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| Referendum Council (2015–2017) | |
|---|---|
| Name | Referendum Council |
| Formation | 2015 |
| Dissolution | 2017 |
| Purpose | Advising on constitutional recognition and a referendum for First Nations |
| Headquarters | Canberra |
| Leader title | Chair |
| Leader name | Patrick Dodson |
| Parent organization | Prime Minister of Australia office |
Referendum Council (2015–2017) The Referendum Council (2015–2017) was an advisory body established to advise the Prime Minister of Australia and the Governor-General of Australia on options for constitutional recognition of Aboriginal and Torres Strait Islander peoples and on designing a referendum process in the style of prior national constitutional changes such as the 1967 Australian referendum and the 1999 Australian republic referendum. It operated amid national debates involving stakeholders like the Australian Labor Party, the Liberal Party of Australia, the Nick Xenophon Team, and Indigenous organisations such as the National Congress of Australia's First Peoples and the Lowitja Institute.
The Council was created in the context of campaigns led by figures including Eddie Mabo, Mabo v Queensland (No 2), Ken Wyatt, Patrick Dodson, and advocacy from groups such as the Australian Human Rights Commission, the National Aboriginal Community Controlled Health Organisation, and the Aboriginal and Torres Strait Islander Commission legacy, responding to prior reports like the Report of the Royal Commission into Aboriginal Deaths in Custody and the Garrett Review momentum from events including the Uluru Statement from the Heart and the Bringing Them Home report. It was formally announced by Malcolm Turnbull in consultation with ministers as part of a response to campaigning by leaders including Noel Pearson, Mick Dodson, and representatives of the Torres Strait Regional Authority.
Mandated to advise on whether a referendum should be held and how it should be framed, the Council included members drawn from Indigenous leadership and public figures such as chair Patrick Dodson, and members from communities represented by organisations like the Aboriginal Legal Service and the Congress of Aboriginal and Torres Strait Islander Nurses and Midwives. Its composition reflected inputs from institutions such as the Australian Institute of Aboriginal and Torres Strait Islander Studies, the Lowitja Institute, and representatives linked to the National Aboriginal Sporting Chance Academy and legal experts from bodies including the Australian Bar Association and the Human Rights Law Centre.
Over 12 months the Council oversaw a nationwide consultation comprising regional dialogues across locations like Uluru, Alice Springs, Darwin, Brisbane, Sydney, Melbourne, Perth and communities such as Tiwi Islands and the Anangu Pitjantjatjara Yankunytjatjara lands, engaging organisations including the Northern Land Council, the Central Land Council, the Aboriginal Hostels Limited, and elders networks related to Kuku Yalanji and Wiradjuri peoples. The dialogues drew participation from leaders and institutions including Noel Pearson, Mick Gooda, June Oscar, and representatives of the National Native Title Tribunal and the Australian Electoral Commission to discuss models like an Indigenous advisory body comparable to examples such as the Māori electorates discussions in New Zealand and advisory mechanisms akin to the Truth and Reconciliation Commission (South Africa).
In its final report the Council recommended that the Australian Constitution be amended in a manner responsive to the call from the Uluru Statement from the Heart for a First Nations Voice to Parliament and proposed procedural steps for a referendum following consultations akin to the 1967 Australian referendum process. The report proposed recognition measures, protections against racially discriminatory language similar to provisions discussed in debates around the Racial Discrimination Act 1975 and recommended an advisory model that would involve statutory design features linked to the Parliament of Australia and implementation mechanisms referencing precedents such as the Native Title Act 1993 and policy instruments debated in forums like the National Press Club (Canberra).
The federal response, announced by Malcolm Turnbull and debated within cabinets involving ministers such as Ken Wyatt and shadow counterparts from the Australian Labor Party led by Bill Shorten, rejected the specific constitutional framing recommended by the Council and instead proposed alternative advisory mechanisms, prompting commentary from activists like Noel Pearson, academics from the Australian National University, and advocacy groups including the Reconciliation Australia and the Australian Lawyers Alliance. The proposal remained politically contentious across parliaments, involving discussion in committees of the Parliament of Australia and submissions from institutions such as the Lowitja Institute.
Reactions ranged from endorsement by Indigenous leaders including Patrick Dodson and Mick Dodson to criticism from advocates who argued the government response failed to honour the Uluru Statement from the Heart; commentators from media outlets and scholars at the University of Sydney, University of Melbourne, and Australian National University analysed the Council’s process and outcomes. Critiques referenced historical precedents like the 1967 Australian referendum and legal concerns flagged by the High Court of Australia in constitutional interpretation debates, while public opinion polling by organisations such as the Australian Electoral Commission and academic centres tracked fluctuating support across electorates.
The Council’s work influenced ongoing discussions about constitutional recognition, the Uluru Statement, and later initiatives by governments and parties including the Australian Labor Party under leaders such as Anthony Albanese, renewed advocacy by Noel Pearson, and policy proposals debated in state forums including the New South Wales Parliament and the Queensland Parliament. Its legacy intersects with legal landmarks like Mabo v Queensland (No 2), continuing advisory models such as proposals for a constitutionally enshrined Voice, and institutional responses from bodies like the Australian Human Rights Commission and cultural institutions including the National Museum of Australia. Category:2015 establishments in Australia