Referendum on recognition ‘feasible’: Ken Wyatt

Ken Wyatt says he is optimistic there will be a referendum on constitutional recognition in this term of parliament.

Minister for Indigenous Australians Ken Wyatt says constitutional reform was realistic in the next 18 months. Picture: AAP

Indigenous Australians Minister Ken Wyatt says he is optimistic there will be a referendum on constitutional recognition in this term of parliament despite the process facing delays because of the COVID-19 pandemic.

Mr Wyatt said he also believed an indigenous “voice to government” would be legislated and ­established before an election was likely called in 2022.

The minister’s backing of the government’s ambitious pre-pandemic agenda came as Scott Morrison last week declared the timetable for a referendum would depend on whether “consensus is able to be achieved for it to be successful”.

While acknowledging that COVID-19 had had a “significant impact” on consultation for a referendum, Mr Wyatt said constitutional reform was realistic in the next 18 months. “If we have got the right set of words, then yes, it is feasible,” he said. “I still remain ­optimistic. But part of the problem with constitutional questions is the education of the broader Australian public, preparing them for a yes vote. I would not want to see us go but then fail.”

The establishment of a legislated voice to government, a body that would advise governments on indigenous issues, would come ­before a referendum on recognising First Nations people in the ­nation’s birth certificate. “The voice is important because every time I go to communities, I have people and elders and traditional owners and native title owners time and time again say to me: when are we going to be listened to?” he said.

Opposition indigenous Australians spokeswoman Linda Burney said she thought it was unlikely the government would be able to meet Mr Wyatt’s time frame.

“They are going to run out of time because (constitutional recognition) will require a referendum and for a referendum to happen there needs to be legislation,” Ms Burney said.

“That has to happen six months before a referendum at a minimum. So if you think about it and if you put the timeline in place then they are actually running out of time. Unless we see legislation this year then it is going to be ­extremely difficult.”

Mr Wyatt used a landmark speech at the National Press Club last year to outline his ambition for a referendum on constitutional recognition in this term of parliament. The Prime Minister ruled out enshrining the “voice to parliament” in the Constitution as recommended in the Uluru Statement from the Heart. Instead, an expert group led by Marcia Langton and Tom Calma was tasked to design a “voice to government” through legislation. The voice and constitutional recognition were “decoupled” and treated separately by the government.

Professor Calma, chancellor of the University of Canberra and former ATSIC commissioner, said work on the indigenous voice to government had continued during the pandemic, with suggested models to be presented to Mr Wyatt in July or August. He said consultation with indigenous groups and state governments would occur later this year when a final model is chosen by the Morrison government cabinet.

“If the parliament sees out the full term there will be the potential to be able to get legislation in place to put into effect a voice,” he said.

“The reality is: if it is a voice to government it is a voice to parliament. Governments are the ones that make the decisions, not the parliament. If it is able to happen it will give (indigenous Australians) a lot more confidence.”