21/07/2023
Sarah Rayner is an Associate at Everingham Solomons Solicitors. Please see her article below, titled, ‘The Referendum’.
‘The word referendum isn’t one we have heard in a while, as it has been over 20 years since the last referendum was held in Australia.
But the word is being thrown around frequently at the moment, because we are scheduled to go to the polls later this year (sometime between September and December 2023- though the date has not yet been decided).
As we are hearing the word a lot more than normal, here's a quick overview on referendums.
The Australian Electoral Commission defines a referendum as a "a national vote on a question about a proposed change to the Constitution".
The Constitution is the document that sets out the rules, on how Australia is governed. It is the document that sets out how laws are made and how government is formed along with other things.
A change to this document is generally a pretty big deal, and because of that it requires Australia to vote on any proposed changes.
So, do you have to vote? Well yes. Much like a State or Federal election voting is compulsory for all citizens over the age of 18 years.
You vote in the same manner you usually would and the alternate options for voting will be available including early voting centers, postal voting, mobile voting teams, overseas voting and telephone voting. You will, however, need to meet the eligibility requirements for these types of voting.
You do not need to register to vote in a referendum, you will simply need to be enrolled to vote generally.
If you fail to vote in a referendum, fines can apply.
For a referendum to be successful, it must meet what is know as a double majority.
A double majority is where there is a national majority (ie 50% of all voters in the whole of Australian and majority of voters in at least four of the six states (ie 50% in 4 separate states of Australia).
If the double majority is met, then the constitution will be changed.
So finally, what is the question we will be answering for this referendum? Here it 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?'
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