Tom Calma: Parliament will keep tabs on conserving Indigenous voice to parliament control

The power of having the voice enshrined in the Constitution is non-government parties can rally behind its advice if the government ignores it, key voice ­architect says.

The voice must be a ‘partnership with the government-of-the-day and the parliament, as well as the partnership with government agencies’ says voice architect Tom Calma. Picture: Gary Ramage

The power of having an Indigenous voice to parliament enshrined in the Constitution is non-government parties – including the opposition, the Greens and cross­benchers – can rally behind the body’s advice if the government of the day ignores it, a key voice ­architect says.

Tom Calma, a member of the referendum working group and co-author of the Calma-Langton report, told The Australian that Aboriginal and Torres Strait Islander people had been “honest brokers” over the past two decades but unfortunately governments had not been.

This greatly frustrated Indigenous Australians who’d worked on reconciliation for nearly two decades, he said, and on whom he acknowledged a No vote would have a “profoundly negative effect”.

“The major decisions are made by the government of the day. It’s why we’ve said to go to parliament (with the voice’s advice), so that all the other members – opposition, minor parties – all have a responsibility,” Professor Calma said.

“Up until now, arrangements have only been with the government of the day. The government has the say.

“By having a voice to parliament, all other members know what’s been said, so if the government doesn’t respond, it’ll be up to other members. If they see merit in what is being proposed, they should take it up with the government of the day.”

He said in the past, Aboriginal and Torres Strait Islander peoples were briefing minor parties and the opposition behind the government’s back.

Professor Calma said there shouldn’t be a legislative imperative on the government to consider the voice’s advice because the parliament was supreme, but he said it had been frustrating working with a government in “good faith” for it all to be ripped up or ­approaches changed when a new government was elected.

“It has to be a partnership with the government of the day and the parliament, as well as the partnership with government agencies.

“That’s why it’s very purposefully talked about a voice to parliament and a voice to the executive government,” he said.

Professor Calma said he wanted Australians to understand that it was not just ministers who were involved in creating legislation, but departmental and agency heads as well, which is why the voice to the executive government was important.

“It’s so frustrating when one party pushes something through, we work with them in good faith, and then another party goes in and we see a change of approach or a change of minister or prime minister.

“(But) the general public don’t understand and won’t understand when all these … diversion tactics are out there.”

He repeated that Aboriginal and Torres Strait Islander people had been the “political football” of past unstable governments.

“Somebody’s got to mature up at some stage,” he added.

Since Professor Calma, as Aboriginal and Torres Strait Islander Social Justice Commissioner, penned the Social Justice Report in 2005, which urged governments to commit to closing the gap, Australia had been through seven different prime ministers, which highlighted the “total instability in the parliament”.

“That’s what causes the problems, not Aboriginal people … and it’s exactly why we don’t have unity in a bipartisanship approach. The opposition are trying to win political points,” he said.

“I can recall very vividly Greg Hunt (in 2021) … when he launched the National Aboriginal and Torres Strait Islander Health Plan 2021-31. What Greg Hunt said was about partnership and about listening.”