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:
- The Voice referendum official Yes/No pamphlets
- Linda Burney says there is everything to gain and nothing to lose by supporting the Voice
- Families distressed after 'highly misleading' video used by anti-Voice campaigners goes viral
- The Indigenous Voice to Parliament – separating fact from fiction | 7.30
- 10 questions about the Voice to Parliament - answered by the experts
- The yes pamphlet: campaign’s voice to parliament referendum essay – annotated and factchecked
- Fact-checking for the "No" referendum pamphlet was not compulsory
Common Misinformation
- "The Uluru Statement from the Heart is 26 Pages not 1" - not true
Government Information
- Referendum question and constitutional amendment
- voice.gov.au - General information about the Voice
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.
- Added the proposed constitutional amendment (31/08/2023)
- 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.
Would they? There's nothing in the proposed constituational amendment that says that the body has to be made up of indigenous people and indigenous people only.
Constitutional interpretation relies on all sources used to draft the document. Intentions must be gathered as this is a founding document, therefore all Acts spring forth from it. Explanatory documents, the Uluru statement itself, and documents by the referendum working group all support the idea of the A&TSIVoice being for ATSI people only.
Yet the constitution amendment doesn't say it, no matter what the "idea" is.
What's your point? This is the reason we have the courts. We could write into infinity the processes and procedure of a voice but the other bodies are free to determine those for themselves, we are leaving this to Parliament so that the voice can change according to need and times.
Should there ever be a need or a time when the Indigenous voice isn't entirely made up of indigenous people? If not, why not protect that in the constitution?
Because there are functional problems to this issue. The representative portion may be, but their might be other public servants who aren't aboriginal and may be excluded if mentioned in the constitution. If you insert functional requirements into the constitution to enable such things you remove the ability to change the Voice's functions as mentioned before. Legal interpretations suggest that a voice would have to be comprised of ATSI people regardless.