South Australian Yes campaigners are taking stock after the state decisively voted against a constitutionally-enshrined First Nations Voice to Parliament.
On the most recent count, 64.6 per cent of South Australians voted 'No' in the referendum – an overwhelming result in a state Voice proponents campaigned extensively in and knew they needed to win.
The landslide result comes a matter of months after South Australia became the first state in the country to legislate a state-based Voice to Parliament.
It has prompted questions about the future of the South Australian Voice – from whether its standing has been weakened by the referendum result, to if its days could be numbered before it even begins operating.
So, what's on the cards now for the SA Voice?
What is SA's First Nations Voice?
It's an elected body of representatives from across South Australia's First Nations communities, who will provide advice to the government on matters which affect them.
Unlike the failed federal Voice, the government didn't need to alter South Australia's Constitution to create the advisory body.
Instead, it established the Voice through legislation.
That means the public did not vote on whether the body should exist.
It also leaves future governments free to abolish or change the state-based Voice.
It is yet to begin its work, with the first elections not due to be held until this year.
What is the SA government saying?
Even before the vote, the SA government was strongly arguing there would be "no impact whatsoever" on the state-based Voice from the national referendum.
"On March 16 next year there will be that first election where Aboriginal and Torres Strait Islander South Australians will get to vote their own into local voices and those local voices will then select representatives to sit on the statewide voice," Aboriginal Affairs Minister Kyam Maher said earlier this month.
"I am absolutely certain, and the evidence shows that this will help us as a state government in the services and the programs we provide for Aboriginal people in this state."
Last week, SA's Commissioner for the First Nations Voice, Dale Agius, said the state was "committed to implementing a First Nations Voice to the South Australian Parliament", regardless of the outcome of the referendum.
Mr Agius said a consultation process had taken place "to get feedback from First Nations people directly around how they want to design their Voice here in South Australia".
"We've got inclusive feedback from our communities for a proposed model with how they want to go forward with a state-based approach," he said.
"Following on from that is going to be the next round of conversations with them to put forward nominations and elections.
"There's heavy excitement on how that could go forward."
Is that settled then?
Well, no.
It is important to note that the SA Voice's future is not just a decision for the current Labor government.
In this parliament, there was support to establish the Voice.
In future parliaments, it is possible there could be the support to disband it – that can be done with a simple act of parliament, because the SA Voice is not constitutionally enshrined.
In other words, there is nothing to stop a future Liberal government deciding to do away with the SA Voice.
And one Upper House MP, One Nation's Sarah Game, has already said she will introduce a First Nations Voice Repeal Bill on Tuesday in the wake of the referendum result.
But Mr Maher said there was "zero prospect" of the bill being repealed, saying he had spoken to his colleagues in the legislative council and they were "committed and absolutely resolved to our South Australian First Nations Voice".
What are the Liberals saying?
South Australia's opposition opposed the state-based Voice and was very prominent in the campaign against the referendum.
Liberal leader David Speirs was so critical of the Prime Minister's handling of the issue that, on referendum day, he called on Anthony Albanese to resign.
But Mr Speirs has been less clear about what would happen to the SA Voice if his party wins the next election.
He said he would not view the referendum result as a "binary yes or no" on the state Voice.
"I think they are different things, but equally we'll have to take a very good look at how that works in time," Mr Speirs said.
"I've said since that state-based Voice was brought in that we would look at and see how it was unfolding."
On Sunday, he said the Liberals would consider the state Voice and "come up with a position as to how we move forward" in the coming days.
"I've always said we're very open to amending this legislation should it be deemed not to be working," he said.
"That might include, should we conclude that South Australians don't want this state voice. They clearly don't want a federal voice."
Where to from here?
Elections will be held in March to determine the make-up of the Voice, with the state's First Nations population eligible to vote for six men and six women.
Overall, 46 people will be elected, and then 12 of those will form the Voice and be able to speak at the second reading stage of any legislation before the SA parliament.
Mr Malinauskas has previously said he anticipates the Voice to be "up and running formally during the course of next year".
Mr Malinauskas said yesterday that the legislated state Voice was "very different in nature" to the constitution change proposed in the referendum.
He described it as a "non-binding advisory committee" that can "occasionally make representations to the parliament on various matters" similar to other existing advisory bodies.
"And then it'll be up to the parliament to determine whether or not they accept or reject that advice," he said.
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2023-10-15 19:22:41Z
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