Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023

The majority voted in favour of a motion to pass the bill in the Senate. In other words, they voted to read it for a third time. Because it has already passed through the House of Representatives, it will now become law.

The Liberal Party was split on this bill, with 13 voting Yes and 8 voting No.

What does this bill do?

Note that this bill does not create the Aboriginal and Torres Strait Islander Voice (known as 'the Voice') and nor does it amend the Constitution at all. Instead, it allows the Government to put these matters to the Australian people through a referendum.

According to the bills digest summary:

• The purpose of the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 (the Bill) is to amend the Constitution to:

• recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia

• establish an advisory body known as the Aboriginal and Torres Strait Islander Voice (the Voice)

• provide that the Voice may make representations to Parliament and the Executive on matters relating to Aboriginal and Torres Strait Islander peoples, and

• give Parliament the power to pass legislation with respect to matters related to the Voice.

• The Bill, as a proposed law to alter the Constitution, must not only be passed by Parliament but must also then be voted on by the electors of Australia at a referendum.
• There is a long history of advocacy and support for recognition of Aboriginal and Torres Strait Islander peoples within Australia’s Constitution. This Bill responds to the invitation extended in the Uluru Statement from the Heart.

Some of the key issues addressed in the bills digest include whether:

• the Voice will be required to be representative
• sufficient detail on the operation of the Voice has been provided
• the ability for the Voice to make representations to the Executive Government will result in legal challenges
• the Voice would create special rights or be discriminatory
• the creation of the Voice could affect Aboriginal and Torres Strait Islander sovereignty
• the Voice will produce practical results to improve the lives of Aboriginal and Torres Strait Islander peoples
• the relationship between the Voice and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).