An Aboriginal family who lodged a Federal Court racial discrimination claim against the Australian Electoral Commission in July, alleging they were subjected to racist treatment on the day of the 2023 Voice Referendum and in the handling of their subsequent complaint, have renewed their call for justice to mark the second anniversary of the failed vote.

The Benton family from Queensland say the incident on referendum day caused lasting harm and are calling for stronger action and education to address racism against First Nations people.

Barkindji Koori man Murray Benton said the experience highlighted the need for change.

"Every Australian deserves to live free from racism and discrimination," he said.

"As a young Aboriginal person, I'm fighting for a future where our people can walk in safety and pride, where our Elders are honoured and not harmed, and our young ones grow up strong in culture and identity.

"When I see or experience racism, I can't stay silent. We hold a collective responsibility to stand up, speak out, and make sure this kind of treatment ends with our generation."

The National Justice Project is representing the family in the case.

On Tuesday, senior lawyer Ariane Dozer said the situation reflected systemic failures.

"The Voice Referendum was designed to, at long last, establish a mechanism to recognise and listen to First Nations People," she said.

"For an Aboriginal family to walk away from the polling booth feeling profiled and violated is a national disgrace. Our institutions must do better."

Professor Lindon Coombes from the Jumbunna Institute for Indigenous Education and Research said racism in democratic processes undermines Indigenous participation.

"Any instance of racism through our democracy threatens to undermine decades of advocacy by Indigenous people who worked hard to ensure our genuine participation in the democratic process.

"A democracy is only as strong as its commitment to safeguarding the rights and dignity of all citizens, especially those who have faced persistent exclusion and discrimination."

Mr Benton urged people to use the Call It Out racism register to report similar incidents.

"I am stepping up to call out what my family experienced because silence only protects the problem," he said.

"The Call It Out Racism Register provides a safe and accessible way to do that by turning experiences into evidence, awareness, and action.

"We have the right to vote, just like we have a right to live, learn, work, and participate fully in this country – without being profiled, humiliated, or silenced."

The latest report documented hundreds of incidents in a single year, many linked to the Voice Referendum and invites people to report any instances of unfair or unjust treatment towards Indigenous people.