Statutory group best way to go: experts

An indigenous ‘voice to parliament’ could be set up without triggering claims it’s a ‘third chamber’, experts say.

University of Sydney professor Anne Twomey.

An indigenous “voice to parliament” could be established without triggering claims it would represent a “third chamber”, with leading constitutional experts ­arguing that many groups already advised the government without facing similar accusations.

Constitutional law expert at the University of Sydney, Anne Twomey, told The Australian ­yesterday that there was a “great deal of legislation that requires certain bodies to review the operation of acts, or parts of acts” and then report to parliament.

She also listed a number of entities that were relied upon by the government to provide expert analysis on key issues, including the Productivity Commission, the Australian Law Reform Commission, the Australian Human Rights Commission and the ­Auditor-General.

“The fact that the majority of people appointed to those bodies are lawyers and economists cannot be treated as discrimination against doctors and plumbers. The reason particular professionals dominate those bodies is due to their expertise and relevant experience,” she said.

“The same can be said of a group of indigenous Australians who have expertise and experience in how laws directed towards them are likely to affect them.

“There is nothing incompatible with the traditional functioning of parliament in providing pathways for it to be more informed in relation to the legislation it proposes to enact or the operation of the legislation that it has already enacted. This happens already through the tabling of ­reports and the giving of evidence to committees.”

Geoffrey Lindell, a law professor at the University of Adelaide, agreed that a range of bodies advised the parliament and noted that other nations had also tried to “come to grips with ­enabling the indigenous population to be heard and to meet with ­government”.

He said he preferred a “combination of both moves”.

“That is to say, you experiment with a statutory body. You set it up under statute and … then you see how it works.”