Senate estimates reveal PM Albanese didn’t get legal advice before Garma Festival

A draft question asked by the Prime Minister has come under fire over the lack of legal advice sought before it was announced at a major annual event.

Prime Minister Anthony Albanese has been heavily criticised by the opposition for the “gobsmacking” lack of legal advice he sought before announcing the question he plans to ask Australians at a referendum.

At Senate estimates on Monday, it was revealed Mr Albanese didn’t receive legal advice from the Attorney-General’s department before unveiling what he planned to ask as part of a referendum of an Indigenous Voice to Parliament.

Mr Albanese read the draft question at Garma Festival in July: “Do you support an alteration to the Constitution that establishes an Aboriginal and Torres Strait Islander voice?”

Prime Minister Anthony Albanese read the draft question at the Garma Festival in July. Picture: Tamati Smith / Getty Images

While the senator representing the government in the room, Murray Watt, said there was no suggestion that would be the exact question Australians would be asked to vote on, Liberal senator Paul Scarr said he was “gobsmacked” Mr Albanese did not seek advice before going public with his draft.

Senator Watt said the words were not “necessarily the final product”.

“When he made the announcement, he referred to them as a starting point and we welcome discussion from all members of the public,” he said.

Senator Scarr said he was “absolutely staggered”.

“I would expect … given the significance of the Prime Minister tabling an amendment to our constitution, he would actually seek advice from the Attorney-General’s department with respect to the wording,” he said.

“I’m absolutely staggered; I’m gobsmacked, to be frank.”

The final question put to Australians at the referendum will be decided in consultation with legal experts, as well as the public. Picture: Tamati Smith / Getty Images

Senator Watt said the Prime Minister had made the announcement with full transparency that the words were merely proposed, and wanted Australians to have their say.

“I know your government doesn’t have a history of co-operating with state governments, territory governments, the public industry groups, unions and First Nations people, but we do,” he said.

“We are doing this in a consultative manner; inviting the wider Australian public to put forward their views about the proposed wording.

“We will listen to those views … And the words will be settled, having listened to the Australian public, lawyers, (and) the attorney-general’s department.”

Australians will be asked to vote on whether or not a Voice to Parliament should be enshrined in the Constitution sometime during the 2023-24 financial year, Indigenous Affairs Minister Linda Burney said earlier on Monday.

Originally published as Senate estimates reveal PM Albanese didn’t get legal advice before Garma Festival