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.
I will be out of the country that week. Anyone know if postal votes and/or early voting will be a thing for the referendum?
Here once the writs are in: https://www.aec.gov.au/referendums/vote/postal-voting.html
A summary of my viewpoint:
I am enormously sick of the no campaign brigading every discussion with terrible arguments in bad faith.
I have yet to encounter a legal expert, or for that matter, an Indigenous Australian who is accepted by their community, who is opposed. Similarly, the law is my degree. I’ve spent five years of my life studying it, and although I’m not a graduate yet (two units to go), I’d think I’d know more about this shit than Joe from bumfuck nowhere on Facebook.
There is no case for a no vote. None whatsoever. The change would not grant special rights to Indigenous Australians. It has been repeatedly explained by both lawyers and politicians. You can read the change yourself. It has to be a constitutional change, because that protects it from being outright removed by successive governments, which is the very thing that happened to the previous body that performed this role. By definition, it is not racist, as racism refers to negative treatment on the basis of race or ethnic background, and not differing treatment. This is one of three steps proposed by Indigenous Australians towards reconciliation, and isn’t the endpoint. If it fails, it will be the endpoint.
When the colonisers arrived, Indigenous Australians outnumbered colonisers. Now, they make up just 2.5% of the population. We are driving them to extinction. If this fails, by the time we get around to trying again, it is likely the genocide will have all but been completed.
Ethically and morally, a yes vote is the only choice. Legally, it is the best choice for change.
Just to point out, racism does not have to be negative treatment. Racism just has to be inequitable. The proposed amendment creates a system for Indigenous Australians, which is unavailable to other Australians. That is inequitable.
The changes needed can be achieved without a Constitutional amendment.
The changes needed can be achieved without a Constitutional amendment.
and removed next term when the next quasi fascist gets elected.
frankly im a little sick of the ‘no’ side claiming the Voice will both do nothing, but simultaneously cause some sort of irrepairable divide that will destroy the nation.
And every. single. cooker. is loudly vocally on the No side. Which makes it an easy choice for me
and removed next term when the next quasi fascist gets elected.
Come on, this is just FUD, plain and simple.
If the voice does turn out to be a white elephant, then we should have the flexibility to remove it and try again with a different model. I’m 100% on board with the Government of the day legislating a body, but I don’t believe it should be in the constution, and I doubt I’m the only one.
Using inflammatory language is not the way to try and convince people one way or the other.
this is inequitable
Not what equity means. Equity refers to equal access to the same opportunities. Put simply, due to their post-genocide, White Australia Policy and “Breeding out the Black” (real campaign) numbers, Indigenous Australians completely lack representation in Parliament. Therefore they lack access to the opportunities your average Australian (regardless of race) has. An Indigenous Voice to Parliament will make things more equitable, not less, as it will provide access to the same opportunities of representation that the rest of us have already.
Indigenous Australians already have The National Indigenous Australians Agency (NIAA), employing 1,023 full time staff and a budget of $285M each year specifically for the purpose to “lead and influence change across government to ensure Aboriginal and Torres Strait Islander peoples have a say in the decisions that affect them.”
The very detailed annual reports and corporate plans define their activities, plans, and successes fairly well: https://www.niaa.gov.au/who-we-are/accountability-and-reporting
Can we accept that this agency is providing equal (if not more) access to the same opportunities?
Indigenous Australians completely lack representation in Parliament
There are Indigenous Australians in Parliament so this cannot be true.
it will provide access to the same opportunities of representation that the rest of us have already
I get a vote and that’s it, Indigenous Australians also get a vote.
Sounds like the same opportunity for representation to me.
it is not necessarily inequitable. it is unequal. but it would only be inequitable if you think that the indigenous populations of Australia have been up until this point been treated on even footing with colonizers.
The changes needed can be achieved without a Constitutional amendment.
Australia has tried doing it without a referendum multiple times over our history, every single time they started promising and then fizzled out into nothing.
By putting it in the constitution, there would have to be a new referendum in order to undo the changes.
How do you interpret the part at the end that refers to “powers”?
Also, just curious, have you studied constitutional law in your degree yet?
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.
I have yet to encounter a legal expert, or for that matter, an Indigenous Australian who is accepted by their community, who is opposed.
Literally every one of my indigenous friends and colleagues that I’ve spoken to are voting no, including some who work for our government and are very well respected in their communities and in the government. Some run indigenous businesses and not for profits, some are elders and aunties/uncles, many are actively out there trying to make life better for indigenous people. I wasn’t sure which way to vote, but I’ll be voting no after speaking to them.
They all echoed the same thoughts - it’s virtue signalling, and they don’t want a seat at that table where they are not guaranteed to actually be listened to or respected.
I think it’s worth basically ignoring anyone who says “I’ve spoken to indigenous people.” In fact I would suggest anyone (for or against) who speaks to people around them and makes that judgment should consider consulting surveys/polls, rather than relying on their small circles as a sample size.
“I’ve spoken to indigenous people.”
Where did they say that? Are you really going to call the user a liar for saying they know Indigenous Australians? That’s weak tea.
Stating that all Indigenous Australians who you know are against it isn’t a valid argument.
