With the Voice to Parliament Referendum date announced to be October 14 2023, this thread will run in the lead up to the date for general discussions/queries regarding the Voice to Parliament.

The Proposed Constitutional Amendment

Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples

129 Aboriginal and Torres Strait Islander Voice

In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice; the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples; the Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.

Past Discussions

Here are some previous posts in this community regarding the referendum:

Common Misinformation

  • “The Uluru Statement from the Heart is 26 Pages not 1” - not true

Government Information

Amendments to this post

If you would like to see some other articles or posts linked here please let me know and I’ll try to add it as soon as possible.

  1. Added the proposed constitutional amendment (31/08/2023)
  2. Added Common Misinformation section (01/07/2023)

Discussion / Rules

Please follow the rules in the sidebar and for aussie.zone in general. Anything deemed to be misinformation or with malicious intent will be removed at moderators’ discretion. This is a safe space to discuss your opinion on the voice or ask general questions.

Please continue posting news articles as separate posts but consider adding a link to this post to encourage discussion.

  •  Dalek Thal   ( @Dalek_Thal@aussie.zone ) 
    5•10 months ago

    G’day, sorry for the long wait.

    To preface: I have studied constitutional law (was a lockdown subject for me). I’m not going to claim to have the understanding of either the High Court or the Constitutional Lawyers I’ve encountered, and bear in mind IANAL, and nothing I say here constitutes a true legal interpretation.

    Based on both other legislation where the term “powers” has been used, as well as the context in which it is used in the proposed wording, I read it as referring to any abilities it may rely on in order to make its representations. I couldn’t tell you what these may be, as that would depend on the Government of the day, but my expectation would be they’d be related to information gathering, decision-making (including whether a chair would exist and veto power), whistleblowing, and those kinds of things.

    The wording is purposefully very vague of course - which serves a few purposes. The big one is about making it hard for oppositional forces to take it to the High Court to claim whatever controversial action its taking is unconstitutional; there’ve been a few cases like that that just end up wasting the court’s time, along with tax payer money. Similarly, keeping it vague gives plenty of room to legislation to define its limitations, and allows for evolution as the needs of the community change.

    Sorry for the essay mate, tl;dr: did study Constitutional law, had a great teacher! Powers is kept vague, but I would argue it refers to abilities. Vaguery is a good thing in a constitution because it gives room for the law to adapt and evolve.