Advisory Report on the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023

The need for constitutional recognition of Aboriginal and Torres Strait Islander peoples is unquestionable. The past two decades has seen consultations, reviews, inquiries and processes to develop a model for recognition that is both acceptable to Indigenous Australians and works within the framework of Australian public law and governance. The legislation under consideration in this report is the culmination of this extraordinary path. This report presents the findings of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum’s inquiry reviewing the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023, the proposed legislation to change the Constitution if supported at referendum. This inquiry was conducted with a high degree of public interest and engagement. The Committee received hundreds of submissions, in addition to thousands of documents in correspondence. A significant majority of these all spoke of their strong support of the Constitution Alteration’s provisions, which was also reflected in evidence during hearings. The Committee thanks all those who participated in the inquiry. The Committee was required to consider all of the legal and constitutional issues which have been raised about the proposed provision. We also considered whether the proposal gives effect to its intention, to give Australians an opportunity to meet the generous request in the Uluru Statement from the Heart for constitutional recognition through a Voice. Witnesses spoke about the ‘torment of our powerlessness’, how it impacts Aboriginal and Torres Strait Islanders and threatens to affect their children’s lives, and their children. They spoke about the potential for a Voice to overcome this powerlessness. Eminent constitutional experts, former justices and Aboriginal and Torres Strait Islander community leaders gave evidence to the inquiry during hearings in Canberra, Orange, Cairns and Perth. While some witnesses raised concerns regarding certain aspects of the iv legislation, the Committee is satisfied that the Constitution Alteration is not only fit for purpose but also will enhance Australia’s systems of governance and laws.