With the Voice to Parliament Referendum date announced to be October 14 2023, this thread will run in the lead up to the date for general discussions/queries regarding the Voice to Parliament.
The Proposed Constitutional Amendment
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:
there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice; 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; 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.
Past Discussions
Here are some previous posts in this community regarding the referendum:
- The Voice referendum official Yes/No pamphlets
- Linda Burney says there is everything to gain and nothing to lose by supporting the Voice
- Families distressed after 'highly misleading' video used by anti-Voice campaigners goes viral
- The Indigenous Voice to Parliament – separating fact from fiction | 7.30
- 10 questions about the Voice to Parliament - answered by the experts
- The yes pamphlet: campaign’s voice to parliament referendum essay – annotated and factchecked
- Fact-checking for the "No" referendum pamphlet was not compulsory
Common Misinformation
- "The Uluru Statement from the Heart is 26 Pages not 1" - not true
Government Information
- Referendum question and constitutional amendment
- voice.gov.au - General information about the Voice
Amendments to this post
If you would like to see some other articles or posts linked here please let me know and I'll try to add it as soon as possible.
- Added the proposed constitutional amendment (31/08/2023)
- Added Common Misinformation section (01/07/2023)
Discussion / Rules
Please follow the rules in the sidebar and for aussie.zone in general. Anything deemed to be misinformation or with malicious intent will be removed at moderators' discretion. This is a safe space to discuss your opinion on the voice or ask general questions.
Please continue posting news articles as separate posts but consider adding a link to this post to encourage discussion.
A summary of my viewpoint:
I am enormously sick of the no campaign brigading every discussion with terrible arguments in bad faith.
I have yet to encounter a legal expert, or for that matter, an Indigenous Australian who is accepted by their community, who is opposed. Similarly, the law is my degree. I've spent five years of my life studying it, and although I'm not a graduate yet (two units to go), I'd think I'd know more about this shit than Joe from bumfuck nowhere on Facebook.
There is no case for a no vote. None whatsoever. The change would not grant special rights to Indigenous Australians. It has been repeatedly explained by both lawyers and politicians. You can read the change yourself. It has to be a constitutional change, because that protects it from being outright removed by successive governments, which is the very thing that happened to the previous body that performed this role. By definition, it is not racist, as racism refers to negative treatment on the basis of race or ethnic background, and not differing treatment. This is one of three steps proposed by Indigenous Australians towards reconciliation, and isn't the endpoint. If it fails, it will be the endpoint.
When the colonisers arrived, Indigenous Australians outnumbered colonisers. Now, they make up just 2.5% of the population. We are driving them to extinction. If this fails, by the time we get around to trying again, it is likely the genocide will have all but been completed.
Ethically and morally, a yes vote is the only choice. Legally, it is the best choice for change.
How do you interpret the part at the end that refers to “powers”?
Also, just curious, have you studied constitutional law in your degree yet?
G'day, sorry for the long wait.
To preface: I have studied constitutional law (was a lockdown subject for me). I'm not going to claim to have the understanding of either the High Court or the Constitutional Lawyers I've encountered, and bear in mind IANAL, and nothing I say here constitutes a true legal interpretation.
Based on both other legislation where the term "powers" has been used, as well as the context in which it is used in the proposed wording, I read it as referring to any abilities it may rely on in order to make its representations. I couldn't tell you what these may be, as that would depend on the Government of the day, but my expectation would be they'd be related to information gathering, decision-making (including whether a chair would exist and veto power), whistleblowing, and those kinds of things.
The wording is purposefully very vague of course - which serves a few purposes. The big one is about making it hard for oppositional forces to take it to the High Court to claim whatever controversial action its taking is unconstitutional; there've been a few cases like that that just end up wasting the court's time, along with tax payer money. Similarly, keeping it vague gives plenty of room to legislation to define its limitations, and allows for evolution as the needs of the community change.
Sorry for the essay mate, tl;dr: did study Constitutional law, had a great teacher! Powers is kept vague, but I would argue it refers to abilities. Vaguery is a good thing in a constitution because it gives room for the law to adapt and evolve.
