Sun sets on old ways as clear Indigenous voice is heard

Government obliged to make joint decisions with Indigenous people in remote Australia by proposed Indigenous voice.

Indigenous Voice co-chair Tom Calma, Australia’s former race discrimination commissioner. Picture: Stuart McEvoy

Government will be obliged to make joint decisions with Indigenous people who live in the most ­remote pockets of Australia as part of the proposed Indigenous voice.

The voice is emerging as not only an advisory body to the commonwealth parliament and the federal government, but also as a means for Aboriginal and Torres Strait Islander people to share in decisions on programs and policies in their communities. 

The 230-page proposal for the Indigenous voice, to be published on Saturday, suggests a national voice of between 16 and 20 Indigenous people will provide advice to the federal government and parliament on matters of national significance to Aboriginal and Torres Strait Islander people.

The body would be run by two full-time co-chairs and parliament would be obliged to seek its advice on matters that impact Indigenous people.

That national body would be linked to up to 35 local and ­regional Indigenous voices from around Australia.

“While the key focus for the ­national voice would be to provide advice to the parliament and Australian government, the range of functions in scope for a local and regional voice goes beyond this, to also include shared decision-making with governments,” the report states.

The interim report on the Indigenous voice marks the halfway mark in its design. Over the next four months, Indigenous and non-Indigenous Australians will be asked to give their opinions and suggestions on the proposed ­models for the voice in surveys, webinars, stakeholder meetings and by making submissions.

The voice was an election promise of both the Australian Labor Party and the Coalition in 2019. It is intended in part to ­ensure better results from spending in Indigenous affairs.

Prime Minister Scott Morrison supported an unprecedented ­approach to policy-making for the voice — the proposed model was designed mostly by Aboriginal people over the past year, with ­advice and support from senior bureaucrats in the National Indigenous Australians Agency.

The work was overseen by ­Indigenous author and anthropologist Marcia Langton, one of Australia’s most accomplished researchers, and her co-chair Tom Calma, Australia’s former race discrimination commissioner.

“We want a robust system in which Aboriginal and Torres Strait Islander people and our communities are able to work in true partnership with governments, to have our advice heard by the parliament and Australian government and to be part of shared decision-making with governments at the local and regional level,” Professor Langton and Calma write in their introduction to the voice report.

The interim report on the voice makes a distinction between the role the voice should have and the role of the Aboriginal and Torres Strait Islander Commission, the national representative body ­established in 1989 and dismantled in 2004 following ugly allegations against some of its most senior office holders. The voice would not be responsible for ­delivering government programs, as ATSIC did.

“There was a strong awareness of the challenges faced by the ATSIC in combining a program delivery function with a strategic advice role,” the interim report states.

“These challenges included the need for a very large administrative arm to perform program delivery functions. “It created a complex dual accountability — accountability to the Australian government for service delivery and accountability to its Aboriginal and Torres Strait Islander constituency for its advisory function.

“There was a need for strong governance to manage issues such as conflicts of interest. ATSIC was increasingly held ­responsible for all services to ­Aboriginal and Torres Strait Islander peoples, rather than all other agencies (where the majority of Aboriginal and Torres Strait Islander expenditure occurred).”

How local and regional voice representatives are chosen is left open in the interim report. It is suggested that some bodies that already exist could play a role. These could include the new First Peoples Assembly of Victoria, Yarrabah Leaders’ Forum and the Torres Strait Regional Authority. The report stresses that the intention of the voice is not to exercise a veto or limit the legislative power of the parliament; rather it is to provide input where such power is exercised in relation to Aboriginal and Torres Strait Islander people.

It is also meant to provide a forum for people to bring ideas or problems to government and government should be able to use the voices to road test and evaluate policy. This process should work as a dialogue where the appropriateness of policy and its possible need for change should be negotiable.

The voice grew out of more than a decade of work on constitutional recognition of Indigenous Australians. In 2017, the Uluru Statement from the Heart called for a constitutionally protected voice. Whether the voice is ultimately enshrined in the constitution or in legislation will be decided once its final design is settled, Mr Morrison has said.

Professor Langton has said Australians will want to know exactly what the voice is, and she has urged people to look at the proposals and have their say.

Indigenous Australians Minister Ken Wyatt said that the government is delivering on its election commitment to codesign options for an Indigenous Voice and improve local and regional decision-making.

“The government has not reached any conclusions around the options presented in the report and is conscious that the consultation period is an important component of the process,” he said. “The government is particularly interested in ensuring that any voice structure in its final form leads to a greater say for Indigenous Australians on matters that affect them and real changes on the ground.”