The referendum

basic summmary

On Saturday the 14th of October, Australia will hold a referendum vote on establishing ‘The Voice’ to Parliament.

A referendum is a question, proposing an alteration to the Australian Constitution.

The Constitution of Australia is a special document that sets down the political structure of Australia as a federation under a constitutional monarchy (we were conquered by the British, so their monarchs still sit ‘alongside’ our democratic system) and outlines the structure and powers of the Australian Government's three constituent parts: the executive, legislature, and judiciary.

This is therefore the literal backbone of our democracy.
Since 1901, 44 referendums have been held in Australia and only 8 have been successful.

A referendum is the only way to alter our Constitution – whether that is adding or removing.

All eligible voters are required to vote on a referendum, just like in a federal election, but instead of voting for a candidate, electors vote on whether they 'approve' or 'do not approve' the proposed alteration. A double majority must be achieved for the referendum to pass.

A double majority must be achieved for the referendum to pass. A double majority' is a national majority of all formal votes cast AND a majority of formal votes cast in a majority of the states (i.e. at least four out of six states).

The results of the Referendum must be carried out by parliament and are legally binding.

All voters will receive a ballot paper with the proposed alteration to the Constitution on it, followed by a question asking if you approve the proposed alteration. There will be a blank box on the ballot paper.

On the ballot paper you need to indicate your vote by clearly writing either YES in the box if you approve the proposed alteration, OR, NO in the box if you do not approve the proposed alteration.

Any attempts to write anything else on the ballot, including trying to amend the question, is likely to cause the ballot to be regarded as ‘informal’ and therefore not included in the final count. Both pen or pencil responses are accepted.

The question that will be put to voters is whether to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.

If successful, The Parliament of Australia has agreed to propose adding a new chapter, Chapter IX-Recognition of Aboriginal and Torres Strait Islander Peoples to the Constitution. The chapter would include a new section 129, which would be as follows:

129 Aboriginal and Torres Strait Islander Voice

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

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

The above referendum information has been sourced from the Australian Electoral Commission website. For more information on the referendum, visit their website here.

The question you will be asked is below:

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?

For further commentary, see other post.