The first formal step to holding a referendum has been taken, as the words to alter the Australian constitution to enshrine an Indigenous voice were presented to federal parliament.
Attorney-General Mark Dreyfus introduced the bill on Thursday, setting the wheels in motion for a referendum later this year.
He said the alteration would rectify more than 120 years of the explicit exclusion of Aboriginal and Torres Strait Islander peoples in Australia’s founding legal document.
“Recognition through a voice is neither the beginning nor the end of this story, but it is an important new chapter,” he told parliament.
“It is now 2023. It is time to accept the generous invitation in the Uluru Statement from the Heart. It is time to listen.”
Parliament finalised the rules around the distribution of referendum information and political donations last week, modernising laws that were last used for the republic vote in 1999.
While introducing the bill, Dreyfus invoked significant historical moments for Indigenous people, including the 1967 referendum, the 1992 High Court Mabo decision and the 2008 apology to the stolen generation.
But he said despite efforts of successive governments, efforts to close the gap between Indigenous and non-Indigenous Australians had not been successful.
“It is time for a different approach, it is a time to open a new chapter, it is time to listen,” he said.
“This is an important reform, but it is modest. It complements the existing structures of Australia’s democratic system and enhances the normal functioning of government and the law.”
The constitutional change will involve adding three clauses saying:
“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 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.”
Dreyfus received a standing ovation at the conclusion of his speech.
Constitutional law expert Anne Twomey said the wording of the constitution should ease concerns from critics that the voice would be able to advise on other matters, such as interest rates or defence policy.
“If the voice did make representations on a wide variety of things that had very little relationship with Aboriginal and Torres Strait Islander people, then the government is perfectly entitled to completely ignore them,” she told ABC Radio.
The attorney-general said nothing in the provision would impact the ordinary functioning of Australia’s democratic system, but rather it would enhance democracy.
“While the constitutional nature of the body and its expertise in matters relating to Aboriginal and Torres Strait Islander peoples would give weight to the representations of the voice, those representations would be advisory in nature,” he said.
“It will be a matter for the parliament to determine whether the executive government is under any obligation in relation to representations made by the voice.”
The proposed question to be put to the Australian people in the referendum is: “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?”
Opposition Leader Peter Dutton, who was not in the chamber for the speech, has not yet revealed whether the Liberal Party would support the voice.
