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Indigenous Voice to Parliament referendum

A guide to resources around the Aboriginal & Torres Strait Islander Voice referendum

What is a referendum?

This video from the Australian Electoral Commission provides information about referendums:

How to change the constitution

A visual representation on how to change the constitution, briefly outlining the steps involved

How to change the Australian Constitution. Parliamentary education office (peo.go.au) - Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

An explanation of the referendum rules of 'double majority'. It states that for a referendum to be successful that it must both be supported by a majority of Australians as well as a majority of Australians within four states.

Changing the Australian Constitution - double majority. Parliamentary education office (peo.gov.au). Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

Referendums in Australia

In the Australian federal political landscape, the term "referendum" is employed to signify a vote aimed at altering the Australian Constitution. In contrast, the term "plebiscite" is used to denote a non-constitutional, non-binding, or advisory vote. Globally, these terms are often used interchangeably, but in Australia, their distinction is considered a unique local peculiarity.

Section 128 of the Australian Constitution provides for the ‘mode of altering the Constitution’:

  • A law can be enacted through two possible means: either by an absolute majority of each House of the Parliament, which requires the support of half or more of all the members in each chamber, or under specific circumstances, by a majority of either House twice within a span of three months.
  • The proposal should be presented to eligible voters who have the right to participate in House of Representatives elections, within a timeframe of two to six months following the law's approval.
  • For a change to be approved, a double majority is required, meaning that both a majority of the total votes cast by Australian voters and a majority of the six states must vote in favour of the change.

The voting process for a referendum is not strictly defined in the Constitution, except as the "manner as the Parliament prescribes." Accordingly, the Referendum (Machinery Provisions) Act 1984 operates very much like the federal election legislation, providing for pre-poll, telephone and postal voting, advertisement authorisation, and an appeal process.

Similar to elections, under the above Act, a referendum's timing is determined by the issue of a writ by the Governor-General, specifying the date when electoral rolls close (after 7 days), the polling day (always a Saturday) (between 33-58 days later, with pre-poll voting opening 12 days prior), and the date when writs have to be returned (after no more than 100 days).

The Act also requires the total number of vote for each state and territory to be certified by the Electoral Commissioner (votes in favour, not in favour, and rejected as informal). Once these are counted the writ can be returned by the Electoral Commissioner to the Governor-General. The result can be declared once the margin exceeds the number of remaining votes.

Voting in the referendum

Enrolling to vote

If you are registered for elections, you are automatically registered for referendums as well.

The deadline to enrol to vote or to change personal details passed on Monday September 18th, 8pm.

 

For future elections and referendums, it is important to ensure that your information is up to date or enroll for the first time if necessary.

You should take these steps if you have:

1. Recently changed your name or address.
2. Turned 18.
3. Become an Australian citizen.

To update your details or enroll, you will need to provide one of the following:

1. Your driver's license.
2. Your Australian passport number.
3. Your Australian Citizenship certificate.
4. Your Medicare card.
5. Alternatively, you can have someone who is already enrolled confirm your identity.

Please note that 18+ or Proof of Age cards are not accepted as valid identification.

You can enrol to vote or check your enrolment on the AEC website.

The ballot paper

When voting at a referendum, you will be given a ballot paper that contains the proposed amendment to the Constitution, along with a question asking for your approval of the proposed alteration. To cast your vote on the referendum ballot paper, simply write:

  • "YES" in the designated box if you approve the proposed alteration, or
  • "NO" in the designated box if you do not approve the proposed alteration.

You can read more about the referendum ballot paper and do your own practise vote on the AEC website.

More information

Peruse the FAQs about referendums on the AEC website.

Questions or Feedback

If you have any questions or feedback regarding this guide, please contact us via the Ask a Librarian service.