Doubt over Linda Burney’s claim Indigenous voice to parliament won’t advise on Australia Day

Linda Burney’s claim the voice won’t advise on changing Australia Day is challenged by Aboriginal leaders, constitutional law expert.

Indigenous Australians Minister Linda Burney during question time on Tuesday. Picture: NCA NewsWire / Martin Ollman

Aboriginal leaders and constitutional law experts have cast doubt over Linda Burney’s declaration in parliament that the voice won’t give advice on changing the date of Australia Day, saying the controversial topic could become an issue the advisory body wants to pursue.

The Indigenous Australians Minister faced a second day of ­intense parliamentary questioning from the Coalition on what would and would not fit within the voice’s remit, after the government’s referendum legislation cleared the parliament and the Yes and No campaigns began ramping up.

Ms Burney, who was asked by deputy Liberal leader Sussan Ley if the Indigenous voice to parliament and executive government would be able to make representations to the defence force chief on military acquisitions or the ­location of bases, said: “The voice will make representations that ­affect Aboriginal and Torres Strait Islander people, but the voice will not run programs, it will not deliver funding and it will not have the power of veto.

“I can tell you what the voice will not be giving advice on: it won’t be giving advice on parking tickets, it won’t be giving advice on changing Australia Day. It will not be giving advice on all of the ridiculous things that this side has come up with.”

Constitutional law expert ­George Williams, a member of the government’s expert group advising on the constitutional amendment, said whether the voice made representations on Australia Day would be up to its members and parliament could not prevent it from doing so.

“It’s conceivable they would make representations on that,” Professor Williams said.

“The question is ‘matters relating to Indigenous peoples’ and a public holiday commemorating the colonisation of Australia Day might be something they make representations about. I only say ‘might’, we don’t know, but it’d be open to them to do so if they ­wanted and then it would be a judgment call.

“(Ms Burney) may know better than me. It’s her community after all. She may be making a judgment that she doesn’t believe they will. That’s why I don’t think she’s wrong, it’s just a judgment.”

Members of the government’s referendum working group agreed parking tickets would not fit within the voice’s remit but said Australia Day could be an issue on which the advisory body would want to make representations.

Sean Gordon, co-convener for the Liberals for Yes campaign and chairman of Uphold and ­Recognise, said: “I have no doubt it would become part of the ­conversation.”

He believed there were more important matters to focus on than Australia Day but ­acknowledged both Indigenous and non-Indigenous Australians were concerned about changing the date.

“When we look at the disparity gaps that exist between Indigenous and non-Indigenous Australians – how do we improve educational outcomes for Indigenous youth, how do we ­reduce incarceration rates?” Mr Gordon said.

“(Australia Day) could become a part of its remit, but it shouldn’t be the focus of the voice because at the end of the day changing the date isn’t going to address the ­ongoing challenges that exist in our communities.”

Senator Lidia Thorpe and members of the Blak Sovereign Movement hold a press conference at Parliament House in Canberra. Picture: NCA NewsWire / Martin Ollman

Tom Calma, who authored the voice co-design report with Marcia Langton, also said advice on moving Australia Day could be put to government by the advisory body if it was of great importance to members but he believed more tangible issues should be prioritised. “It (Australia Day) could very well be, if it’s seen as a priority for them,” he said.

“I think people will be very surprised as to how responsible Aboriginal and Torres Strait Islander people are in addressing the issues of significance to our wellbeing. I wouldn’t see that (Australia Day) as a high priority with the voice. Not in the first instance. There are plenty of other matters that should be considered.”

Another Aboriginal leader who wanted to remain anonymous said if Aboriginal communities thought Australia Day was a problem, they would talk to their voice representatives who would then offer advice.

Ms Ley said Australians were rightly confused about the voice and Anthony Albanese and Ms Burney were responsible.

“Linda Burney claims the voice will only make representations ‘on matters which affect Aboriginal peoples differently’ but told the parliament the voice won’t make representations on Australia Day,” she said. “The point is if Minister Burney is confident enough to make a specific claim, that Australia Day is out of bounds for the voice, why isn’t she able to rule out it having a role in the siting of defence bases, or a role in the national curriculum? Where is the detail?”

The Prime Minister on Tuesday conceded undecided Australians wanted more information about the voice.

The Yes campaign plans to explain its practical outcomes better as the campaign progresses.

“It’s always easier to get a No vote than it is to get a Yes vote in a referendum,” Mr Albanese told KIIS Melbourne radio.

“History tells us that that is the case. It’s something like eight successful out of 48. So, that’s not a great strike rate. But this is such a sensible reform.”

Outspoken independent senator Lidia Thorpe revealed she wanted to contribute to the voice No pamphlet, accusing the government of failing to “come good” on her demand for action on the Royal Commission into Deaths in Custody recommendations.

She and the black sovereign movement are campaigning against the voice, splintering the Aboriginal vote, just weeks after Senator Thorpe said she was planning to boycott the referendum.

“This is about asserting our sovereign status in this country and the fact that we don’t accept any colonial mechanism that continues to control us, which is what the voice ultimately is a part of,” Senator Thorpe said. “It has no power, it will be controlled by the parliament so we are here to say we don’t accept that. That is not good enough and we want to have a conversation with the so-called other sovereign who apparently lives in another country and apparently is named the King.”

A majority of MPs who voted for and against the Constitution Alteration Bill must respectively authorise the Yes and No pamphlets, which the AEC will need to receive by July 18.

Indigenous leader Pat Anderson, who stood alongside Mr Albanese as he declared his intention to campaign for the voice to parliament, said on Tuesday politicians should stay out of the debate, although she acknowledged they would be talking to their constituents.