Prime Minister Anthony Albanese has taken the first steps toward a referendum that would enshrine an Indigenous Voice to Parliament.

He announced a proposed referendum question and three sentences to add to the Constitution in his speech at Garma Festival on Saturday.

But why does the government need to hold a referendum to enshrine an Indigenous Voice to Parliament, and what happens if it fails?

What is a referendum?

It’s a vote by the Australian people to change the Australian Constitution. Like an election, all Australians must vote in a referendum, but they are only asked a "yes" or "no" question.

The constitution can only be amended if a referendum is successfully supported by the majority of Australian voters and a majority of voters in at least four states or territories.

Why does the government need a referendum?

Constitutional law expert Professor Anne Twomey says there are four reasons for enshrining a Voice into the Constitution.


Here are the reasons in Professor Twomey's own words:

1."The constitution currently does not even mention Indigenous Australians. This amendment would recognise Aboriginal and Torres Strait Islanders in the constitution and show them respect by listening to their voices.

2.Inserting this provision in the constitution means that a future government cannot just abolish it or let it fall into neglect.

3.If the Australian people, in a referendum, vote to say that they want this body to exist and fulfil its role, this will put huge political pressure on both the government and Indigenous Australians to make it work effectively.

4.The mere fact of holding the referendum is important. It is the definitive expression of the will of the Australian people. Each state has already recognised Aboriginal people in its constitution, but no-one knows about it because it was done by state parliaments and not the people in a referendum."

Professor Twomey says a successful referendum "would amount to an important message to Indigenous Australians and the world at large about how Indigenous Australians are respected and heard in Australia."

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https://www.abc.net.au/news/2022-08-01/why-is-indigenous-voice-to-parliament-referendum-important/101287716