Voice to Parliament referendum date: What is the Voice, how to vote and what changes if it’s successful?

Australians are just weeks from heading to the polls to have their say on the Voice to Parliament after the federal government proposed a referendum to recognise Aboriginal and Torres Strait Islanders in the constitution.

Prime Minister Anthony Albanese on Wednesday announced that the referendum will be held on October 14.

“On that day, every Australian will have a once-in-a-generation chance to bring our country together and to change it for the better,” he said in Adelaide.

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“To vote for recognition, listening and better results. I ask all Australians to vote yes.”

The prime minister was joined at the event by Indigenous Australians Minister Linda Burney and South Australian Premier Peter Malinauskas.

Albanese announces the date for the referendum on Wednesday. Credit: 7NEWS

The announcement marks the start of a six-week campaign on the proposed constitutional change.

The Voice to Parliament referendum will be the first held in Australia since 1999, when a vote on whether Australia should become a republic failed.

What is the Voice to Parliament and why has it come about?

The Voice would be an independent and permanent advisory body giving advice to the Australian parliament and government on matters that affect the lives of Aboriginal and Torres Strait Islander peoples.

The Voice is a proposal that has come directly from Aboriginal and Torres Strait Islander people.

If passed, it would give Indigenous Australians a constitutionally guaranteed body to advise the government about laws, policies and issues directly affecting their communities.

“Yes” supporters say a successful vote will ensure Aboriginal and Torres Strait Islander people are listened to, and offers a chance to propose solutions to problems that have gone unsolved for years, despite billions of dollars being spent on them.

“No” campaigners, meanwhile, say the Voice is “legally risky, with unknown consequences” and say enshrining it in the constitution would mean it was permanent.

As soon as the date was announced, the “No” campaign sent a text message calling for donations that read: “It’s on! Albo has called it and we have until OCT 14 to beat the Voice!”

Both campaigns have released pamphlets advocating for their case through the Australian Electoral Commission, which can be viewed here.

How would it work and what powers will it have? What can it achieve?

The Voice would be a permanent body made up of Indigenous Australians, with members to be chosen from every state and territory.

As a united front, the Voice committee can give advice on key issues.

Burney said in a July address at the National Press Club she would like to see four priorities addressed.

“I will ask the Voice to consider four main priority areas: health, education, jobs and housing,” she said.

“The Voice will be tasked with taking the long-view. Unlike government, it won’t be distracted by the three-year election cycles. It will plan for the next generation, not the next term.”

She added that she would ask questions when it first met on how to prevent suicides in Indigenous Australians, how to improve education rates in Indigenous Australians and how to increase Indigenous Australians’ life expectancy.

Australian Prime Minister Anthony Albanese speaks to the media in Sydney. Credit: BIANCA DE MARCHI/AAPIMAGE

What is the question?

On October 14, Australians heading to the ballot box will be asked to vote either “yes” or “no” to one question.

That question 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?

How would the constitution be changed?

The proposed law Australians are being asked to approve at the referendum would insert a new section 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.”
Country Liberal Party senator Jacinta Nampijinpa Price and leading ‘no’ campaigner Warren Mundine. Credit: AAP

How do you vote?

The Australian Electoral Commission says voters at the Indigenous voice referendum are encouraged to clearly write “yes” or “no” on their ballot papers.

Somewhat controversially, a tick will be considered a valid “yes” vote but a cross will be considered an invalid vote and not counted.

There was intense commentary last week when Opposition Leader Peter Dutton argued a cross on the ballot paper should be considered a valid “no” vote.

The Australian Electoral Commission responded strongly, saying legal advice that had been accepted for at least 30 years and six referendum questions maintained a cross on a ballot paper was open to interpretation as to whether it denoted approval or disapproval.

“The legal advice provides that for a single referendum question, a clear ‘tick’ should be counted as formal and a ‘cross’ should not,” the commission said.

The instructions on the referendum paper direct voters to write either “yes” or “no”.

A sample ballot paper supplied by the AEC. Credit: Australian Electoral Commission

When will Australians vote on the Voice to Parliament?

Albanese on Wednesday announced the referendum will be held on Saturday, October 14.

What does the Yes vote need to be successful?

For the referendum to be successful, the changes proposed to the constitution must be approved by a double majority.

It means the “yes” vote must secure a national majority of electors from all states and territories combined and a majority of electors in a majority of states (at least four of the six states).

The votes of people living in the ACT and NT count towards the national majority only.

South Australia was chosen for Wednesday’s launch as it is viewed as a key battleground state for the poll.

Queensland and Western Australia are widely expected to cast a ‘No’ majority.

It is anticipated New South Wales and Victoria will swing behind the ‘Yes’ campaign.

Professor Paula Gerber from Monash University’s Faculty of Law said that the campaign from both sides will escalate now that a date has been announced.

“The only way the Constitution can be amended is if a majority of electors across the country approve the change and if a majority of states approve the change. This requirement for a ‘double majority’ means that for the Voice referendum to be successful, half of the national electoral roll must vote ‘Yes’ and four of the six states must also have majorities.

“There are three aspects to the proposal – recognising that Aboriginal and Torres Strait Islander peoples are the First Peoples of Australia; establishing a body through which Aboriginal and Torres Strait Islander peoples can make representations to Parliament and the Executive; and giving Parliament the ultimate authority to determine how the Voice will function.

“In a regular election we decide which candidates we want and number our preferences accordingly. Referendums are different. To indicate our preference, we must write the word ‘Yes’ or ‘No’.”

Who will vote in the referendum?

The referendum is compulsory, and all eligible Australians over the age of 18 must vote or face a fine.

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