Voice to Parliament

Voice to Parliament

The Uluru Statement from the Heart drafted and endorsed at the National First Nations Constitutional Convention in 2017 called for the ‘establishment of a First Nations Voice enshrined in the Constitution’.

Both the South Australian and the Commonwealth governments have expressed commitment to establishing an Aboriginal and Torres Strait Islander Voice to Parliament.

The purpose of the Voice is to allow Aboriginal and Torres Strait Islander representatives to inform the policy and legislative decisions which impact the lives of First Nations people. It is not intended to give the Voice a vote or veto in any way. Rather, the objective is for members of the elected Voice to give independent advice to parliament and government.

The Voice is expected to be gender balanced, with elections held within electoral boundaries identified for this specific purpose.

South Australian First Nations Voice

The first election for the South Australian First Nations Voice to Parliament was held on Saturday 16 March 2024. 46 candidates were elected across 6 regions.

For more information about the election and the results, visit the South Australian Electoral Commission's First Nations Voice Election website.

On 26 March 2023 the South Australian Parliament passed the First Nations Voice Act 2023 (SA) (‘the Act’) establishing a First Nations Voice in South Australia. The Act commenced operating in part on 12 May 2023. The Aboriginal Lands Parliamentary Standing Committee Act 2003 (SA) was repealed on 1 July 2023 and the remainder of the Act (Part 4), relating to the Voice addressing Parliament, commenced operation on 1 January 2024.

The First Nations Voice Regulations 2023 (SA) set out further matters including the names of the regions, the number of members and prescribed native title bodies.

The Act amends the Constitution Act 1934 (SA) to recognise the importance of the voice of the First Nations people and the intention for those voices to be heard through the Act [Constitution Act 1934 (SA) s 3]. The South Australian Constitution is an Act of Parliament and, unlike the Commonwealth, does not (subject to several exceptions) require a referendum to be amended.

The Act provides for the establishment of the State First Nations Voice (‘the State Voice’) and Local First Nations Voices (‘Local Voices’). In particular:

The State will be divided into regions (initially 6 regions) which are to act as electorates under the Act. Each region will be assigned a name by the State Voice after consultation with the relevant Local Voices [s 9].
In each region, there will be a Local Voice comprising the number of members prescribed by regulations (which may differ depending on the region). One half of the members of each Local Voice must be female, and one half must be male [Schedule 1 cl 4]. Each Local Voice must elect two members of different gender to be the joint presiding members [s 12].
All members of Local Voices must be elected in accordance with Schedule 1 of the Act [s 21]. Only First Nations persons who are enrolled on the State electoral roll and who have completed a declaration of eligibility will be eligible to vote in elections [Schedule 1 cl 7]. Unlike general State and Federal elections, voting in elections for Local Voices is not compulsory [s 11(5)].
The State Voice is comprised of all the joint presiding members of each Local Voice [s 24]. They must elect two of its members (of different gender) to be joint presiding members of the State Voice [s 25].
The functions of the State Voice include [s 28]:
- to represent the diversity of First Nations people in South Australia;
- to liaise with the Local Voices to ascertain their views in relation to matters of interest and to present those views to the South Australian Parliament and the South Australian Government and other bodies;
- to engage with and provide advice to the South Australian Parliament and the South Australian Government on matters of interest to First Nations people;
- at the discretion of the State Voice, to engage with and provide advice to other levels of government and other organisations (including, to avoid doubt, the Commonwealth and other States and Territories) on policy and procedures that relate to matters of interest to First Nations people;
- to assign names to regions constituted for the purposes of this Act;
- such other functions as may be assigned to the State Voice by or under the Act or by the Minister.
The functions of Local Voices are set out in section 15 of the Act.
The State Voice must establish a:
- First Nations Elders Advisory Committee consisting of 2 people of different gender nominated by each Local Voice [s 30]
- First Nations Youth Advisory Committee consisting of 2 people of different gender nominated by each Local Voice [s 31]
- Stolen Generations Advisory Committee consisting of 6 members appointed by the State Voice [s 32], and
- Native Title Bodies Advisory Committee consisting of the persons appointed by the State Voice (being 1 person nominated by each native title body prescribed under the regulations) [s 33].
Members of the State Voice and Local Voices are ineligible for membership on these Committees. The State Voice may also establish other committees [s 34].
The State Voice must meet with the State Cabinet at least twice each year [s 43].
The State Voice can be briefed by and ask questions of the Chief Executives of the administrative units of the State Public Service in relation to matters of interest identified by the State Voice. The Premier must, subject to the regulations, arrange these Chief Executive briefings at least twice each year with any Chief Executives specified by the State Voice [s 45]. The joint presiding members of the State Voice can also request that the Premier arrange engagement meetings with Ministers and Chief Executives each year for the purposes set out in section 46.
The State Voice must provide a written annual report to a joint sitting of Parliament and one presiding member is entitled to address Parliament in relation the report [s 38].
The State Voice is required to be notified of bills before Parliament [s 39] and one of the joint presiding members is entitled to address either House of Parliament (but not both) in relation to any Bill that has been introduced into that House [s 40]. There are procedures regarding how and when the State Voice can address a House of Parliament. Notwithstanding this entitlement, nothing prevents a House from considering or passing a Bill about which the State Voice wishes to be heard prior to hearing from the State Voice.
The State Voice can also provide reports to the Parliament on any matter of interest to First Nations people [s 41]. Parliament can also request reports from the State Voice in relation to a specific Bill [s 42].

For the purposes of the First Nations Voice Act 2023 (SA), a First Nations Voice Code of Conduct and First Nations Voice Court of Disputed Returns Rules 2024 have been prepared and published in the Government Gazette.

For further information about the South Australian First Nations Voice, visit the Attorney-General's Department's First Nations Voice website.

Commonwealth Voice to Parliament

The Federal Government sought to have the Voice embedded in the Australian Constitution to prevent future governments removing it. To amend the Constitution, a referendum vote of the Australian people is required. A majority of Australian voters, and a majority of voters in a majority of the states, would need to confirm their agreement to the Voice. This is called a double majority. For more information about referendums, visit the website of the Parliamentary Education Office.

On 23 March 2023, the Prime Minister announced that the proposed question to be asked in the referendum would be:

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?

The Prime Minister further announced the wording of the chapter proposed to be inserted into the Constitution:

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.

Federal Parliament approved the proposed text and the referendum by passing the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) Bill 2023 (Cth) on 19 June 2023.

On Saturday 14 October 2023, the referendum was held. 60.06% of Australian voters voted no and 39.94% voted yes. All states voted no, as did the Northern Territory. The Australian Capital Territory was the only jurisdiction in which a majority of electors voted yes. The full results of the referendum are available via the Australian Electoral Commission tally room.

Voice to Parliament : Last Revised: Mon Mar 18th 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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