice in the Constitution gives it stability and independence, now and into the future. This means the Voice can give frank advice, without getting caught up in short-term politics.
We can’t solve all the challenges Indigenous Australians face overnight. We need action now, as well as planning for the long term.
That’s why we need a Voice that can’t be abolished with the stroke of a pen. Legal experts have made it clear that the Voice will not have the power to prevent, delay or veto laws or decisions. The Voice is about advice.
8. Making government work better.
Voting Yes means:
■ Government getting better advice and delivering better outcomes.
■ An addition to the Constitution backed by the experts.
Senior lawyers and former High Court Judges have been part of this process.
What the Legal Experts Say:
■ Constitutionally and legally sound.
■ Will enhance our system of government.
■ No veto power – Parliament and Government have final sign-off.
Robert French AC, Chief Justice of the High Court of Australia 2008-2017 and Geoffrey Lindell, Emeritus Professor of Law, University of Adelaide:
“The Voice is a big idea but not a complicated one. It is low risk for a high return… The Voice will provide a practical opportunity for First Peoples to give informed and coherent and reliable advice to the Parliament and the Government.” - Joint Opinion Piece, Australian Financial Review, 4/2/2023.
Now it’s up to us.
Evonne Goolagong Cawley AC MBE, former tennis world number one, Wiradjuri woman:
"Voting Yes is a chance for all Australians to celebrate the contribution Aboriginal and Torres Strait Islander peoples have made to our country and to help the next generation chase their dreams. Let's grab this moment with both hands.” Aboriginal and Torres Strait Islander people have given us a once-in-a-generation chance.
We can vote Yes to be part of a great unifying moment that will bring about a better future.
We can vote Yes to:
■ Do the right thing by Aboriginal and Torres Strait Islander people.
■ Give people a say on issues that affect them.
■ Make a practical difference that improves lives.
Let's vote Yes for recognition, listening and better results.
Let's vote Yes to ensure Aboriginal and Torres Strait Islander people live better lives with more opportunities for their children.
In a spirit of unity, let’s vote Yes together.
Fact Checking the YES Pamphlet
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UNSW Public Law academics Gabrielle Appleby, Sean Brennan and Paul Kildea of the Gilbert +Tobin Centre of Public Law and the Indigenous Law Centre have carefully reviewed the substantive claims made in the official “yes” and “no” cases in their respective pamphlets.
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Their research involves an extensive, impartial and evidence based analysis of the pamphlets. The VLLP recommends that all citizens read this document to understand the limits of the pamphlets:
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Our analysis reveals that Australian voters need to be wary when reading the official pamphlet and making up their minds on the Voice. They will need to separate out the factual, supported claims from those that are misleading, unsupported or just plain wrong. Our report is designed to help voters with that process. |
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A summary of the analysis is provided in an article written by the authors on The Conversation:
- Gabrielle Appleby, Sean Brennan and Paul Kildea, How do the ‘yes’ and ‘no’ cases stack up? Constitutional law experts take a look (2023) The Conversation, 30 August 2023
A number of media outlets have undertaken fact checking processes of the various claims in the Yes and No pamphlet. These include:
- Lorena Allam, Josh Butler, Nick Evershed and Andy Ball, The no pamphlet: campaign’s voice to parliament referendum essay – annotated and factchecked (2023) The Guardian
- Lorena Allam, Josh Butler, Nick Evershed and Andy Ball, The Yes pamphlet: campaign’s voice to parliament referendum essay – annotated and factchecked (2023) The Guardian
- Finn McHugh, We gave the Voice to Parliament pamphlets to fact checkers. Here's what they said (2023) SBS News
Further REsources
- Anne Twomey on the Introduction of Yes/No Pamphlets https://www.youtube.com/watch?v=wbNnfg0eXvs
- Australian Electoral Commission, Yes/No Pamphlet Resources (https://www.aec.gov.au/referendums/pamphlet-communications.htm)
