this post was submitted on 30 Aug 2023
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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.

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

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

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[–] [email protected] 0 points 1 year ago

'May' is used, (in addition to other reasons) because otherwise it creates a legal obligation on the Voice, to make representations.

It is up to the voice to make representations and the voice should want to make a representation on everything that effects Aboriginal Australians. Eve if the representation is "I don't hate this" The word may means the government isn't obligated to receive representations. As it is right now anyone "may" make a representation to parliament but it is up to parliament to accept or ignore such representations. The wording in the proposed amendment changes nothing.

And "shall receive" still puts the legal/constitutional obligation on the Voice to come up with and present those representations

If the voice wants to be heard it has to do the talking. (I feel stupid for having to say that) Who else should have the responsibility to make and present representations for the voice other than the voice?

The current wording doesn't force them to make representations, and more importantly, doesn't mean the creation and the Voice having to follow strict rules about when, how, and how often those representations are made.

Sure but the wording also doesn't force Parliament receive the representations either. They could receive a single representation once a decade and claim to have done their duty. Because the powers and construction of the voice is left to the Parliament to legislate and future governments to modify the government ultimately decides when and how the Voice can speak. It is a soft form gag order.

And also importantly, can't be closed down and discontinued through a legislative act of parliament.

The don't have to close down the voice they can just defund and declaw it till it is inoffensive. Again the funding, composition, and powers of the voice are all subject to legislature and thus not enshrined in the constitution.