Aboriginal family alleges racism on referendum day
Keira Jenkins |

Two years have passed since ballots were cast in the 2023 voice referendum, but for one Aboriginal family their experiences on voting day have had a lasting impact.
Murray Benton, alongside his mother and brother filed a racial discrimination claim in the Federal Court against the Australian Electoral Commission in May, alleging they were accused of theft and threatened with police involvement during the voice referendum voting process in 2023.
Mr Benton, a Barkindji Koori man, said his mother and younger brother, who has a physical and intellectual disability and was voting for the first time, were asked by electoral staff to remove the shirts they were wearing – branded with Yes23 – before they could cast their ballots.

“It’s completely unacceptable and quite disgusting that any woman, let alone an Aboriginal woman would be directed and made to remove any form of clothing in a public space in order to exercise their rights and freedoms,” he told AAP.
Mr Benton said he felt he was left with no choice but to take action after his family’s experience, feeling both a sense of responsibility and a lack of support when trying to engage in a complaint process following the incident.
“There’s a cultural responsibility I feel I have, noting our experience, on top of wanting to do what’s best for my family and make sure my mum and brother don’t have an experience like that again in the future, or any other Aboriginal or Torres Strait Islander woman or child for that matter,” he said.
During the referendum there was an increase in reports to the Call It Out First Nations Racism Register run by the National Justice Project and the Jumbunna Institute for Indigenous Education and Research.
A number of complaints related to referendum day.

For Mr Benton, the referendum held a mirror to Australia, highlighting the systemic nature of racism against Aboriginal and Torres Strait Islander people.
“I know from my own perspective and people in the community that I’ve spoken with, a lot of Aboriginal people felt quite isolated,” he said.
“Heightened experiences of racism (during the referendum campaign) definitely aided that feeling of isolation.”
While his family’s case is progressing through court, Mr Benton has called for action on instances of racism, and better education about discrimination against First Nations people in Australia.
He urged anyone who has experienced or witnessed racism to report it through channels like the Call It Out register.
“Until we can face and accept our history and understand how that shapes the present and informs the present, how can we expect to have real change, and move forward,” Mr Benton said.
AAP