TRANSCRIPT
Australians are being asked whether they support a change to the Constitution through the upcoming referendum.
Once vote counting begins, it could take days or even weeks to get a final result.
But if it does succeed, the referendum's outcome would then go to the Governor-General David Hurley.
The Constitution would be changed to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.
Constitutional law expert Professor Cheryl Saunders of Melbourne University says it would then be up to parliament to determine just how the advisory body operates.
"The next thing that will need to happen is that legislation will need to be drafted to set the Voice up, provide for its composition and functions and so on. There will also need be some careful thought given within the government and parliament as to how it will relate to the Voice and how the answers to that will be reflected in legislation."
The principles for considering this have already been laid out through a co-design process.
But Professor Anne Twomey of the University of Sydney says even if the considerable double majority test for the referendum is passed, it could take years for the Voice to become a reality.
"This might take a while it could take a year - it could take longer - I would imagine that the Albanese government wants to get it done during this term of office just to make sure that it can complete the project. In the past, establishing other bodies, like the High Court of Australia, did take a number of years from after the point in which the constitution required them to exist."
The alternative is the nation votes No on the 14th of October.
The Constitution won't be changed.
But with the government and opposition at odds over the debate, Professor Twomey says both sides would need to closely examine the result.
"Both sides will be looking very closely to try to work out the reasons for the voting in the referendum in order to give them a strong indication of what is wanted by the Australian people. So, all of this really comes down to what the Australian people meant by a No vote and it's quite a difficult thing to work out."
One potential future - the prospect of another referendum, solely on constitutional recognition, has already been flagged by Opposition Leader Peter Dutton.
Professor Saunders says how the referendum outcome impacts calls from some for treaties to be established with First Nations people is also a matter of ongoing debate.
"In a sense that can happen whatever the outcome of the referendum. Whether it will or not I think is a matter for debate and a matter for wait and see. Even if there is political will to move forward with treaty if the referendum fails, it's going to take a while."
The result also won't prevent the states and territories from progressing their own action on these fronts.
Professor Twomey says that means regardless of the referendum's outcome, a spotlight has been placed on the need to improve how First Nations people are involved in policymaking decisions.
"It's the states and territories that actually have a stronger influence in the lives of Australia's Indigenous people and the outcome of the referendum won't affect what the states and territories continue to do. I think the one thing that everybody has heard loud and clear is that we need to pay more attention to Indigenous Australians and listen to them about the way about how laws and policies affect them."
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