Even if "powers" implied devolution which is just insane, this would be with the consent of Parliament.
Just to point out, racism does not have to be negative treatment. Racism just has to be inequitable. The proposed amendment creates a system for Indigenous Australians, which is unavailable to other Australians. That is inequitable.
The changes needed can be achieved without a Constitutional amendment.
and removed next term when the next quasi fascist gets elected.
frankly im a little sick of the 'no' side claiming the Voice will both do nothing, but simultaneously cause some sort of irrepairable divide that will destroy the nation.
And every. single. cooker. is loudly vocally on the No side. Which makes it an easy choice for me
Found this which made me lol a bit
Insulting people and labelling people with whom you disagree doesn't foster good discussion and only emboldens their position
Tbh dude this thread is going to be a shitshow.
The alternative is a bunch of little shitshows to keep track of, so this is somewhat easier to moderate
Ah, a contained disaster. Fair point.
those people are more than happy to do the same. Wanting a respectful response in return? lol no
Doesn't matter: you should aim to be better than them
edit: dont worry just thinking out loud, my intention wasnt to derail the thread and on thought this thread should be a place for discussing the voice not the riff raff. apologies
Thanks for asking for feedback. The bit about cookers is worded a bit vaguely in such a way that it is unclear whether the converse is implied, that is, every vocal no voter is a cooker or a significant portion of vocal 'no' voters are cookers. And to be honest I do agree with that - just look at The Guardian's fact checking of the official 'No' essay, most of it was made up. It's just that using the term 'cooker' is probably not the most respectful way to convey that
all good. sorry mate i dont mean to sidetrack the thread, ill go back to lurking, thanks for the response
Come on, this is just FUD, plain and simple.
If the voice does turn out to be a white elephant, then we should have the flexibility to remove it and try again with a different model. I'm 100% on board with the Government of the day legislating a body, but I don't believe it should be in the constution, and I doubt I'm the only one.
Using inflammatory language is not the way to try and convince people one way or the other.
You mean how Howard removed atsic and implemented his 10 point plan? Yeah that was great...
Can't we just have another referendum to remove it if it's that bad?
Of course that's an option in theory - but in practice, referendums are incredibly expensive operations, not to mention generally damaging to public discourse of other issues.
Most Governments would prefer to just reduce any funding for the body down to the bare minimum required, and have it sit impotently to the side, rather than front up and say 'yeah nah, this didn't work, so here's another big money spend to fix the constitutional issue we created while we think of something else'.
But but that logic, it’s either not bad enough to be worth removing, or the government of the day has no real need to remove it.
Ergo, it being in the constitution is not really a problem.
The government only has no real need to remove it if they're happy with the status quo regarding inequality - they can still point to the (presumingly failed) body and say 'we tried' and not bother with something better.
Not what equity means. Equity refers to equal access to the same opportunities. Put simply, due to their post-genocide, White Australia Policy and "Breeding out the Black" (real campaign) numbers, Indigenous Australians completely lack representation in Parliament. Therefore they lack access to the opportunities your average Australian (regardless of race) has. An Indigenous Voice to Parliament will make things more equitable, not less, as it will provide access to the same opportunities of representation that the rest of us have already.
Indigenous Australians already have The National Indigenous Australians Agency (NIAA), employing 1,023 full time staff and a budget of $285M each year specifically for the purpose to "lead and influence change across government to ensure Aboriginal and Torres Strait Islander peoples have a say in the decisions that affect them."
The very detailed annual reports and corporate plans define their activities, plans, and successes fairly well: https://www.niaa.gov.au/who-we-are/accountability-and-reporting
Can we accept that this agency is providing equal (if not more) access to the same opportunities?