I didn’t say that was the argument though. As you noted, I gave the reasons why they said they were voting no and why I’ll be voting no as well, because I agree with them. It just looks like white people virtue signalling so they can go “look how awesome and not racist we are! we’re giving the indigenous people some crayons and a seat at the table where we can continue to not listen to them” while also making them feel good because they then feel justified in being able to call people they disagree with racists.
I have yet to encounter a legal expert, or for that matter, an Indigenous Australian who is accepted by their community, who is opposed.
Lidia Thorpe? ex-Greens senator who split because she is against the referendum?
I’m still not sure I get Lidia’s arguments tbh. I agree with her on treaty and I honestly don’t know why (other than being a pack of racists) we haven’t implemented the recommendation of the royal commission into indigenous deaths in custody, I’m just not sure that voting the voice down is a good move or would even help get those things done. It could make Australia wake up to its past by giving it a shock, but just (maybe more) likely the referendum failing will empower racists.
I’m just not sure that voting the voice down is a good move or would even help get those things done.
Would voting up a powerless voice help get them done? It would be used as a way to put off further action. “What? You don’t need a treaty. We gave you a Voice to parliament last decade.”
Why has every piece of “information” about the No vote always boil down to “we don’t know”. But the yes voters have a bunch of answers to every question.
Its not “we don’t know” its that the Referendum makes the Voice subject to parliament. The lack of details on how the voice will operate means that there is no protection from the constitution. It is not a Voice enshrined in the Constitution. The voice we will get if the amendment is passed is the same as the voice we would get if Parliament made a voice without a referendum.
Referendum makes the Voice subject to parliament
Nope. Wrong.
The voice we will get if the amendment is passed is the same as the voice we would get if Parliament made a voice without a referendum.
No, it isn’t. A Voice enshrined in the Constitution will need another referendum to abolish. An Act of Parliament only requires… an Act of Parliament to abolish.
That’s already profoundly better.
Nope. Wrong.
No. Right.
The voice as it is will be in the constitution, but what the voice is will be left to the government in power. You can be damn sure that the second the LNP are in power again the Voice will be reduced to one white person who joins one meeting a year via zoom to give their opinion, which will always be “yeh nah the indigenous people are all good mate”.
That’s many peoples problem with it - the only thing enshrined in the constitution will be that it exists in some form, not what form not what actual influence or power it has. We’re voting for an idea without an implementation. That doesn’t sit well with many, myself included.
15 years of consultation with aboriginal commmunities across all of Australia.
Developed, vetted and approved by practicing constitutional lawyers.
Good enough for me.
I find it so frustrating when I hear NO campaigners say a constitutive is not required. Politicians should just do their job and it’s easy to consult ATSI people, no voice required.
They literally did that. Consulted ATSI people, as part of a plan to change things, with all major parties on board. They are showing how much they don’t listen by saying that they don’t need the voice to listen? Aaaghhh.
No voters are low-key racists, I 100% believe this- they hide behind some weak arguments to pretend they’re progressive, but deep down they are just bigoted at heart. at worst this Yes vote does nothing, at best it changes for the people the well-being and future of indigenous australians. This whole throwing water on the fire instead of using a fire truck is just obfuscation, and they’d also find a reason to vote No for the fire truck as well.
There are valid reasons to vote no. However most no voters seem to jump on all the excuses to try and justify their stance. Even when two reasons are contradictory.
Then complain that the YES side call them racist. I do think they don’t consider themselves racist. They think their opinions are just ‘common sense’ rather than discrimination. Or that the injustices are too long ago, ignoring current injustice.
The way I see it is we have 3 options. The voice. No change Another unnamed option.
They are against the voice. They recognize, for the most part, that there is injustice, but have no alternative path. To me, that’s intellectual dishonesty. If you recognize there is a problem, you either propose a solution or go with the proposed current actions to help, or accept status quo. A nonvite is a vote for status quo, but with added divisiveness sue to attempts made to actually have change, that are now rejected.
This is my take.
I really don’t know anything about the, nor the issues faced by indigenous Australians, nor the best way to address them. This just isn’t relevant to my day to day.
That said, if I made a list of people who’s opinions I respect and polled them I’m sure it would be overwhelmingly “yes”.
Voting no to this is simply reaffirming the status quo that violence is the only way foe minorities to gain a seat at the table.
This is an unprecedented, earnest, consensus, peaceful approach to a way forward. A way without killing.
Slapping it back out of fear is a vote in favour of violence, for that is the only other way indigenous people have gained political power in colonial nations.
Just be kind, choose to be kind. Please.
violence is the only way foe minorities to gain a seat at the table
https://en.wikipedia.org/wiki/Mabo_v_Queensland_(No_2)
Your claim is baseless fearmongering.
The Mabo decision, while significant, is not what we’re talking about here and is a bad faith misdirection.
When we compare the political situation of colonised peoples there is an enormous difference in political power and concessions granted between those who killed lots of colonisers vs those who did not. Comparisons abound from NZ, to Ireland and everything between going eastward.
The Mabo decision demonstrates that non-violent methods can be effective in Australia.
Your claim that violence is the only answer is dangerous and bordering on incitement. Now you are simply shifting the goal posts.
