The Indigenous Voice to Parliament will be taken to a referendum at the end of 2023 - but before you vote yes or no you should understand at least some of the basics. What is the Voice to Parliament, what can it do, what can't it do, and how will it work? All these questions and more will be unpacked and also some historical context given.

The proposed change is to create:

Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples

129 Aboriginal and Torres Strait Islander Voice

In recognition of Aboriginal and Torres Strait Islander Peoples as the First Peoples of Australia:

1. There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;

2. The Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;

3. The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Straight Islander Voice, including its composition, functions, powers and procedures.

Some important context is that the proposed wording provides the ability for Parliament to alter it through legislation, which has led to a lot of misinformation. The legislation must still be relevant to its scope and function as an advisory body. The kinds of ways it could be altered involve things like its method of finding members - so the design principles are that members of the Voice would be selected by Aboriginal and Torres Strait Islander communities, not appointed by the Executive Government. Members would serve on the Voice for a fixed period of time, to ensure regular accountability to their communities. To ensure cultural legitimacy, the way that members of the Voice are chosen would suit the wishes of local communities and would be determined through the post-referendum process. This gives different scopes for election methods, either through broad general elections with single/multi-member electorates or local community bodies electing individuals based off certain franchise requirements, meaning not every single person needs to cast a ballot and, unlike general elections, can choose to be disengaged with the Voice if they so wish. While I do describe it as an elected body I do have to clarify that's based off the design principles and co-design report, not a constitutional requirement. The idea is malleable, is designed to take on board local Indigenous feedback, and any alterations are still accountable to the electorate broadly as they can judge the government and its handling of Voice regulations.

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Auspol Explained would like to acknowledge the Whadjuk Nyoongar people and their Elders as the owners and custodians of the Land that the episode was recorded and edited on. This Land was stolen and never ceded. It always was and always will be Aboriginal Land.