Victorian Bar Council’s Indigenous voice to parliament comment ‘exceeds its power’

A Victorian barrister has told the state Bar Council it would ‘exceed its powers’ if it made a public statement on the Indigenous voice to parliament.

Lana Collaris says the Victorian Bar would be abusing its powers if it publicly stated a position on the Indigenous voice.

A Victorian barrister has told the state Bar Council it would “exceed its powers” if it made a public statement on the Indigenous voice to parliament, as rumours swirl that the institution is tilting in favour of supporting the proposed model.

Former Victorian Bar councillor Lana Collaris, who is adamant the state Bar would undermine its independence if it announced a position on the Indigenous voice to parliament, also labelled Bar president Sam Hay “weak” for failing to state his personal view on the matter.

Her comments come as 21 Bar Council members firm up their positions on the matter ahead of a council meeting next Tuesday where they will vote on whether the institution issues a public statement on Anthony Albanese’s voice model.

Ms Collaris told The Australian that while several “activist Bar councillors” were seeking to push through public support for a Yes vote, the Bar’s constitution prohibits the council from exercising its powers for political purpose. “The power of Bar councillors are constrained by the Bar’s constitution (which) makes it clear the Bar may only exercise its powers for its purposes,” she said.

“Those purposes are strictly defined in an exhaustive list as managing and administering the Bar as an independent professional association, regulating aspects of barristers’ practice, promoting and supporting the physical and mental well-being of barristers, maintaining a strong and independent bar, promoting the administration of and access to justice, and upholding the rule of law and democracy.

“Plainly enough, supporting the voice or any political position is not one of the purposes of the Bar.”

The Victorian Bar Council met last Thursday for about four hours to discuss the matter but no decision was made.

The Australian understands 11 councillors indicated support for the Bar backing the Voice proposal, while nine seemed likely to oppose.

The remaining councillor was Mr Hay, who was “refusing to show his cards”, a source close to the matter said.

The council is scheduled to meet again on May 9 to come to a conclusion on the matter.

Victorian Bar president Sam Hay KC.

Mr Hay is facing mounting pressure to state his position on the voice, and publish the positions of individual councillors.

When Ms Collaris wrote to Mr Hay last week asking him for his stance, he replied: “I’m still considering the matter.”

“I hope you’ll accept it from me when I say that I’m genuinely and carefully listening to the views being expressed on both sides of the debate,” he said.

Ms Collaris said Mr Hay’s position was “weak”, adding that “he should be transparent and let us know what he thinks”.

Meanwhile, a notice to convene a special general meeting is still being widely circulated among Bar members, proposing all 2200 vote on whether the ­association should announce a public stance on the voice or keep quiet.

The notice has received 36 of the 40 signatures needed to get over the line. It is expected to be lodged prior to next Tuesday’s council meeting.