This is an expert analysis of the NIAA public consultations that were undertaken as part of the 2020-2021 Co-design Process for a national and regional/local Indigenous Voice. The genesis of this report is in concerns that the exclusion of the question of constitutional enshrinement from the terms of reference of the Senior Advisory Group and Voice Co-design Groups has undermined the legitimacy of any final Voice design.

Key Findings/Recommendations:

• In order to achieve a design for the Voice that best suits the needs and aspirations of Aboriginal and Torres Strait Islander peoples, the Committee recommends that the Australian Government initiate a process of co-design with Aboriginal and Torres Strait Islander peoples.
• The Australian public overwhelmingly want the federal government to accept the invitation of the Uluru Statement from the Heart (Uluru Statement). Ninety per cent of the public submissions to the co-design process demonstrate support for constitutional enshrinement of a First Nations Voice. They want the government to put the question of a constitutional First Nations Voice to a referendum.
• There is very low public support for a legislated Voice, or an approach of ‘legislate first’ with constitutional enshrinement to possibly follow. A third of public submission state explicitly that a referendum on the Voice needs to be held before the establishment of any legislation for the Voice.