The 2023 Australian Indigenous Voice referendum was a constitutional referendum held on 14October 2023 in which the proposed Aboriginal and Torres Strait Islander Voice was rejected. Voters were asked to approve an alteration to the Australian Constitution that would recognise Indigenous Australians in the document through prescribing a body called the Aboriginal and Torres Strait Islander Voice that would have been able to make representations to Federal Parliament and the executive government on "matters relating to Aboriginal and Torres Strait Islander peoples".
The proposal was rejected nationally and by a majority in every state, thus failing to secure the double majority required for amendment by section 128 of the constitution. The Australian Capital Territory was the only state or territory with a majority of "yes" votes. Analysis of surveys following the referendum identified the main reasons why the majority of Australians voted no was a scepticism of granting rights to some Australians that are not held by others and an aversion to constitutional change.
Background
On 21 May 2022, the Australian Labor Party won the federal election, with party leader Anthony Albanese becoming Prime Minister. During his victory speech, Albanese committed to the Uluru Statement from the Heart in full.
Parliamentary process
The Albanese government settled on the text of the question on the ballot and the actual amendment and announced them on 23 March 2023. These were formally approved by parliament through the passage of the amendment bill, Constitutional Alteration (Aboriginal and Torres Strait Islander Voice) 2023 (Cth). The bill was examined and endorsed by the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum, subject to two dissenting reports authored by Liberal and National party members respectively.
The Liberal Party of Australia report put forward several changes, including the deletion of sub-section 128(ii) (to reduce a risk that representations from the body must be considered), a new section 77(iv) (to allow the parliament to control the applicability of judicial review under section 75(v) of the Constitution), the addition of the words "and the legal effect of its representations" to sub-section 128(iii) (to clarify the power Parliament has to legislate regarding the Voice), and the replacement of the words "executive government" to "ministers of state" (to reduce the possible ambit of people to whom the Voice may make representations). The Nationals' report, on the other hand, rejected the proposed bill entirely.
Following the passage of the bill, the referendum date was announced by the Prime Minister on 30 August 2023. The referendum was officially triggered on 11 September 2023 with the issuing of a writ by the governor-general to the Australian Electoral Commission.
Question Referendum ballot papers asked voters:
Proposed changes to the Constitution
The proposed amendment to the Constitution was the insertion of the following chapter: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:
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.
Voting and referendum mechanisms
Double majority For any amendment of the Constitution to proceed, it must receive a double majority of votes: that is, a majority in each of a majority of the states (i.e. at least four of the six states), as well as a majority overall (i.e. including votes in the territories).Constitution, section 128.
Voters Voting in the referendum was mandatory for all eligible Australian citizens (and some British subjects). A total of 17,676,347 voters were registered on the electoral roll, and therefore required to either vote in person, by post or by phone. This was 2.6% larger than the electoral roll of the 2022 election.
Cost The Australian Electoral Commission (AEC) estimated the cost of the referendum would be about $450 million, where the federal government had supplied $364 million in the most recent budget to deliver the referendum. Funding for the referendum was provided to the AEC and National Indigenous Australians Agency in the October 2022 Australian federal budget, with a total distribution of $75.2 million (excluding Contingency Reserves) over two years (FY202224).
$52.6 million for the Australian Electoral Commission to prepare for and deliver the referendum $16.1 million for the Australian Electoral Commission to increase the percentage of eligible First Nations people enrolled to vote $6.5 million for the National Indigenous Australians Agency to support preparations for the referendum, including the relevant governance structures
There is an additional $160 million of the federal Contingency Reserve available to deliver the referendum. In May 2023 the government announced a total of $10.5 million in the 2023 budget to improve mental health services for Indigenous people in the lead-up to the referendum.
The final cost of the referendum was confirmed to be $411,269,848.
