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There has been a lot of noise around the Voice to Parliament referendum, but when you head to the ballot box next month, what exactly are you voting on?
Unlike an election, you're not deciding on who is going to hold public office.
A referendum is when you decide whether to make a change to our constitution.
But what is this document? And what is the proposed change?
We break it down for you here, and show you what the constitution would look like if the Voice referendum is passed.
What is a constitution?
It is a set of rules that outlines how a country or state is run.
Nowadays, almost every government in the world has a constitution or a kind of higher law. Most of them are written down like Australia's.
How was the Australian Constitution created?
During the 1890s, representatives from Australia's former colonies came together in a series of meetings to draft the constitution.
They wanted to unite under a new level of national government known as a federation.
The final draft of the constitution was approved by a vote of the people, before it came into effect on January 1, 1901.
The colonies turned into Australian states, and a federal parliament was formed.
What does it cover?
The Australian Constitution contains eight chapters and 128 sections.
It sets out the basis for Australia's federal system of governance.
Here are some of the key features it establishes:
- the structure and law-making powers of federal parliament
- how the federal and state parliaments share power and expenditures
- the roles of the executive government and the High Court of Australia
- frequency of elections
The constitution is a legally binding document and has a special status — it can only be changed through a referendum and it overrides all other laws.
Even a law passed by federal parliament is invalid if it contradicts the constitution.
What doesn't it cover?
Some of the features of Australia's system of governance are not set down in the constitution because they are based on custom and tradition.
For example, the prime minister and cabinet are not mentioned in the constitution — they operate on convention, similar to the British system from which they came.
The constitution does not detail many of the rights of the Australian people either.
Unlike the constitutions of some other countries, Australia's does not include a list of the rights of citizens or a "bill of rights".
These rights are, instead, protected by common law (made by the courts) and statute law (made by parliament).
Aboriginal and Torres Strait Islander peoples are also not recognised in the constitution.
What is the proposed change to the constitution?
The federal government is proposing to add a ninth chapter to the document.
It comes in response to the Uluru Statement from the Heart — which was signed by more than 250 Indigenous representatives and calls for constitutional recognition through a Voice.
The proposed chapter would come after Chapter 8 and just before the Schedule and Notes.
Here is where it would go and what it would be titled:
The following lines would be inserted under a new section in this chapter:
On October 14, you will be asked whether you approve this proposed change to the constitution, writing "yes" or "no" on your ballot paper.
What would voting 'yes' do to the constitution?
The proposed change shown above would pass and the constitution would become nine chapters.
What would voting 'no' do to the constitution?
Nothing. The proposed change would not pass and the constitution would remain as eight chapters.
Have changes been made to the constitution before?
Yes. There have been 44 referendums with eight proposed changes approved by a vote of the people.
The most recent changes to the constitution were made in 1977, when three of the four proposals put to voters were successful.
The most recent referendum was held in 1999, with a proposal to establish Australia as a republic, but it was not successful.
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