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

We have just heard, in one speech, every bit of disinformation and misinformation and every scare campaign that exists in this debate. I am very pleased that politicians can step out of this, after this debate on the alteration bill, because the one thing I agreed with, in terms of the Leader of the Opposition, is that this is not a decision or a plaything of politicians. It is a decision of the Australian people.

Almost 56 years ago today Australians voted in the 1967 referendum. It was a major turning point in the Australian story, a unifying moment, one that appealed to Australians' innate sense of fairness. In 2023 Australians will again vote in the referendum, one based on hope: hope for a better future, hope built on the aspirations of Indigenous Australians embodied in the Uluru Statement from the Heart. In 2023 it is time for recognition. It is time for an Aboriginal and Torres Strait Islander Voice to the Parliament, because Aboriginal and Torres Strait Islander people have not enjoyed the same opportunities as so many other Australians. In fact, Indigenous Australians have been left behind. There is an almost nine-year gap in life expectancy and a gap in infant mortality, and our young people are robbed of their potential, languishing behind bars in a justice system that has let them down. It isn't good enough. Something has to change and change for the better.

Later this year we will get the chance to do something better, because constitutional recognition through a voice to the parliament is about giving Indigenous Australians a say in matters that affect them. It means delivering structural change that empowers Indigenous communities. It means getting better advice so that we get better policies and better outcomes. Let me be clear. The disadvantages experienced by Indigenous Australians are not the fault of any single individual today, but it is all about responsibility to strive for a more reconciled future, a better future that recognises First Nations people's rightful place in this country, a better future that genuinely listens to the needs and aspirations of Indigenous Australians, which brings me to the Uluru Statement from the Heart.

Almost six years ago today, Indigenous Australians from right across the country gathered at Uluru to deliver a statement from the heart in a historic First Nations consensus on a way forward. The statement was supported by over 250 delegates following consultation with 1,200 Aboriginal and Torres Strait Islander people who were involved in the referendum council lead-up Uluru dialogues. To Megan Davis, Noel Pearson and Pat Anderson: thank you for your leadership during this pivotal time. This great endeavour has not been rushed into. No shortcuts have been taken. It has been a grassroots movement, the culmination of years of discussion, consultation and hard work by so many. At its heart the Uluru statement is about listening, listening to the advice from on the ground in communities, because listening is a prerequisite for policies that work, good policy that makes a practical difference, policy like the Indigenous-led health clinics delivering dialysis or treatment for rheumatic heart disease where people live, improving health outcomes and saving whole families from endless travel; policy like the Indigenous Rangers program, which has reduced unemployment rates, given young people a sense of purpose and boosted the protection of our unique natural environment. Making a practical difference—that's what recognition through the Voice is about.

After the Prime Minister's speech at Garma, Senator Patrick Dodson and I appointed a group of First Nations representatives to guide government through the referendum, working and engagement groups. I can honestly say that in all my years in public life I have never seen people come together with such singularity and purpose, with so much wisdom and experience, and such determination to make a practical difference for the next generation. I also give a special thanks to the expert legal group for their expertise and intellectual rigour. I also want to thank my good friend the special envoy, Senator Dodson, a true fighter. Pat, I want you to know we're all thinking of you at the moment. I acknowledge, too, the leadership, dedication and diligence of the Attorney-General.

The Referendum Working Group not only guided government on the constitutional amendment question; they also guided government on the design principles of the Voice. Those principles are that the Voice will give independent advice to the parliament and the government; be chosen by Aboriginal and Torres Strait Islander people based on the wishes of local communities; be representative of the Aboriginal and Torres Strait Islander communities; be gender balanced and include youth and, of course, people from the Torres Strait; be empowering, community led, inclusive, respectful and culturally informed; be accountable and transparent; work alongside existing organisations and traditional structures; not have a program delivery function; and not have a veto power over this parliament. I reiterate: it'll be a Voice that will ensure women's voices are heard, because it will be gender balanced.