There are several differences between the National Indigenous Australians Agency (NIAA) and the proposed Voice to Parliament, according to constitutional and legal experts. Firstly, the NIAA is an internal agency accountable to the executive government. The proposed Voice, on the other hand, is an independent body that sits outside of both the executive and parliament. Secondly, the NIAA can only advise the executive government, while in contrast the proposed Voice can advise both the executive and parliament. Thirdly, the NIAA is not an entirely Indigenous organisation, whereas the proposed Voice would be composed entirely of Aboriginal and Torres Strait Islander peoples. Lastly, the NIAA can be abolished by an executive order, while the proposed Voice would have its existence guaranteed by being enshrined in the Constitution.
https://www.rmit.edu.au/news/factlab-meta/indigenous-australians-do-not-already-have-a-voice-to-parliament
The NIAA facilitated the entire Voice referendum proposal to the government, as detailed in their 272-page report in July 2021.
This process, run by the NIAA, involved 115 community consultation sessions in 67 communities and more than 120 stakeholder meetings around the country with over 9,400 people and organisations participating in the consultation process led by NIAA co-design members.
Are you suggesting that this was a waste of taxpayer dollars and "just another example of white people making decisions on behalf of black people"?
It's fairly obvious that you haven't read the document and are just trying to test whether I have done the same.
Page 241 details the 3 co-design groups as follows:
The Senior Advisory Group membership (p241):
The Minister will invite individuals to participate in the Senior Advisory Group. The Senior Advisory Group will include 2 co-chairs, Professor Tom Calma AO and Professor Dr Marcia Langton AM. The Senior Advisory Group will comprise around
20 members as determined by the Minister. The Senior Advisory Group will have a majority of Indigenous Australians who have a spread of skills and experience, and those with extensive experience and ability to work strategically across the co-design process. Consideration will also be given to achieving a balance of: gender; representation across jurisdictions; and the
urban, regional and remote spectrum, as much as possible.
The National Group membership (p244):
The Minister will invite individuals to participate in the National Group, following consultation with the Senior Advisory Group, and appoint a co-chair from among the Indigenous non-government members. The second co-chair will be a senior official from the NIAA. The 2 co-chairs will also be key contacts and representatives for the National Group. They will lead engagement with the Senior Advisory Group and Local & Regional Group, Minister and the Government at key points, as required.
The Local & Regional Group membership (p246):
The Minister will invite individuals to participate in the Local & Regional Group, following consultation with the Senior Advisory Group, and appoint a co-chair from among Indigenous non-government members. The second co-chair will be a senior official from the NIAA.
Facilitate: https://www.merriam-webster.com/dictionary/facilitate
As defined in the details of each co-design group:
All secretariat, logistical and administrative support will be provided by NIAA. This will include planning, logistics, travel arrangements and meeting support.
The co-chair for each group is a senior official from the NIAA.
Each group can request technical assistance, if needed, through the NIAA.
More details on how the groups operated, their purpose, activities, scope, timeframes, as established by the NIAA's process is defined in pages 241-247.
If you don't understand all of the above to be the definition of the word "facilitated", it brings into question whether you would under the wording of the Voice's proposed constitutional amendment.
There are Indigenous Australians in Parliament so this cannot be true.
I get a vote and that's it, Indigenous Australians also get a vote.
Sounds like the same opportunity for representation to me.
These parliamentarians don't necessarily represent or advocate for Indigenous Australians as they represent everyone in their electorate. Anthony Albanese doesn't just represent the Italians in his electorate, he represents everyone. That's how majority based systems work. The majority based system is a problem when you have a minority group who are so disadvantaged and have limited ways of having their voices heard. Especially when it's about policies and laws that affect them specifically.
Perhaps you should look up just how many existing governmental advisory bodies there are that have zero relation to the indigenous population. Maybe we should go and revoke them, you know, for equality
Australia has tried doing it without a referendum multiple times over our history, every single time they started promising and then fizzled out into nothing.
By putting it in the constitution, there would have to be a new referendum in order to undo the changes.
it is not necessarily inequitable. it is unequal. but it would only be inequitable if you think that the indigenous populations of Australia have been up until this point been treated on even footing with colonizers.
Yep and I'm not looking forward to the sort of bullshit arguments people will espouse in opposing a truth telling process.
That has been tried in the past, more than once, by both left and right wing parties. It failed miserably every time.