this post was submitted on 19 Jun 2023
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A bill to alter the constitution and enable the Indigenous voice has passed the federal parliament ahead of Australia’s first referendum in 24 years to be held later in 2023.

The Senate passed the bill on Monday 52 votes to 19, confirming the wording of the constitutional change to be put to the Australian people. The draft legislation passed the lower house last month.

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[–] [email protected] 8 points 1 year ago

So what’s being proposed in the constitution is the need for the government to consult with the Voice on legislation affecting Aboriginal people.

No it doesn’t. All it does is setup the body, and declare that it “may make representations to the parliament and the executive government.” The imperative is on the body to make representations, not the government to do anything.

The word “representations” in this context is also a legal word that doesn’t carry much weight. They’ve specifically avoided using the word “consultation” which legally means they’d be liable for not listening to the advice. Currently any citizen may make representation to the parliament and government. They’re not actually giving the voice any real status.

This is the actual text going into the constitution.

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.