1998 Australian Constitutional Convention

The Voice to Parliament explained

Retrieved on: 
Wednesday, August 30, 2023

Now we finally have a date for the Voice to Parliament referendum, it’s a good time to return to the terrific work our academic experts have done to explain the Voice to Parliament – as well as debunking some of the misinformation and disinformation we’ve seen so far.

Key Points: 
  • Now we finally have a date for the Voice to Parliament referendum, it’s a good time to return to the terrific work our academic experts have done to explain the Voice to Parliament – as well as debunking some of the misinformation and disinformation we’ve seen so far.
  • Many of the questions we have addressed came from readers who took part in our Voice reader survey last year.
  • The Australian constitution and the 220-plus page report of the co-design proposed Voice are not very accessible for those of us who don’t speak fluent policy.

Helpful general information:

    • Pre-eminent constitutional scholar Anne Twomey reminds us of the referendum basics – what will it say on the ballot paper?
    • But what may have been forgotten is how we got here in the first place – and why it matters.
    • And is there a risk that proposals that are too detailed, or too vague, can end up being rejected by voters?
    • This article explores how factors such as race, religion, and experience with racial interactions may inform how these demographics could vote.

Constitutional and legal explainers

    • A constitutional law expert explains Legislation is an unsatisfactory way to institute a Voice to Parliament because, among other reasons, it would make the body insecure and vulnerable to the whims of different governments.
    • With 11 Indigenous politicians in parliament, why does Australia need the Voice?
    • Why is it legal to tell lies during the Voice referendum campaign?
    • Solicitor-general confirms Voice model is legally sound, will not ‘fetter or impede’ parliament Australia’s solicitor-general Stephen Donaghue provided the federal government with legal advice on the Voice to Parliament.

First Nations perspectives

    • Kelly Menzel explores the cultural and historical complexities behind many First Nations peoples’ apprehension or uncertainty around the proposed Voice.
    • Failure to incorporate Indigenous perspectives has contributed to decades of misinformed, ineffective policy such as the Northern Territory Intervention.
    • Why a First Nations Voice should come before Treaty A leading argument against the Voice to Parliament is that Treaty should come first.
    • Non-Indigenous Australians must listen to the difficult historical truths told by First Nations people In the Uluru Statement, alongside “Treaty” and “Voice”, there is also a call for “Truth”.

Voice, Treaty, Truth explainers

    • Since the Uluru statement was declared in 2017 we have heard calls from Aboriginal and Torres Strait Islander leaders for “Voice, Treaty and Truth”.
    • Our experts explained each stage of this process.
    • The Voice: what is it, where did it come from, and what can it achieve?

How did we get here?

A retiring NZ MP has suggested joining Australia – we should at least think about it (before saying no)

Retrieved on: 
Tuesday, August 22, 2023

Big policy ideas usually don’t come up in parliamentary valedictory speeches – they’re for saying goodbye and thank you.

Key Points: 
  • Big policy ideas usually don’t come up in parliamentary valedictory speeches – they’re for saying goodbye and thank you.
  • So departing Labour MP Jamie Strange was the exception last week when he made a case for New Zealand and Australia becoming one country.
  • But he talked up the potential economic benefits, and the option does remain open under sections 6 and 121 of the Australian Constitution.

A simplified relationship

    • Political union would simplify the relationship: trade would be more efficient, social and cultural ties might be strengthened, passports wouldn’t be needed and banking would be easier.
    • Indeed, an Australian parliamentary committee recommended political union in 2006, but the New Zealand prime minister at the time, Helen Clark, rejected the idea.
    • The then opposition leader, Don Brash, said it should at least be considered, but found little support.

From nation to state

    • Current constitutional arrangements would mean New Zealand simply became a state of the existing Commonwealth of Australia.
    • It would elect members to the federal parliament, but it would no longer have an independent voice in international forums.
    • Under the Australian Constitution, the New Zealand state parliament would be responsible for schooling, hospitals and transport, among the reserve powers of the Australian states.

The Voice and the Treaty

    • In Australia, opinion polls are showing the proposed Aboriginal and Torres Strait Islander Voice to Parliament doesn’t have the support it needs to pass a referendum later this year.
    • But even then, the idea that Māori people have a voice in government is largely accepted.
    • Australia’s prime minister argues that the Voice is a matter of justice because “it is common courtesy to consult people when you’re taking a decision that affects them”.

Culture and public life

    • There is no guaranteed Indigenous representation in either house and Australia would no doubt struggle to accept Māori representation.
    • At best, there might be two or three Māori seats in the lower house.
    • In reality, the Māori presence in public life gives New Zealand a cultural certainty and security that is not so evident in Australia.
    • Samoan, Tongan, Chinese and Dutch MPs (among others) occasionally speak their languages in parliament as statements of identity and belonging.

Despite indictment, Trump retains huge lead in Republican primary polls and narrowly leads Biden

Retrieved on: 
Wednesday, June 21, 2023

Despite the indictment, he retains a huge lead in national polling to determine the 2024 Republican presidential candidate.

Key Points: 
  • Despite the indictment, he retains a huge lead in national polling to determine the 2024 Republican presidential candidate.
  • Polls of early states will become more important as we approach these contests, but for now national polls are the best guide we have.
  • In the FiveThirtyEight aggregate of national Republican primary polls, Trump currently leads with 53.1%, with Florida Governor Ron DeSantis far behind on 21.2% and nobody else over 6%.
  • Trump’s lead has only marginally declined from 53.5-20.8 over DeSantis in my last US politics article in late May.

