The Sydney Morning Herald logo
Advertisement

This was published 2 years ago

Everything you need to know about the Voice referendum No case

Paul Sakkal

Australians will decide on October 14 whether to amend the Constitution to formally recognise Indigenous peoples through the creation of a body that advises the parliament and executive government on policies affecting them.

The No pamphlet claims the Voice is “legally risky” and will divide Australians in the Constitution. Marija Ercegovac

Who backs the No case?

  • The Coalition is against the Voice, though a handful of its federal MPs do not support the party’s position.
  • The main No body is called Fair Australia; it is run by Advance, a relatively new conservative political campaigning outfit on whose advisory board former prime minister Tony Abbott sits.
  • A section of the left-wing Indigenous community, led by independent senator Lidia Thorpe, has formed a so-called progressive No grouping because they believe the Voice would have little power to improve livelihoods and say other measures, such as a treaty, should come first.

Who are the prominent No figures?

Advertisement
  • Coalition Indigenous Affairs spokeswoman Jacinta Nampijinpa Price is a leading Voice critic in the parliament who is also attached to Fair Australia.
  • Warren Mundine, a former Labor figure who has drifted to the conservative side of politics, leads another No group called Recognise a Better Way.
  • Opposition Leader Peter Dutton has helped lead the political campaign against the Voice, saying it will “divide us by race” and harm our system of government.

What is the No campaign’s message?

Detractors say the Voice would be risky because:

  • its ability to advocate to ministers and departments may lead to High Court challenges, delays and dysfunctional governance;
  • the proposal has too many unknowns and too few details;
  • it could create division by establishing a body that represents only one group in society; and
  • would leave Australia with a permanently flawed system of government because the Constitution can be amended only through another referendum.

What is the referendum about?

Advertisement

Australia’s Constitution does not mention that Aboriginal and Torres Strait Islander people were the original inhabitants of this continent. When he was prime minister in 2007, John Howard put forward a plan to hold a referendum to recognise their unique status. But he lost office and plans stalled despite multiple governments promising change. After Indigenous leaders rejected the form of recognition proposed by Howard – which they deemed symbolic and weak – a group of Indigenous leaders came up with the idea of a Voice.

What is a Voice?

The Voice would be an advisory body that gives ideas and feedback to the parliament and executive government about policies and issues that affect Indigenous Australians. Members of the body would need to be Indigenous and selected by their communities. However, proponents decided to settle on the precise details of its composition after the referendum if it succeeds, prompting some criticism. Possible design features are contained in a report by Indigenous academics Marcia Langton and Tom Calma, though the government has never fully endorsed this report’s suggestions.

What is the Uluru Statement from the Heart?

Advertisement

The 2017 statement stemmed from a series of meetings organisers say went over six months and involved more than 1200 Aboriginal and Torres Strait Islander representatives. It represents the political aspirations of Australia’s mainstream Indigenous community. The document asks for a Voice, a Makarrata commission that would oversee treaties, and a truth-telling process to educate Australians about the effects of colonisation. Makarrata is a word from the Yolngu language that means coming together after a struggle.

What will we be asked on referendum day?

People will be asked to vote Yes or No on a single question: “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?”

If a majority of all voters across Australia, as well as a majority of voters in a majority of states (at least four out of six) vote in favour, a new chapter will be inserted into the Constitution saying:

“In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

Advertisement

“i. there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;

“ii. 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;

“iii. 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.”

Voting in the referendum is compulsory for citizens aged 18 or older, with potential fines for those without a valid reason not to.

Advertisement

Since Federation, only eight of the 44 proposals for constitutional change have been approved. The most recent successful referendums were in 1977.

Cut through the noise of federal politics with news, views and expert analysis from Jacqueline Maley. Subscribers can sign up to our weekly Inside Politics newsletter here.

Continue this series

All you need to know about the Voice referendum
Up next
For both leaders, this campaign is about defining their legacies as well as shaping the nation’s future.

The big questions about the Voice to parliament

What powers would it have? What issues would it advise on? Who would be a member?

Voice explainer
  • Explainer

Why is the Voice referendum on a knife-edge?

The Yes campaign for a Voice to parliament is gathering momentum. What do its critics say? What do its supporters hope it will achieve? What are the next steps?

Previously
If a Yes vote prevails, the Constitution will be amended to formally recognise Aboriginal and Torres Strait Islander peoples with the creation of a new body to represent their interests in the running of this country.

Everything you need to know about the Voice referendum Yes case

Who backs the Yes case? What is the Yes campaign’s message? We answer your questions.

See all stories
Paul SakkalPaul Sakkal is Chief Political Correspondent. He previously covered Victorian politics and won a Walkley award and the 2025 Press Gallery Journalist of the Year. Contact him securely on Signal @paulsakkal.14.Connect via X or email.

From our partners

Advertisement
Advertisement