Administration and legislation limbo warning on Indigenous voice

Indigenous Australians could be in limbo without a voice to parliament for up to three years after a successful referendum as legislation is created and representatives to the advisory body chosen.

Indigenous Australians Minister Linda Burney. Picture: Getty Images

Indigenous Australians could be in limbo without a voice to parliament for up to three years after a successful referendum as legislation is created and representatives to the advisory body chosen.

Indigenous Australians Minister Linda Burney on Tuesday refused to say if there were any preparations under way to allow representatives of the voice to consult and advise parliament and the federal government in the period between the referendum, if it passes later this year, and the passage of legislation to establish the body.

Asked by The Australian if there would be an interim voice, Ms Burney said: “Our priority is to finalise the constitutional amendments for the Constitutional Alteration Bill that will be introduced into the parliament next month. I want to see a successful referendum result – that is where my energy is focused.”

Ms Burney previously has declined to put a time frame on when legislation for a voice could pass parliament – potentially not until after the next election, due in 2025.

Constitutionally, there will be a right of consultation for Indigenous Australians to advise parliament but no mechanism has been proposed.

As the Coalition holds out its support for the government’s referendum machinery bill, Greens leader Adam Bandt provided Anthony Albanese more wriggle room by confirming his party would support that legislation and the Constitutional Alteration Bill, which are essential for the voice referendum to occur.

The government wants the constitutional amendment legislation, which also outlines the question to be put at the referendum, to pass parliament by July in order for the referendum to be held in the second half of the year.

While the Greens are negotiating amendments on the referendum machinery legislation, including pushing for on-the-day enrolment and a much lower $1000 donation disclosure threshold, Mr Bandt said the party would work with the government to pass all necessary bills.

“There are some issues around the referendum legislation on the machinery question. There are some changes that we would like to see to the machinery bill and we’re having discussions with the government about those,” he said.

“But we want to see the referendum happen, which obviously involves passing both pieces of … legislation … And we want the referendum to succeed.”

The Coalition has vowed to oppose the referendum machinery bill unless the government agrees to create official Yes and No campaign entities and provide both with public funding.

If the government refuses to allow public funding, it will need the support of the Greens and two crossbenchers to push reforms to the Referendum (Machinery Provisions) Act through the Senate.

Australian Public Service Commissioner Peter Woolcott told Senate estimates on Tuesday public servants would be advised to remain apolitical during the voice referendum campaign, stressing they were “not advocates”.

Under questioning by Nationals Senate leader Bridget McKenzie, whose party is opposed to the voice, Mr Woolcott said he had requested a meeting with senior executives to talk through what guidance to provide.

“The voice is an emotional issue for many people, particularly First Nations people in the public service,” Mr Woolcott said.

“We want to make sure that as the debate unfolds … they feel fully supported in the public service. At the same time, we cannot walk away from the fact that public servants are not advocates.”