Biden’s ratings have not improved since debt limit deal

    • In late May, President Joe Biden agreed to a debt limit deal with Republican House of Representatives Speaker Kevin McCarthy, and the deal was passed by both chambers of Congress by June 1.
    • Biden’s ratings in the FiveThirtyEight aggregate are currently 54.2% disapprove, 41.2% disapprove (net -12.9).
    • In my May US politics article before the debt limit deal was struck, his net approval was -10.4.
    • The failure of Biden’s ratings to improve after the debt limit deal suggests Republican rhetoric on the need for spending cuts in the lead-up to the debt crisis was effective, and that McCarthy could have pushed for deeper cuts than what occurred.
    • Bad news for Trump regarding the indictment (his national favourability ratings have fallen) may be compensated by Biden’s drop in approval ratings.

Boris Johnson resigns from UK parliament

    • Johnson knew he would be forced to a byelection, so he resigned preemptively.
    • As Sunak and Johnson are rivals, it’s very unlikely that Sunak will allow Johnson to return as a Conservative candidate.

Right and far-right are doing well in Europe

    • If this occurs, Spain will follow Italy last year as the second major European country to fall to the right.
    • In Germany, the centre-left Social Democrats formed a governing coalition with the Greens and pro-business Free Democrats after the September 2021 election.

View from The Hill: Dutton would get a lashing if Voice lost, but the implications would be more serious for Albanese

Retrieved on: 
Monday, June 5, 2023

It doesn’t point to doom for the Voice, but it does suggest the referendum is in a fight of its life.

Key Points: 
  • It doesn’t point to doom for the Voice, but it does suggest the referendum is in a fight of its life.
  • This poll comes in the context of a drift downwards in the “yes” vote in other polling.
  • No one can doubt Anthony Albanese’s deep and personal commitment to the Voice, which will be the most important social issue he promotes this term.
  • On a political level, though, he may calculate that even if his gamble fails, the fallout will favour him.
  • Dutton has the most to lose, so the reasoning goes, whatever the result.
  • One course would be to legislate the Voice regardless, but that could be seen as flying in the face of the vote.

In the 1800s, colonisers attempted to listen to First Nations people. It didn't stop the massacres

Retrieved on: 
Thursday, June 1, 2023

Note of warning: This article refers to deceased Aboriginal people, their words, names and images.

Key Points: 
  • Note of warning: This article refers to deceased Aboriginal people, their words, names and images.
  • Words attributed to them and images in the article are already in the public domain.
  • Also, historical language is used in this article that may cause offence.

Spotlight on the treatment of Indigenous people

    • During the 1830s, slave rebellions in Britain’s colonies and a growing humanitarian movement in the UK pushed the government to abolish slavery.
    • The spotlight was then turned on the treatment of Indigenous peoples, both within and on the edges of the rapidly expanding British Empire.
    • [had] directed their anxious attention to the adoption of some plan for the better protection and civilisation of the native tribes.
    • shewn [sic] himself to be eminently qualified by his charge of the Aboriginal Establishment at Flinders Island.

An aim to convey ‘wants, wishes or grievances’

    • Protectors were to “watch over the rights and interests of the natives” and protect them from “acts of cruelty, of oppression or injustice”.
    • The protector was also to be a kind of conduit to express the “wants, wishes or grievances” of Aboriginal peoples to the colonial governments.
    • Read more:
      90 years ago, Yorta Yorta leader William Cooper petitioned the king for Aboriginal representation in parliament

A failure from the beginning

    • The protectorates scheme was also bound up in the supposed superiority of the colonisers’ race and Christian religion.
    • The ultimate goal was for Aboriginal people to become “civilised” and Christian – just like white people apparently were.
    • It was a paternalistic concept that ultimately turned humanitarian ideals into an even more violent and coercive colonial system.

How this history feeds into failed policies today

    • These supposedly moral standards around “protection” and “civilisation” ultimately forced Indigenous people to become less Indigenous.
    • These beliefs continue to permeate our government today through failed paternalistic policies such as Closing the Gap.
    • Such racialised policies draw on Australia’s history of containment of Aboriginal land and the ongoing colonial violence of “protection”.

Why can't we just establish the Voice to Parliament through legislation? A constitutional law expert explains

Retrieved on: 
Monday, April 17, 2023

It would be possible for the federal parliament to establish an Indigenous Voice by passing ordinary legislation.

Key Points: 
  • It would be possible for the federal parliament to establish an Indigenous Voice by passing ordinary legislation.
  • But such a body would be fundamentally different from the constitutionally enshrined Voice we are being asked to approve at a referendum later this year.
  • First, only a constitutional Voice responds to the call for reform set out in the Uluru Statement from the Heart.
  • Fourth, constitutional change will confer on the Voice a strong popular legitimacy that is not achievable through ordinary legislative change.

Why can’t the Voice be legislated and piloted for a few years, then put to a referendum?

    • We could imagine this might help to familiarise some Australians with the idea of an Indigenous Voice before voting on it.
    • However, there are shortcomings to this approach that arguably outweigh any benefits it might bring.
    • As the Uluru Statement makes clear, First Nations people have called for a Voice that is enshrined in the Constitution.
    • Read more:
      What happens if the government goes against the advice of the Voice to Parliament?

What legislation is ever debated in parliament that does NOT affect indigenous people?

    • It would be able to make representations to the parliament and the executive government “on matters relating to Aboriginal and Torres Strait Islander peoples”.
    • For instance, general election laws would fall within the scope of the Voice because of the disproportionately low enrolment and participation rates of First Nations people.
    • Some have argued this remit is too broad, potentially allowing the Voice to give advice on almost any issue.
    • It is said that a broad remit will ensure that the Voice facilitates the participation of Indigenous peoples in the making of laws and policies that affect them.