Electoral Matters Commitee backs changes to Referendum delivery to ensure Indigenous votes count

Jarred Cross
Jarred Cross Published February 13, 2023 at 4.10pm (AWST)

Federal Parliament's Electoral Matters Committee have supported proposed tweaks to referendum delivery ahead of the national vote on the Voice, particularly those aimed at ensuring Indigenous people having their say.

On Monday the Committee backed Parliament to pass the Referendum (Machinery Provisions) Amendment Bill, first tabled last year, subject to recommendations that "amendments are made to strengthen enfranchisement and participation in the referendum, particularly of Aboriginal and Torres Strait Islanders, and clear, factual and impartial information is made accessible to all voters."

The Bill, tabled last year by Minister for Indigenous Australians Linda Burney, concerns the technical elements of how referendums are carried out and not the subject being presented, which is in this case; constitutional reform to enshrine an Indigenous Voice to Parliament.

Committee chair and federal member for Jagajaga Kate Thwaits said that "above all, the legislation intends to modernise the referendum process and bring it into line with how recent federal elections have been conducted".

The modernisations related to factors including terminology used, postal voting, vote counting, and a simplified financial disclosure and foreign donation restriction framework.

On December 1, 2022, an invitation was presented to stakeholders and the public to make submissions for amendments.

Within their advisory report on the bill, the Committee recommended the Government consider any amendments to support "the highest possible participation in the referendum, particularly among Aboriginal and Torres Strait Islander communities" and "strongly consider" submissions made by the Australian Electoral Commission.

The AEC called for: Conducting Remote Area Mobile Polling for up to 19 days ahead of the referendum date; Trialling the provision of Secure Telephone Voting in certain circumstances where a voter risks being unable to cast their vote in another manner; and providing for secure 'on the day' enrolment, enabling a potential new voter to cast a declaration vote that is admitted to the count once their enrolment is approved and processed.

The Committee also recommended the Government consider possible amendments to ensure "clear, factual and impartial information" it accessible to all voters throughout the referendum process.

This includes appropriate formats for Aboriginal and Torres Strait Islander voters, and those from culturally and linguistically diverse backgrounds.

Criticism has circled around the Government's decision not to distribute 'Yes' or 'No' pamphlets in line with previous votes under section 11 of the Referendums Act.

The committee acknowledged concerns from stakeholders surrounding this 'disapplication' and absence of any alternative method to provide information for cases for and against the change, while an "alliance model" Yes campaign was flagged by Minister Burney in January.

The Coalition's dissenting report advocated for the distribution of these pamphlets with equal funding, resources and bodies for either side "ensure the referendum is conducted as seamlessly as possible whilst ensuring misinformation is minimised"

They said a failure to implement campaigns for either side is at odds with the recommendation of appropriate information is delivered across the country.

The Coalition recommended the bill be opposed in its current form if they are not reintroduced.

Australians are expected to cast their vote on an enshrined Voice to Parliament by August this year.

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