Voice to Parliament: Why the Voice is needed for Indigenous Australians

The once-in-a-generation debate is heated, sometimes confusing and not always factual, as campaigners on both sides seek to sway anyone undecided.

To get down to basics, ACM, the publisher of this masthead, here sorts the ins and outs of the proposed Indigenous Voice.

So if you don't know, read this, and then decide.

What is the referendum about?

The first referendum in 24 years is about recognising Australia's Indigenous people in the constitution through an Indigenous representative Voice, or advisory body. It has lately been called an advisory committee.

The difference is that Voice proponents want it enshrined in the constitution so it can't be abolished at a "stroke of a pen". At least four other Indigenous bodies, including the Aboriginal and Torres Strait Islander Commission, have been abolished by the government of the day.

What is the question that voters have to say 'yes' or 'no' to?

Parliament decided in June the question would 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?"

The answer written on the ballot paper must be "yes" or "no".

What is this proposed alteration to 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.

What is the Voice?

The proposed alteration states that the Voice would make representations to two branches of government, Parliament and Executive Government on matters affecting Indigenous communities.

"No" campaigner, Senator Jacinta Nampijinpa Price has raised a question over "representations" not meaning "advice, advise or advisory" perhaps, she proposes, it will be more of a lobby group.

The "yes" side insists representations means representative of Aboriginal and Torres Strait Islander people.

As it is proposed, the Voice has no power of veto. It has no power over funding or administering policies. It can't make laws or decide disputes.

It is not a one-way street. Parliament and the Executive Government would be able to make representations to the Voice.

READ MORE ABOUT THE VOICE TO PARLIAMENT:

Why is this proposed for Indigenous people?

It is proposed because as Indigenous people they were here first and this would be profound way to listen to what they want to address entrenched disadvantage and systemic discrimination.

The Voice would give Aboriginal and Torres Strait Islander people a constitutionally guaranteed right to speak to Parliament and Executive Government about what they need to practically improve lives and futures.

What are the matters affecting Indigenous Australians?

The Minister for Indigenous Australians Linda Burney has said the Voice would have a full in-tray from day one. She said she will ask the Voice to prioritise Indigenous health, housing, education and jobs.

"The Voice is not about Defence policy. It's not about foreign affairs policy," the Prime Minister said earlier this year.

"The Voice is about matters that directly affect Aboriginal and Torres Strait Islander people."

Who would be a member of the Voice?

Voice members would be selected for a fixed term from around the nation by Aboriginal and Torres Strait Islander communities, not government. It is stressed that the way that members of the Voice are chosen would be worked out after the referendum and "suit the wishes of local communities".

Members would be Aboriginal and/or Torres Strait Islander and chosen from each of the states, territories and the Torres Strait Islands. It would be gender-balanced and have specific remote representatives as well as representation for the mainland Torres Strait Islander population.

Does the Voice proposition insert race in the constitution?

Race is already in the constitution. Section 51 (xxvi) enables the Commonwealth to make laws for the peace, order and good government of the Commonwealth with respect to:

"... the people of any race for whom it is deemed necessary to make special laws."

Where did the Voice come from?

Not the Labor government and not the previous Coalition government. It came from Indigenous Australians.

A Voice enshrined in the Constitution came from the Uluru Statement from the Heart which came from the 2017 First Nations Constitutional Convention. It has been quite a process. The dialogues that led up the convention engaged 1200 Aboriginal and Torres Strait Islander delegates from around the nation.

It is not proposed as a Canberra Voice talking down from the capital to Australians. It is proposed as taking Indigenous voices to Canberra.

What level of support is needed for it to pass?

To change the constitution a double majority is required, that's a majority of votes in a majority of states. The Northern Territory and the ACT, as territories, are not included in the state count, but the votes add to the overall national count.

Why is there little detail about what the Voice will look like?

The constitution is not a place for a lot of detail.

There has been a design process to guide how a Voice could be implemented, headed by key architects Marcia Langton and Tom Calma.

There has also been a First Nations Referendum Working Group made up of First Nations leaders who have had longstanding involvement in the process for constitutional recognition.

If successful, Parliament will decide the design and make-up through legislation.