Linda Burney (Barton, Australian Labor Party, Minister for Indigenous Australians) Share this | Hansard source

I rise to speak on the Referendum (Machinery Provisions) Amendment Bill 2022. This bill advances the government's commitment to hold a referendum to enshrine the Aboriginal and Torres Strait Islander Voice in the Australian Constitution, the Voice that will advise the parliament and the executive about matters that affect First Nations people. The Prime Minister has said the referendum will be held sometime between October and December, so there is a pressing need for us to modernise the legislation that governs how this referendum will be held.

Referendums are an important part of our democracy. The Constitution is the rulebook that governs our nation, yet there is no recognition in our founding document of this country's first peoples of more than 65,000 years of continuous connection to the land. The Constitution is the people's document. Politicians can't change it. Parliaments can't change it. Only the Australian people can change the Constitution, and it is my deepest wish that later this year Australians will vote 'yes' for constitutional recognition of Aboriginal and Torres Strait Islander Australians through the Voice.

Twenty-four years have passed since the last referendum, and since that time the Referendum (Machinery Provisions) Act 1984 has not kept pace with changes in the Commonwealth Electoral Act 1918. The bill will make amendments to replicate current electoral machinery provisions into the referendum context and ensure the voting process and experience is similar to that of a federal election. The bill will also ensure that integrity and transparency measures that currently apply to federal elections apply to the Voice referendum.

This bill also seeks to establish a financial disclosure framework for referendums to support transparency and accountability, as I have said. The accountability that I'm referring to is about expenditure. This bill replicates financial disclosure obligations in the Electoral Act, requiring those involved in referendum campaigning, referred to as 'referendum entities', to disclose how much they spend and receive on campaigning.

With respect to the 'yes' and 'no' pamphlet, amendments will be moved on this in the Senate, and I make that point very loudly. We are making a significant concession on this issue by agreeing to have both 'yes' and 'no' pamphlets, and we hope the opposition sees this and meets us halfway to support this legislation.

I want to briefly talk about what the Voice is. Put simply, the Voice is an advisory body that will consult with Aboriginal and Torres Strait Islander people about the matters that affect us. The Voice means delivering better practical outcomes in health, education and housing. The Voice is part of the Uluru Statement from the Heart, the largest consensus of Indigenous Australians on the way forward for this country. It is a once-in-a-generation opportunity to create lasting change. As the Prime Minister has said, the Voice will be an unflinching source of advice and accountability, a body with the perspective and the power and the platform to tell the government and the parliament the truth about what's working and what is not.

The Referendum Working Group has released design principles for the Voice. Those principles identify the Voice as a body that provides independent advice to the parliament and the government. It is chosen by First Nations people based on the wishes of local communities. It is representatives of Aboriginal and Torres Strait Islander communities. It is empowering, community led, inclusive, respectful, culturally informed and gender balanced and includes young people. It is accountable and transparent. It works alongside existing organisations and traditional structures. The Voice would not have a program delivery function, and the Voice would not have a veto power.

The next critical question is why the Voice is needed. Despite inhabiting this land for more than 65,000 years we have no place in the Constitution. It's like we never existed. For too long, policies were designed for Indigenous Australians, not with Indigenous Australians. To borrow a line from the Uluru statement, in 1967 we were counted; in 2017 we wish to be heard. We can't accept more of the same poor outcomes and more of the same gaps in life expectancy. That is why a voice to parliament is needed, because the Voice to Parliament will mean governments of all persuasions will need to listen to Aboriginal and Torres Strait Islander people on the issues that affect us. Respect works. Recognition works. When a government listens to people with experience and with knowledge of country and culture then the policies and the programs are always more effective.

This brings me to the next question: why does the Voice matter to all Australians? I believe everyone wants to make Australia a better place, whether your descendants came here on the First Fleet or your family arrived here during postwar migration. It doesn't matter if you live in the suburbs or the bush. We all want to make Australia a better place. We all want to see Australia move forward for everyone, and constitutional recognition through a voice will do that. Australians are proud of the unique place Aboriginal and Torres Strait Islander people hold in our shared history and, importantly, our shared future. This is a once-in-a-generation opportunity to build lasting change. It's on all of us present to commit to work hard. This needs to be done. Let's get this done together.

I want to speak briefly about the 60 Minutes report last night on Aboriginal deaths in custody: 527 Aboriginal and Torres Strait Islander people have died in custody since the 1991 Royal Commission into Aboriginal Deaths in Custody. It is a national tragedy. The footage of Veronica Nelson dying alone in pain was harrowing. Veronica made 49 pleas for help, and they were all ignored by the authorities. My heart goes out to Veronica's mother, Donna Nelson, and her family and loved ones.

Too many of our people are being robbed of their futures by a justice system that has failed them. I am working with the Attorney-General and Senator Dodson to implement the government's $99 million First Nations justice initiative. This means working with local communities to prevent First Nations people from entering the justice system. As Senator Dodson said to me this morning, the best way to prevent deaths in custody is to make sure our people aren't ending up in prison in the first place, and that is why justice reinvestment is so important.

Our justice reinvestment policy will enable up to 30 communities to establish locally tailored initiatives that address the underlying causes of incarceration and deaths in custody. Existing community-led justice investment models such as those in Bourke have proven successful in reducing incarceration and reoffending by providing targeted supports and services into their communities. To support these efforts, Labor will also establish an independent National Justice Reinvestment Unit as recommended by the Australian Law Reform Commission, and this unit will assist communities to develop and evaluate justice reinvestment initiatives in ensuring valuable lessons can be learned and shared across this country.

I want to conclude by quoting Galarrwuy Yunupingu from North-East Arnhem Land. He said, 'Together we must secure a future for Australia in which we can find harmony and balance for all people of this nation.' Galarrwuy has worked with no fewer than 10 prime ministers of Australia on the struggle for recognition, and has lived through many disappointments and broken promises. 'I am fire,' he said, 'and that fire must burn until there is nothing left.' The 1988 Barunga Statement still hangs upstairs in this place. Galarrwuy has been crystal clear:

We need to obtain balance in a new settlement. Indigenous Australians must be brought in from the cold.

To obtain balance, we must ensure that every Australian has the opportunity to involve themselves in the discussion. All Australians must think about their future.

Galarrwuy has despaired at the big talkers and the noise in the past, and I can only imagine that he must be doing so again now. If Galarrwuy were in this place, he would remind us that the future is our responsibility. All who are here today would be asked for their leadership on reconciliation, recognition and the referendum. Let's take Australia forward for everyone.

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