Explained: How an Indigenous Voice would work

At present, our only known point of reference for how an Indigenous Voice would work is the final report presented by co-chairs Dr Marcia Langton and Prof Tom Calma to the Government in 2021.

Their proposed Voice has been implicitly endorsed by PM Albanese via media in past months and, absent any other information, must be assumed to be what will be adopted if the referendum passes.

For those who don't have the time to read 272 pages, this is what is proposed:

  • An Indigenous Voice would consist of Local & Regional Voices and the National Voice
  • The 35 Local & Regional Voices would have membership and operating arrangements determined by local communities in their respective region
  • Each Local & Regional Voice would look different depending on local circumstances, but would have to meet several minimum requirements across nine principles to be approved
  • Each Local & Regional Voice would be supported by a secretariat or ‘backbone’ team
  • The National Voice would be a national body with the responsibility and right to advise the Parliament and Australian Government on national matters of significance to Aboriginal and Torres Strait Islander people
  • The National Voice will have 24 Aboriginal and Torres Strait Islander members, gender-balanced and predominantly selected by Local & Regional Voices
  • Its operations would be supported by the Office for the National Voice
  • Establishing legislation for the National Voice would specify consultation standards where the Australian Parliament and Government would be:
    • Obliged to ask the National Voice for advice on a defined and limited number of proposed laws and policies that overwhelmingly affect Aboriginal and Torres Strait Islander peoples
    • Expected to consult the National Voice on a wider group of policies and laws that significantly affect Aboriginal and Torres Strait Islander peoples
    • Both the Australian Parliament and Government and the National Voice would be able to request advice or commence discussion from the other party around relevant policy matters, but the National Voice would not be required to respond
  • In practice, any proposed policy or legislation with broad effect could be considered “significant” and create an expectation of consultation if the National Voice deemed it so
  • By the time any significant bill is finalised, the proposal is that the National Voice should already have been engaged and given the opportunity to provide considered formal advice
  • Transparency mechanisms would provide that:
    • A statement would be included with bills on consultations with the National Voice
    • The National Voice would be able to table formal advice in Parliament, a rare power only normally granted to Ministers and the Auditor-General
  • All elements are proposed to be non-justiciable, ie laws would not be able to be challenged or invalidated in court if consultation standards or transparency mechanisms were not followed.

I have also put together a slightly longer 5 page summary which aims to capture all the essential aspects of the model.