No truth to claim referendum writ wasn’t issued

Mikele Syron Published September 28, 2023 at 7.30am (AWST)

voice to parliament

Debate about the voice proposal is creating many dubious claims. (Image: Dominic Giannini / Dominic Giannini/AAP PHOTOS)

WHAT WAS CLAIMED

The writ for the Indigenous voice referendum has not been issued.

OUR VERDICT

False. The writ was issued on September 11.

With just weeks to go until the Indigenous voice referendum, there are claims a writ has not been issued for the national vote.

This is false. The writ was issued on September 11, in accordance with requirements set out in legislation.

The claim is made in a video (screenshot here) posted on September 13, two days after the writ was issued.

"Now with the referendum, is there a writ?" the man in the video asks (video mark 2min 25sec).

"I have never seen the writ. Where's the writ? I'm still asking for the writ … it is not a fair process. It is a fraudulent, fictitious process."

A screenshot from the Facebook video. — *The video is spreading fallacies about the voice referendum.*

A writ is a legal document requiring the performance of a specific act. With a referendum, it is sent by the governor-general to the Australian Electoral Commission to demand that a referendum be held.

In accordance with the Referendum (Machinery Provisions) Act 1984, a writ shall specify the date for the close of the rolls, for the referendum and the return of the writ (Part II, 8).

The act specifies the close of the rolls must be seven days after the issue of the writ. The writ sets the date as September 18.

The act also states the referendum day must be a Saturday, between 33 days and 58 days after the issue of the writ. October 14 is 33 days after the writ was issued.

The return of the writ must be no more than 100 days after the writ is issued. The specified date of December 20 is exactly 100 days on from September 11.