The Voice: questions and answers for everyday Australians
Later this year there will be a national referendum about a proposed change to the Australian Constitution. The reason for the change is to give recognition to the First Peoples of our country by establishing an Aboriginal and Torres Strait Islander Voice.
The Voice would be an independent and permanent advisory body. It would give advice to the Australian Parliament and Government on matters that significantly affect the lives of Aboriginal and Torres Strait Islander peoples.
1. What is meant by the term ‘First Peoples’?
These days, ‘First Peoples’ is the preferred term for all those Australians who are recognised as being either an Aboriginal person or a Torres Strait Islander. Similar terms are used in many other parts of the world, including Canada, the United States, South America and Africa.
The Indigenous ancestors of today’s First Peoples arrived in what we now know as ‘Australia’ up to 65,000 years ago. That’s 60,000 years before the Egyptian pyramids were built! Australia’s Indigenous culture is acknowledged as being the longest-lived culture in the world.
2. Why do we need to have this Voice?
Having learnt from mistakes of the past, all Australian Governments believe that efforts to assist and support Indigenous Australians work better when they receive advice from Indigenous people and involve them in designing important programs and services. The Voice will become the main channel for providing such advice.
3. But why should Indigenous Australians have their own special body?
For many decades, statistics have shown that Indigenous Australians are much more disadvantaged than other Australians in areas such as health, housing, life expectancy, education and employment. The Voice will help governments improve the quality of life for Indigenous Australians closer to the average standard enjoyed by the rest of us.
4. Okay, but why does the Voice have to be put in the Constitution?
For the work of the Voice to make a positive and lasting difference, it will need to be sustained for many years. By putting it in the Constitution, it will be protected from the ups and downs of politics and changes of Government. That said, it will be a happy day indeed when it looks like the main work of Voice has been completed.
5. How will the Voice be established and how will it operate?
Already, a lot of work has been done to prepare suggestions as to how the Voice might operate but nothing has been finalised yet. If the change to the Constitution is approved by the referendum, Federal Parliament will then determine the precise arrangements for the Voice to be set up and go about its work. This is the normal sequence of events when the Constitution is amended.
The Australian government has plenty of experience in establishing and interacting with advisory bodies, eg in fields like agriculture and the arts. So, the wheel won’t need to be reinvented. However, there will be some final consultations to fine-tune things.
It is likely that the Voice will have between 20 and 30 members. This will help to ensure that there is a healthy mix of ages, genders, regions and experience. Aboriginal and Torres Strait Islander people have already said they would like to choose members of the Voice in accordance with the wishes of local and regional communities across Australia.
6. What powers will the Voice have?
The Voice will only have the power to provide advice. It will not have funds to distribute, it will not deliver services and it will not make laws and rules. It will only be able to make suggestions about such things.
7. Will the Voice be able to give advice on things like interest rates or defence spending?
In theory, the Voice could provide advice on hundreds of different things. However, the reality is that there are already several specific matters, eg Indigenous health, that are a priority for First Peoples and these are the ones that will receive the full attention of the Voice.
8. Will the Voice be able to force the Government to anything?
In a word, ‘No’!
Remember, the Government will want to receive advice that will help it do a better job. It will also have a moral obligation to consider such advice. However, the Government will retain its full powers to decide what action to take in response to the advice it receives. This is no different to what happens with recommendation from a Royal Commission, for example.
9.Will any other benefits come from the change to the Constitution?
Yes! A positive vote in favour of the change will mean a lot to many thousands of Indigenous Australians. All those who have done the work to put the Voice proposal together will feel that their huge effort has been worthwhile. Indigenous people across the country will feel that their place in the history of this vast continent is now respected by their fellow Australians. And many will feel fresh hope that their future looks brighter and they can now take their rightful place in helping to build a united and vibrant nation.
10. Will the Voice interfere with our system of Government?
The best way to answer this question is to turn to the official legal opinion of Dr Stephen Donaghue, the Commonwealth Solicitor-General.
He says that the proposed model for the Voice “will not fetter or impede the exercise of the existing powers of Parliament”. He also says that the Voice “is not just compatible with the system of representative and responsible government prescribed by the Constitution, but an enhancement of that system”.