The Albanese Labor Government is committed to implementing the Uluru Statement from the Heart in full. 

In July 2022, the Prime Minister set out a roadmap to implement the Uluru Statement from the Heart, including a possible question and amendment to the Constitution for an Aboriginal and Torres Strait Islander Voice to Parliament. 

Between October and December 2023, the Australian people will have their say on Constitutional recognition through a Voice at a referendum. 

Constitutional recognition through Voice is fundamentally about two things: recognition and consultation. 

Recognising Aboriginal and Torres Strait Islander Australians in our Constitution is the best chance this country has had to address the injustices of the past and move Australia forward for everyone, and the best way to do this is to give people a voice. 

For 122 years our nation’s founding document has failed to recognise Aboriginal and Torres Strait Islander Australians, and their more than 65,000 years of continuous connection to this vast land. 

A Voice to Parliament, enshrined in our Constitution, will also mean that Aboriginal and Torres Strait Islander Australians are listened to and heard on the issues that affect them. 

The Voice is about making a practical difference – it is about addressing poor outcomes from the long legacy of failed programs and broken promises – by listening to Aboriginal and Torres Strait Islander people about what works in areas like health, education and housing.  

This is a moment for our nation to come together as one to recognise Aboriginal and Torres Strait islander Australians in our Constitution, and deliver a reform that will help improve lives. 

In order to update our Constitution, we need to hold a referendum where every Australian will get to have a say on the proposed change.  

The question that the Parliament will consider putting to the Australian people at the 2023 referendum 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?” 

It is proposed that if the Australian people say “Yes” to this question, then the following new chapter will be added 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.” 

This proposed amendment is constitutionally sound. It follows months of listening to the community and comprehensive consultation with the Referendum Working Group made up of Indigenous representatives, and assisted by some of the best legal minds in the country, including through the Constitutional Expert Group. 

There will be an opportunity for you to have your say on the proposed amendment to the Constitution through a Parliamentary committee inquiry to be held before the referendum. 

In addition to the question and amendment above, there are a number of principles which outline how the Voice will be designed. They are that: 

1. The Voice will give independent advice to the Parliament and Government 
   • The Voice would make representations to the Parliament and the Executive Government on matters relating to Aboriginal and Torres Strait Islander peoples.  
   • The Voice would be able to make representations proactively.  
   • The Voice would be able to respond to requests for representations from the Parliament and the Executive Government.  
   • The Voice would have its own resources to allow it to research, develop and make representations.  
   • The Parliament and Executive Government should seek representations in writing from the Voice early in the development of proposed laws and policies.
2. Will be chosen by Aboriginal and Torres Strait Islander people based on the wishes of local communities 
   • Members of the Voice would be selected by Aboriginal and Torres Strait Islander communities, not appointed by the Executive Government.  
   • Members would serve on the Voice for a fixed period of time, to ensure regular accountability to their communities.   
   • To ensure cultural legitimacy, the way that members of the Voice are chosen would suit the wishes of local communities and would be determined through the post referendum process. 
3. Will be representative of Aboriginal and Torres Strait Islander communities, gender balanced and include youth 
   • Members of the Voice would be Aboriginal and/or Torres Strait Islander, according to the standard three part test. 
   • Members would be chosen from each of the states, territories and the Torres Strait Islands.  
   • The Voice would have specific remote representatives as well as representation for the mainland Torres Strait Islander population. 
   • The Voice will have balanced gender representation at the national level.
     
4. Will be empowering, community-led, inclusive, respectful and culturally informed 
   • Members of the voice would be expected to connect with – and reflect the wishes of – their communities.  
   • The Voice would consult with grassroots communities and regional entities to ensure its representations are informed by their experience, including the experience of those who have been historically excluded from participation.  
     
5. Will be accountable and transparent
   • The Voice would be subject to standard governance and reporting requirements to ensure transparency and accountability.  
   • Voice members would fall within the scope of the National Anti-Corruption Commission. 
   • Voice members would be able to be sanctioned or removed for serious misconduct.
     
6. Will work alongside existing organisations and traditional structures 
   • The Voice would respect the work of existing organisations.  
     
7. Will not have a program delivery function 
   • The Voice would be able to make representations about improving programs and services, but it would not manage money or deliver services.
     
8. Will not have a veto power  

If the Australian people say “Yes” to the Voice at the referendum, then the Parliament will legislate the Voice. 

Constitutional recognition through Voice is an idea that came from First Nations people, and this will be a decision made by all Australians, not politicians. 

I hope that when the time comes for you to vote in the 2023 Referendum, you say “Yes” to recognising our first peoples in our constitution. 

“Yes” to celebrating the over 65,000 years of continuous connection to this vast land we all call home. 

And “Yes” to delivering a responsible reform that will mean that we will make better policies to improve the lives of Aboriginal and Torres Strait Islander Australians – because they will have a Voice and they will be heard on the issues affecting them. 

The vast majority of Aboriginal and Torres Strait Islander Australians support the 2023 referendum. Recent surveys show more than 80 per cent of First Nations people support recognition through a Voice. 

While some people are playing politics with recognition through a Voice, many from across the political spectrum are working together to get this done. Including the former Liberal Minister for Indigenous Australians, Ken Wyatt, and the former Liberal Shadow Attorney General Julian Leeser. Along with all state premiers, including the Liberal Premier of Tasmania, Jeremy Rockliff.  

Constitutional recognition though a Voice will make a practical difference to a group of Australians who have been left behind for too long – without taking anything away from anyone else.  

The proposed amendment to the Constitution is legally sound. The Solicitor General’s advice states that: 

The proposed amendment is not only compatible with the system of representative and responsible government established under the Constitution, but it enhances that system. 

More information is available at: voice.gov.au

The Yes23 (yes23.com.au) and the Uluru Dialogue (ulurustatement.org) websites also have more information about recognition through a Voice.