Official pamphlet The government originally attempted to remove the requirement for an official yes/no pamphlet along with other proposed changes to the referendum process in the Referendum (Machinery Provisions) Amendment Bill 2022 (Cth), arguing that a physical pamphlet was outdated and that information could instead be distributed online or via television. Instead, the government proposed funding an education campaign to inform Australians about the referendum and to "counter misinformation". However, the pamphlet was ultimately retained in order to secure bipartisan support for the bill. Following this, parliamentarians of both houses who had voted for and against the constitutional amendment bill drafted, for inclusion in the pamphlet, 2,000-word essays detailing their Yes and No cases, with the text of each essay approved by a majority respectively of the Yes and No supporters. This approach was criticised by organisations such as The Greens, who wanted these statements to be independently fact-checked, as there was no legal requirement for the pamphlets to be truthful. After the pamphlets were released, several media organisations analysed the claims in both essays, with many characterising some in the No case as "false" or "misleading". No campaigners disputed this, however, arguing that fact checkers were labelling as "false" claims that remained subject to debate.
The yes/no pamphlet was published on the AEC website on 18 July 2023 and on 11 August 2023 it began to be posted to households.
Key dates Key dates in relation to the voting process for the referendum were: 11 September – Writ issued 11 September – Applications for postal voting opens 18 September (8pm) – Close of electoral roll (17,676,347 people were enrolled at the close of the roll) 25 September – Remote voting commences 2 October – Early voting centres open in Northern Territory, Tasmania, Victoria and Western Australia 3 October – Early voting centres open in Australian Capital Territory, New South Wales, Queensland and South Australia. 11 October (6pm) – Applications for postal voting closes 14 October – Referendum day 27 October – Last day for receipt of postal votes 6 November – Writ returned
Proposed design of the Voice
Positions
Political parties The following tables summarise the positions of registered political parties at the federal level. Disagreement between federal party rooms and state-level party branches within the Liberal–National Coalition is discussed below.
Parliamentary parties Party Stance Notes and references The party did not openly take a stance on the issue, but does support the recognition of Indigenous Australians in the Constitution. As of January 2023, Dai Le (the party's only federal representative) maintained a neutral position towards the Voice, claiming that it is not a priority for the culturally diverse communities in her electorate. The party has a preference for truth-telling and treaty processes to occur prior to the Voice but have nonetheless backed the "yes" campaign for the referendum on the Voice. The party's First Nations Network (aka Blak Greens) encouraged members to abstain or vote no, on the basis that the Voice would be a "powerless advisory body". KAP MP Bob Katter (federal member for Kennedy) stated that the Voice to Parliament may not cover important issues faced by Indigenous Australians, instead proposing a designated Indigenous senator. However, he has given his support for a referendum. All three of the party's MPs in the Legislative Assembly of Queensland requested more information from federal and state governments (similar to the Liberals) and said that they could possibly support the Voice. On 16 February 2023, the party announced on Facebook that its MPs would not support the Voice. Leader Anthony Albanese has given his support and pledged that a referendum would be held. All state and territory Labor leaders support the Voice, however Queensland Premier Annastacia Palaszczuk has said that although she supports the Voice, she believes it should be explained better. Having publicly called for more information about the Voice to Parliament in August 2022 and February 2023, party leader Jacqui Lambie expressed support for the Voice in May 2023, and disappointment at opinion polling indicating a decline in public support in August 2023. Federal leader Peter Dutton had requested more information before his party decided on a position; however some members declared their own stances. Federal members of the party's Tasmanian branch were divided on the issue . On 5 April 2023, after a party room meeting, it was announced that the party will oppose the Voice citing constitutional risks. All members of the shadow ministry are bound by this decision but a conscience vote is allowed for backbencher members. The party also proposed an alternative to Labor's initial proposal and supports constitutional recognition of Indigenous Australians. After the decision, some members of the party indicated they would still support a Voice to Parliament despite their party room's position. Moderate backbenchers including Bridget Archer and Andrew Bragg as well as conservative backbencher Russell Broadbent indicated their support for a Voice. Furthermore, Julian Leeser resigned from his frontbench position as Shadow Attorney-General to support a Voice. The Nationals at a federal level stated that they oppose a Voice to Parliament, citing concerns that it would not be inclusive of regional areas. One Nation opposes both a Voice to Parliament and a referendum on the subject. United Australia Party Following the "If you don't know, VOTE NO" slogan, the United Australia Party stated "[we] will not support a constitutional change that divides us by race."
Non-parliamentary parties