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We're one step closer to an Indigenous Voice in Parliament

Legal consultations on a draft referendum question have begun.

Megan Davis. Cobble Cobble woman and architect of the Uluru dialogues. Picture: Roy VanDerVegt
Megan Davis. Cobble Cobble woman and architect of the Uluru dialogues. Picture: Roy VanDerVegt

Legal consultations on a draft referendum question have begun.

Legal experts from the Uluru Statement from the Heart have hit the road to seek national consultation on the Indigenous Voice to Parliament draft referendum question, in the latest step towards enshrining the Voice in the Constitution.

It's been a long road to get to this stage.

First, back in May, Prime Minister Anthony Albanese announced he would commit to The Uluru Statement of the Heart in full, and hold a referendum for the Voice in his first term in Parliament. 

Next, he announced the draft question that would be written on the ballots of Australians when they go to vote on the Voice. 

“Do you support an alteration to the Constitution that establishes an Aboriginal and Torres Strait Islander Voice?”

@theoz.com.au

Some young people aren’t sure what the Indigenous Voice to Parliament is, but are still willing to support it. The Voice would mean a group of Indigenous people are chosen specifically to have a say on laws, policies and programs that directly affect them 🎤 #auspol #australia #parliament #thevoice

♬ Sky Aesthetic - Tollan Kim

Then, he offered three amendments to the Constitution that would occur if the referendum passed.

  1. There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice.
  2. The Aboriginal and Torres Strait Islander Voice make representations to Parliament and the Executive Government on matters relating to Aboriginal and Torres Strait Islander Peoples.
  3. The Parliament shall, subject to this Constitution, have power to make laws with respect to the composition, functions, powers and procedures of the Aboriginal and Torres Strait Islander Voice.

And now, as of Wednesday, the legal team supporting the Voice  - The Indigenous Law Centre at the University of New South Wales - are taking this information to experts around the country to test the wording of the question and amendments, and make sure the Voice has its best shot at getting through.

Megan Davis, Balnaves Chair in Constitutional Law at UNSW and Uluru Dialogue Co-Chair, said the  nation-wide consultation with experts in constitutional law will provide the rigour required to set the Voice  referendum up for success. 

“We had always planned these workshops. They are similar to workshops we ran following the Expert Panel.  The Prime Minister released a version at Garma and we will be seeking feedback from those in the profession  who specialise in constitutional law,” Professor Davis said.  

Indigenous Australians Minister Linda Burney previously told The Oz that it was important the referendum question was worded imply, so Australians wouldn't get bogged down in the details. 

Hannah McGlade, member of the United Nations Permanent Forum on Indigenous Issues agreed, saying: "The referendum draft question is put very simply, so people can have a say about laws affecting us."

“While there is recorded high level polling support for the Voice, we have heard some opposition from various people, and it’s important that we engage and have a good dialogue," she said.

Ellie Dudley
Ellie DudleyLegal Affairs Correspondent

Ellie Dudley is the legal affairs correspondent at The Australian covering courts, crime, and changes to the legal industry. She was previously a reporter on the NSW desk and, before that, one of the newspaper's cadets.

Original URL: https://www.theaustralian.com.au/the-oz/news/were-one-step-closer-to-an-indigenous-voice-in-parliament/news-story/0b8b95815aff270e31fd3b782f51f12b