The 2023 Australian Indigenous Voice referendum was a constitutional referendum held on 14 October 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.
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.
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.
Referendum ballot papers asked voters: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?
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
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).
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.