Indigenous voice to parliament: What is the process?

The date is set for the Voice referendum, but what needs to happen for it to pass isn’t simple. And hasn’t been achieved many times.

The voice — to be held on October 14, 2024 — will be the country’s first referendum since 1999.

The Australian Electoral Commissioner Tom Rogers concedes the referendum process is “not well understood” in Australia.

The voice — to be held on October 14 — will be the country’s first referendum since 1999, meaning that no person under the age of 41 has voted in a federal referendum.

That equates to about 6.4 million voters for whom this will be their first referendum.

A referendum is the only way Australia’s Constitution can be changed, and are compulsory, just like elections.

All enrolled voters write Yes or No on their ballot paper in response to a question that proposes a change to the Constitution.

The question is: “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 of this proposed alteration?”

The voters’ decision is binding – if a referendum question is agreed to, the Constitution changes.

Just like a federal election, referendums are run by the AEC.

Here are some frequently asked questions:

WHAT NEEDS TO HAPPEN FOR THE REFERENDUM TO PASS?

A majority of voters in a majority of states and territories need to vote Yes at the referendum if it is to succeed.

A double majority vote must be achieved, which is: a national majority of voters in the states and territories (a Yes vote of more than 50 per cent) and a majority of voters in at least four out of six states.

IS A REFERENDUM THE ONLY WAY TO CHANGE THE AUSTRALIAN CONSTITUTION?

Yes, the Australian Constitution can only be altered by referendum.

In a referendum all Australians of voting age vote yes or no for the proposed changes.

WHAT IS SECTION 51 OF THE AUSTRALIAN CONSTITUTION?

Section 51 of the Australian Constitution lists the areas in which the Australian Parliament can make laws.

These national issues include foreign affairs, tax, defence and welfare.

Some words in section 51 give the Australian Parliament the power to make special laws for the people of any race.

WHAT WAS AUSTRALIA’S MOST SUCCESSFUL REFERENDUM?

The 1967 referendum saw the highest Yes vote recorded in a federal referendum with a 90.77 per cent vote for change.

This empowered the national government to make laws in respect of Aboriginal and Torres Strait Islander peoples that could assist in addressing inequalities.

Until the 1967 referendum Aboriginal and Torres Strait Islander people were not included in the census and therefore weren’t considered members of the Australian population.

HOW MANY UNSUCCESSFUL REFERENDUMS HAVE THERE BEEN IN AUSTRALIA?

Australians have rejected 36 out of 44 submitted to them since federation, passing eight.

Of the 44 referendums, five times (1937, twice in 1946, 1977 and 1984) a national Yes vote was achieved but failed to win a majority of states.

WHY DID THE FIRST REFERENDUM FAIL IN AUSTRALIA?

In 1898 a referendum asking states to form the Commonwealth of Australia was held.

The first four referendums were held in NSW, South Australia, Tasmania and Victoria.

Although all four saw a majority vote in favour, the majority in NSW was insufficient for the referendum to pass.