In the event of a successful referendum, there will be a process involving Aboriginal and Torres Strait Islander communities, the parliament and the broader public to settle the Voice design, including links with regions. Legislation to establish a Voice will then go through the normal parliamentary processes to ensure thorough scrutiny. Everyone agrees that the Voice needs to be connected to the grassroots communities. It's why regional voices that can plug into the national Voice are so important and why investments set by the former Liberal government for regional arrangements remain in the budget. The referendum will work to link the national Voice in at the regional level in a way that works for local communities and will make sure there is the process of talking with local First Nations people first. We will build on the progress that has been made by states and territories, we will build on the important foundational work done by Calma and Langton, and we will build on the vital listening and respect for local communities that was laid down by the Uluru dialogues.

I now want to speak briefly on the joint select committee process. I thank all members and senators—particularly the chair, Senator Green—for their work. The parliamentary joint select committee heard some powerful evidence from a range of witnesses—evidence about the importance of constitutional recognition, evidence from legal experts, and evidence on how the Voice would make a practical difference on the ground. On the wording of the proposed amendments, expert after expert told the committee that the amendment is constitutionally sound. Former Chief Justice of the High Court Robert French said there was low risk or no risk. Bret Walker said:

… somehow jamming the courts from here to kingdom come as a result of this enactment, is really too silly for words.

Importantly, the Voice will be able to make representations to the executive government. Tom Calma spoke of how important this was, saying:

… we have many programs the executive government delegate to implement themselves that don't require parliamentary intervention , so that's why it's important to work with the executive government and the bureaucrats particularly on how to implement a lot of their programs.

Roy Ah-See reiterated that, saying:

I think it's critical and essential that this Voice has direct communications to the executive …

Tom and Roy are both correct: the Voice should be able to make representations to the executive government. The purpose of the Voice is to improve outcomes for our people. It is the executive government that makes policies about Aboriginal and Torres Strait Islander people, it is the parliament that passes laws about Aboriginal and Torres Strait Islander people and it is the executive government that implements them. There is agreement on this from Ken Wyatt. He says it's too late after the party room meetings, and it's too late after the legislation has been put into parliament, and that is why the Voice should be able to speak with the executive government.

I believe the constitutional amendment before the parliament takes the right form. It's symbolic and practical. It recognises 65,000 years of Australian history. It makes our system of government stronger. It makes a practical difference on the ground. It improves people's lives. It is constitutionally sound and sets the balance right. The Solicitor-General's opinion makes it clear. He says:

The proposed section 129 is not just compatible with the system of representative and responsible government prescribed by the constitution, but an enhancement of that system.

That is from the Solicitor-General, and we have taken his advice very carefully. He also said:

A core rationale underpinning the proposed amendment is to facilitate more effective input by Aboriginal and Torres Strait Islander peoples in public discussion and debate about governmental and political matters relating to them … it seeks to rectify a distortion in the existing system.

The Solicitor-General's advice is very important. Yet this is not enough for those hell-bent on dashing the hopes of a people. It is not enough of those hell-bent on stoking division. It is not enough for those trying to play politics with an issue that should be above partisan politics. The government believes we have the right amendment to proceed; we have the right rigorous process that has listened to the whole range of views. I encourage every single member of this parliament to support the Constitution alteration without amendment.

I want to conclude by quoting a passage from the Uluru Statement from the Heart:

Proportionally, we are the most incarcerated people on the planet. We are not an innately criminal people. Our children are aliened from their families at unprecedented rates. This cannot be because we have no love for them. And our youth languish in detention in obscene numbers. They should be our hope for the future.

These dimensions of our crisis tell plainly the structural nature of our problem. This is the torment of our powerlessness.

We seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish. They will walk in two worlds and their culture will be a gift to their country.

Let's get this done together, and let's move Australia forward for everyone.

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