Confusion makes it hard to accept the voice proposal

Thank goodness for Janet Albrechtsen (“Dutton avoids PM’s culture war trap on voice”, 18/1) bringing us the information we need to determine our vote on the referendum. The PM and Minister for Indigenous Australians keep dodging the issues so quick and fast, it’s a wonder they haven’t knocked each other out. The Anthony Albanese and Linda Burney line is to consistently speak about the legislated voice or co-design, as if they are the same as the ­constitutional changes to enshrine the voice into Australian governing law. They are not the same and no amount of dodgems will make them the same.

Albanese and Burney keep telling us that the powers will be limited to offering advice to parliament and government. These are the powers of the legislated voice.

The Indigenous Voice Co-­Design Process Final Report ­explicitly says it will not be justiciable, but Mr Albanese has not indicated which design will be used. If the voice was only legislated through parliament, it would probably not be justiciable. But the change in the Constitution if passed by referendum will make former High Court judge Ian Callinan’s warning of a decade of litigation very likely.

High Court challenges will be based on the wording of the constitutional changes, not the design of the legislated voice.

When politicians conflate the legislated voice and the constitutional changes, it makes it very difficult for people to know what to believe. If you’re not sure or you’re sick of the confusion, vote No.

Joanne Foreman, Mansfield, Qld

Regarding Janet Albrechtsen’s piece, I would clarify two points. Firstly, my public statements on the history of free voting and campaigning on public votes within the Liberal Party have been clear: the precedent in my lifetime has been that liberty has been granted.

In the past three public votes on same sex marriage, local government recognition (not proceeded with) and the republic, Liberals have been free to support either the Yes or No cases in the past quarter century.

Secondly, I have been very cautious on the constitutional amendment put forward by the PM. I have been calling for an inquiry into the amendment so we can scrutinise the constitutional and legal issues. The risks need to be properly assessed by a parliamentary committee before I can give any advice about how the public should consider voting.

Senator Andrew Bragg

Once again Janet Albrechtsen is on the money. Voting for the voice, as presently being sold to us by Labor, is surely akin to signing up to purchase a new vehicle without first checking the driveaway cost, warranty details and future service charges – not a prudent deal by any measure and a foolish trap for any Australian, regardless of race, to tumble into. Many more details are still required.

Merryl Symons, Hamilton, Qld

I could read both Janet Albrechtsen and Will Swanton till the cows come home. It’s occurred to me how entertaining it would be to read an Albrechtsen column on a day at the Australian Open and a Will Swanton article on the pros and cons of a voice to parliament. I’m sure Janet’s would be forensic, accurate, and perhaps a tad cynical, while Swanton’s take on the voice might easily become a unique taste of the theatre of the absurd.

Rosemary O’Brien, Ashfield, NSW

Anthony Albanese says “the Calma Langton report makes very clear they do not want the body to be justiciable – that is, able to go to court to say ‘we weren’t asked about X policy, we should have been’. That will not be allowed.”

Once the voice is in the Constitution, Albanese, Calma, Langton et al will have no say in how activists choose to deploy it. I use the word “deploy” deliberately. It will be a weapon at the disposal of activists who want much more than Albanese envisages. It will be the High Court which decides if something is justiciable, not the government.

Peter O’Brien, Kiama, NSW

Albo doesn’t mind a beer. If he spent only a short time in a pub, he would be told that his referendum on the voice fails to pass the pub test!

Mary-Anne Higgins, Rose Bay, NSW