Don’t get hung up on referendum timing, it’s words that count: Leibler

SETTING a date for a referendum to recognise indigenous Australians is not where the debate should be, says Mark Leibler.

SETTING a date for a referendum to recognise indigenous Australians in the Constitution is not where the debate should be. Rather, a consensus must be brokered by indigenous and political leaders on a process to determine the wording of the referendum, according to Mark Leibler.

The co-chairman of the expert panel on Aboriginal constitutional recognition — a prominent Melbourne Jewish leader and Aboriginal rights campaigner — was last night awarded an honorary doctorate of law by the University of Melbourne.

Mr Leibler is one of Australia’s leading tax lawyers and corporate strategists. He has been a strong advocate for taxation reform and is also known for advising some of Australia’s largest companies.

In his speech last night, he said the Mabo case, when the High Court recognised indigenous Australia’s pre-existing land rights, was a turning point for the country and for him. He said he had concluded acism and discrimination against indigenous Australians would continue to cast a shadow as long as race-based provisions remained in the Constitution.

“Changing our Constitution will not automatically abolish ­racism, but it will remove an unacceptable expression of it in our founding national document,” he said. “Whatever I have learned about indigenous affairs, I owe to Aboriginal leaders such as Galarrwuy (Yunupingu), Patrick (Dodson), Noel (Pearson) and professor Marcia Langton.

“These truly great Australians have taught me some powerful lessons; about empathy, humility, and the beginning of wisdom that tells you the starting point for understanding indigenous Australia is, surprise, surprise, to ask indigenous Australians.”

In an interview with The Weekend Australian, he said the nation was too focused on the timing of the referendum. “It is critical to ensure that when the referendum is held it is successful,’’ he said. “The key to having a referendum and making it successful is to agree upon the form of words. Once that is agreed, we can then set the date. I believe there’ll be great momentum for change once we reach agreement on the form of words.”