House debates

Monday, 6 March 2023

Bills

Referendum (Machinery Provisions) Amendment Bill 2022; Second Reading

12:44 pm

Photo of Gordon ReidGordon Reid (Robertson, Australian Labor Party) Share this | Hansard source

It is important that I start today by acknowledging the traditional owners and original custodians of the First Nations land upon which we meet. I pay my respects to our elders who have come before, our elders with us today and our elders who are emerging to become the leaders of tomorrow. Further, I believe it is important to recognise that the land upon which we all work—the land upon which we all love, learn and live—always was and always will be the land of our First Nations brothers and sisters. As a proud Wiradjuri man, the son of a caring and compassionate Wiradjuri father and a strong, independent Wiradjuri grandmother, living on the lands of the original custodians on the New South Wales Central Coast, and speaking today in the home of the Ngunnawal and Ngambri, I acknowledge this land.

That's because for 65,000 years, our culture has been one of love, openness and respect. For 65,000 years, our communities have had, and still have, a strong, deep, continuous connection to land and to culture. For 65,000 years, we have been a part of this land. And now it is time that our people have their voice. An Aboriginal and Torres Strait Islander Voice to Parliament will achieve practical outcomes for First Nations communities. This is a once-in-a-generation opportunity to recognise our Aboriginal and Torres Strait Islander brothers and sisters in our Constitution and to ensure the Australian community is truly a place of equity, a place of equality and a place for all. As a Wiradjuri man living on Darkinjung country, I think that a Voice to Parliament is essential. It will ensure that we, as a united country, address the injustices of the past and create meaningful, structural change to deliver a better future. This is our best chance to come together as one, and to rise as one and to move into the future as one. As a nation, we need practical measures that will address the issues affecting First Nations communities, and this is what the Voice will do. It will give local people and local communities a say in the areas that directly affect them. Importantly, this is an opportunity to recognise our Aboriginal and Torres Strait Islander brothers and sisters in our nation's birth certificate: in our Constitution. Comprised of Aboriginal and Torres Strait Islander people, the Voice will be an advisory body that will have the capacity to make representations to government on issues and legislation that will affect First Nations communities.

The idea is that we have policy tailored to meet the needs of First Nations people. While there have been several First Nations MPs and First Nations senators elected to the Australian parliament at the recent election, this may change in the future. The Voice will ensure there is a First Nations voice into that future. Furthermore, every person in the country has different circumstances and life experiences, and this is also true within Aboriginal and Torres Strait Islander communities. Thus it is important to have input from different parts of First Nations communities about the laws that will affect them. It will be in fact not just one voice; it will be the voice of many and the voice of many coming together as one. Moreover, this is not another chamber of government. It does not have the power to veto; it will be a body providing advice to those creating legislation.

Some of the issues affecting First Nations people are not improving; the gap is widening. If we continue down the same path we will continue to get more of the same. We need to come together as one community to improve and strengthen quality of life, health and education outcomes for our First Nations communities. The opposition have a chance to show leadership. They have a chance to give in-principle support to the Voice. And it would appear that the opposition is saying no just for the sake of saying no. In this significant, nation-defining opportunity, will the opposition listen to the voices of First Nations people—of Aboriginal and Torres Strait Islander people—who are, at the end of the day, only asking for a say in the matters that affect their communities? Or will the opposition stoke the fires of disunity and division, and advocate for poor outcomes, unfulfilled potential and widening gaps in health and education?

The Voice to Parliament is not merely a symbolic gesture. It is constitutional recognition. It is an advisory body made up of Aboriginal and Torres Strait Islander Australians who will give advice to government on issues that affect their communities—that will affect their lives. This is an opportunity and a time for unity.

In 2022, the government introduced the Referendum (Machinery Provisions) Amendment Bill 2022, and that bill will make amendments to replicate current electoral machinery provisions in the referendum context to ensure consistency between the Referendum (Machinery Provisions) Act 1984 and the Commonwealth Electoral Act 1918. This will ensure the voting process and experience of the referendum remains similar to that of a federal election, as well as implementing similar disclosure, transparency and integrity measures. The bill does not provide for any public funding of a 'yes' or of a 'no' campaign. The government does not intend to provide funding for these campaigns. The referendum act has not been used since 1999 and has not kept pace with the efficiency, transparency and integrity reforms in our electoral processes. This bill amends the referendum act to replicate current electoral machinery provisions in the referendum context. This will ensure a voter experience that is consistent with the 2022 federal election. When passed, this bill will modernise and streamline the referendum act to support voter familiarity and voter confidence in the process, as well as enabling the successful delivery of the referendum by the Australian Electoral Commission.

This bill establishes a simplified donations and disclosure regime for referendums aligned with the existing disclosure thresholds in the Electoral Act. This ensures transparency, and this will ensure accountability regarding those actors who seek to influence the outcome of the referendum. The bill will achieve the transparency that Australians expect in voting campaigns while minimising the regulatory burden on referendum campaigners. This does not prevent any Australian individual or entity from making donations or participating in the referendum campaign itself.

Many Australians have never voted in a referendum. I am one of those people; I myself have never voted in a referendum. Some may not know much about the Constitution and they may not know how we go about changing it. It's critical that the government provide factual and authoritative information about the referendum to combat misinformation and disinformation. The bill will temporarily suspend subsection 11(4) in the referendum act, which would otherwise prohibit the government from conducting campaigns that promote public awareness of a referendum proposal. This suspension creates no obligation for government to fund any 'yes' or 'no' campaigns, and the bill does not provide for any such funding. The suspension will last until the end of polling day at the next general election, which means the future parliaments may consider this issue as appropriate for future referendums.

Key measures within this bill have been developed in consultation with First Nations leaders via a Referendum Working Group. The Referendum Working Group includes a broad cross-section of representatives from First Nations communities across Australia and is chaired by the Minister for Indigenous Australians and the Special Envoy for Reconciliation and Implementation of the Uluru Statement from the Heart.

I say again to this chamber, to all those in the gallery today and to all those listening at home: the Voice to Parliament is not simply and merely a symbolic gesture. It is constitutional recognition. It is an advisory body made up of Aboriginal and Torres Strait Islander people who will give advice to government on the issues that affect their communities—on the issues that affect their very lives. This is an opportunity, and this is a time for unity.

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