Indigenous voice amendment wording change ‘gives broader scope’

Constitutional expert Gabrielle Appleby said the proposed amendment to the Constitution gives the voice broad scope on matters that directly and indirectly relate to Indigenous people.

Constitutional expert Gabrielle Appleby. Picture: Hollie Adams

Constitutional expert Gabrielle Appleby, who was invited to give a presentation to Anthony Albanese’s expert panel on the voice, said the proposed amendment to the Constitution unveiled last week gives the voice broad scope on matters that directly and indirectly relate to Indigenous people.

The Prime Minister on Monday described a reporter’s question about whether the voice could advise the Greens as well as the government as “strange” and said: “The voice is about matters that directly affect Aboriginal and Torres Strait Islander people. That’s what it’s about. And people shouldn’t look for, on the voice, distractions.”

The proposed amendment settled last week in two days of meetings between Indigenous leaders, Mr Albanese and senior ministers states that the 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 only part of this sentence that has changed since Mr Albanese announced it as a draft last July is the words “of the commonwealth” have been added after “executive government”.

Professor Appleby said the scope of the voice was broad “in that it would include matters ­directly and indirectly relating to Aboriginal and Torres Strait ­Islander peoples”.

“So, for instance, a matter such as the proposed introduction of voter ID laws would have fallen within its scope even though they are laws of general application, they have a significant effect on and are of deep concern to Aboriginal and Torres Strait Islander people,” she said.

The scope was not without limits, which ultimately would be determined by a court in a future challenge.

Constitutional expert George Williams, who also advised Indigenous leaders on elements of the voice, agreed with Professor Appleby, saying the proposed amendment for the advisory body announced on Thursday did not expressly limit it to matters “­directly” affecting Aboriginal and Torres Strait Islander people.

However, Professor Williams endorsed the words of the proposed amendment, including what he considered a broader power for parliament to make laws about the voice than was originally announced last July. In the earlier proposal, parliament could make laws only about the voice’s composition, functions, powers and procedures.