Edited: 22 Sep 2024

This is definitely not the case and is undoubtedly the most commonly heard argument against the Victorian Treaty process as at writing this piece.

It is, though, not really surprising given that so many of the high profile (political and media) No campaigners have jumped on to the anti-Treaty bandwagon. (Check out the VAN Talks podcast episode featuring misinformation from Peta Credlin and Senator Jacinta Price here.)

The proposed amendment to the Constitution and the question posed in the referendum had nothing at all to do with a treaty. Nor, just to clarify, did it have anything to do with anything else in the Uluru Statement From the Heart other than the call for a Voice.

Here is the exact wording of the referendum question:

“A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. 

Do you approve this proposed alteration?”

And the “Proposed Law” we were being asked to approve was to insert the following new section into the Australian Constitution:

“Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples
129 Aboriginal and Torres Strait Islander Voice

In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

I. There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice; 

II. The Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;

III.The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.”

As can be seen, there is no mention at all of Treaty in the question or proposed law that was presented to the Australian people in 2023.

Additionally, the referendum as a federal initiative. Treaty is strictly a Victorian state initiative.