What’s with the Voice?
The second article in the series on the Referendum for the Voice to Parliament, by Bass Coast South Gippsland Reconciliation Group.
This is the second article in the series on the Referendum for the Voice to Parliament, by the Bass Coast South Gippsland Reconciliation Group.
The Australian people will vote in a referendum for the Voice to Parliament some time between October and December this year. A referendum is a vote to change the Australian Constitution which is the founding document of our nation, and the primary source of our law.
A referendum must be passed by a majority of voters nationally, and a majority of states.
The simple yes/no question that we will vote on is:
"Do you support an alteration to the Constitution that establishes an Aboriginal and Torres Strait Islander Voice?”
The new words inserted in the Constitution shall read:
- 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 parliament and the executive government 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 the composition, functions, powers and procedures of the Aboriginal and Torres Strait Islander Voice.
Part 3 above indicates that it is the Parliament, not the referendum, that will deal with the details of how the Voice will work. A referendum gives the people’s agreement to a change in the Constitution, and then the legislation to define how it will work is negotiated in Parliament.
The Uluru Statement from the Heart requested that the Voice be enshrined in the Constitution rather than merely legislated so that future governments cannot abolish or ignore it.
We need structural reform to give First Nations people greater say in decisions affecting their lives. The right to self-determination under the UN Declaration on the Rights of Indigenous People has so far been ignored in Australia.
The Voice will give advice to parliament and to the public servants drafting legislation, based on the best advice possible from the ground up. Parliament is not required to take the advice, but they should in good faith listen. The Voice will be held accountable and under great scrutiny from parliament, from First Nations communities and the people.
It will not be a third chamber of Parliament. It won’t make laws, only advise on their content. It will concentrate its advice on areas of importance like health, education, justice and jobs. Advice will be drawn from consultations in communities, and it is no more likely to be controversial than any other important legislation.
A structure for the Voice has been proposed through the Co-design Process 2019-21 and its Report, which was authored by Professor Marcia Langton and Tom Calma AO.
Whilst this is detail that will be worked out by Parliament, the Co-design Report recommends establishing local and regional Voices reporting to a national Voice.
The Voice will comprise two members per state, plus five members for remote representation, and one member for Torres Strait Islanders living on mainland Australia. It will definitely not be an elite
‘Canberra Voice’. Its membership will be drawn from everyday First Nations people from every corner of Australia.
The Voice is a common-sense response to years of failed policies and programs that do not take account of what First Nations people know about their communities. We need at last to listen to their Voices.
The next article will deal with the pros and cons of the Voice.
