Referendum changes to pass Parliament after Labor wins Coalition support

The agreement between the parties means Labor won't need to rely on the Greens or crossbench to pass the legislation.

Country Liberal Party senator Jacinta Nampijinpa Price and 22 Indigenous community leaders at a press conference at Parliament House in Canberra. Source: AAP / Mick Tsikas/AAP Image

Legislation overhauling how referendums are run ahead of a vote on the Indigenous Voice will likely pass the Senate on Wednesday, after the government secured the Coalition’s support.

The Coalition has agreed to back the legislation after Labor agreed to provide pamphlets outlining the Yes and No cases, and to ensure a publicly funded civics campaign would be apolitical.

Special Minister of State Don Farrell also revealed that campaign organisations would be allowed to apply for deductible gift recipient (DGR) status, meaning they can receive tax-deductible donations.

“I can also confirm that a No campaign application for DGR status will be treated under exactly the same processes as those that may apply for the Yes campaigns,” he told the Senate.

The shadow Special Minister of State Jane Hume said she was grateful the government had negotiated with the Coalition in good faith.  

“We would very much like to thank the constructive way in which the government has engaged with the opposition … we have many more questions we will be asking of the government throughout this process but I can confirm we will be supporting this amendment,” she said.

Some remain wary

The Coalition has previously refused to support the Referendum (Machinery Provisions) Amendment Bill, which would bring referendum voting procedures in line with federal elections by allowing things such as the early opening of pre-poll voting and updating donation disclosures.

The deal means Labor will not need to rely on the Greens or crossbench to pass the legislation, with the government stressing the importance of securing wide parliamentary support.

Country Liberal Party senator Jacinta Nampijinpa Price and 22 Indigenous community leaders before a press conference at Parliament House in Canberra. Source: AAP / Mick Tsikas/AAP Image

However, Country Liberal Senator Jacinta Nampijinpa Price maintained she would cross the floor to vote against the legislation if the government did not make further concessions.

“Preferably I’d like for an official Yes and No campaign to be funded and if that’s not available then I will be crossing the floor,” she said.

“I’m not prepared for the Labor government to stitch this up to make this work in their favour with this particularly referendum.”

Voting accessibility and 'shoddy internet'

However, the Greens will continue pushing for further changes to the legislation to allow people to enrol at the ballot box on voting day.

Democracy spokeswoman Larissa Waters said all Australians should have the opportunity to vote.

“Often people’s access to ability to enrol is affected by all sort of things including shoddy internet in remote communities and all around the country,” she said.

“We need to ensure that people can enrol to vote on the day of the referendum and make their voice heard.”

Greens Senator Dorinda Cox and Greens Senator Larissa Waters at a press conference at Parliament House in Canberra, Wednesday, March 22, 2023. Source: AAP / Mick Tsikas/AAP Image

The party’s First Nations spokeswoman Dorinda Cox said it was critical the Green’s amendments were considered.

“We see the referendum machinery bill being a pathway, a pathway to a successful referendum, a Yes vote being successful at this referendum. It is the pathway to truth and treaty in this country, we want to make sure we’re able to achieve that,” she said.

Working Group on the move

Meanwhile, the government is gearing up to introduce legislation to formally alter the constitution in parliament next week.

The Referendum Working Group will meet with the Prime Minister and other senior members of the government tonight – including the Minister for Indigenous Australians and the Attorney-General – before the government reveals the new bill.

In a brief statement at Parliament House, Professor Megan Davis outlined what the group wanted from the government, including that the Voice be able to advise both Parliament and the executive government.

Professor Megan Davis speaks to the media at Parliament House in Canberra. Source: AAP / LUKAS COCH/AAPIMAGE

"The referendum working group has already agreed to key design principles: that the Voice provides independent advice to the Parliament and the government; that it's chosen by First Nation people based on the wishes of local communities; that it is representative of Aboriginal and Torres Strait Islander communities,” she said.

She also said the group wanted the Voice to be gender balanced and inclusive of young people.

“We are so close, so close to finalizing our advice … so close to doing what grassroots communities across the country have asked for,” Professor Davis said.