Kristy McBain (Eden-Monaro, Australian Labor Party, Minister for Regional Development, Local Government and Territories) Share this | Hansard source

I want to thank all the speakers who have been part of this debate on the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023. I think it's really important that the tone of the debate is kept at a high level. Whilst the member for O'Connor and I disagree on a lot, we do agree on that—that there will be a variety of opinions across our country, all of which should be treated with respect during this process.

I come from an electorate with an Aboriginal population that is larger than the national average and one that has experienced disadvantage at various points. I believe fundamentally that we can do better and we should do better for our First Nations communities across the country. And I believe that constitutional recognition for Aboriginal and Torres Strait Islander people is absolutely unquestionable. I'm really proud to be part of a government that is now prioritising the importance of constitutional change to recognise and to listen to First Nations people across our country. This debate has gone on for decades, and for decades I have seen a top-down approach, one that imposes a range of things on First Nations communities, one that hasn't listened to the voices of First Nations communities and definitely didn't prioritise allowing our First Nations communities to have a say on laws that directly impact them and that don't, on most occasions, impact any other person in our society.

I think now is the time for change. Not only is it time to right the wrongs of the past but it's time for our country to move forward under a model of recognition that is acceptable to First Nations Australians and that works within the framework of Australian law and governance as we know it. To my mind, it takes a Labor government to effect this type of change. We have a long history of creating equality, equity and fairness for all Australians. But this isn't a Labor Party idea. It is not a function of government. It was an idea generated by Aboriginal and Torres Strait Islander people, the result of numerous dialogues across the country which culminated in Uluru. We are simply listening to the Uluru Statement from the Heart, because that statement asks for constitutional recognition through a Voice.

We've heard that having a Voice to Parliament will take away some of the feelings of powerlessness that so many of our Aboriginal and Torres Strait Islander friends and family feel, right across this country. We've heard from Constitutional experts who state that the alteration that will take place as a result of the Voice will enhance our system of governance and its laws. It will address the lack of inclusion or recognition of Australia's First Nations people in the Constitution, and the debate I have heard across the chamber absolutely highlights that that is the goal of everyone in this chamber—   Constitutional recognition. It's a worthy and long-overdue aim, and I'm pleased to hear so many support that.

Currently, our Constitution doesn't contain any references to Aboriginal and Torres Strait Islander peoples. However, it does allow for our parliament to make laws that relate to Aboriginal and Torres Strait Islander peoples. We've heard the importance of being recognised as the first Australians in the Constitution is important to many Aboriginal and Torres Strait Islander peoples. This change will reflect the real history of our land and at last include all of its people. We should be incredibly proud of that history, a history where we have the longest living connection to land, sea and sky of anywhere of the world in Aboriginal and Torres Strait Islander people, a history that spans over 60,000 years. Secondly, it will provide First Nations people with the ability to have an enduring Voice to Parliament on policies and legislation that will directly impact them—a Voice embedded in our Constitution that cannot be overturned by future governments.

The establishment of this Voice to Parliament will ensure that the Constitution reflects the historical truth of Aboriginal and Torres Strait Islander peoples' longstanding and continuing place in Australia, and provides an institution to improve their lives. The Voice is an invitation from our First Nations people to say, 'Can we try something different?' It is a recognition that over the last couple of hundred years we have made decisions on behalf of First Nations people, and some that were not so good for them. This is simply an acknowledgement that we can and should do better, an invitation that at its heart says, 'Can you listen to us when you are making decisions about us?' I speak to a lot of Aboriginal people in my own electorate, and one of the most basic things they say to me is: 'We've tried it your way. Can you try it our way for a change? Make decisions with us, not for us.' When it boils down to that, it isn't much to ask that we have a Voice to Parliament and to the government of the day so that First Nations people can have a say in the laws that impact them.

Now is the time for our communities to have that say. Now is the time for the Australian public to have that vote. There has been a lot of discussion about detail, there has been a lot of discussion saying, 'We need to know more,' and 'There's not enough time.' This debate has gone on for decades. The Uluru Statement from the Heart was delivered in May 2017, and we are already six years down the track with no investment. Now is the time that we should do this. To people out there asking for information, there will be a lot of information as a referendum date is set. It will come forward. Not only will there be information on the process of a referendum and how people can be involved in a campaign if they wish to be but there will also be the public information pamphlet as well. There is more to come, but this is not the end of the story. This isn't the only thing to do. The referendum at its heart gives a power to parliament to make laws. Following that referendum, if we are serious about a Voice to Parliament, we then go out and consult with First Nations people and how they want this Voice to work for them. What are the things they want to talk about? Some of the discussions we've heard have said, 'Show us the legislation now. Isn't that the exact top-down approach we're trying to avoid and that the Voice asked us not to do any more?

I've heard from members across the parliament who say that not all Aboriginal and Torres Strait Islander people agree with the Voice. Absolutely! Not all Greeks agree with an issue that impacts them. Not all Italians agree. Not all English migrants agree. That is just another move to say: 'If they can't agree amongst themselves, then surely we should find something else to do instead.' This is about moving everyone forward with the consensus that came to this parliament from First Nations people themselves. It was presented to then Prime Minister Malcolm Turnbull, who was succeeded by Prime Minister Morrison and then by Prime Minister Albanese.

We have to act. We cannot continue to kick the can down the road and say: 'We'll get to it at another point.' Now is the time to do something different, because we know that on every metric we are failing Aboriginal and Torres Strait Islander communities. There are worse housing outcomes, worse health outcomes, and worse educational and social outcomes. We can and should do more. The referendum will move this country forward. It will, in my opinion, give Aboriginal and Torres Strait Islander people a feeling of belonging in this country, a feeling that their voice is being listened to by parliament, a feeling that, even if it's not perfect, it's another step in the right direction.

I look forward to the many conversations that are going to take place over the coming months and hearing from people with a variety of different views. I will end my reflections as I started them. This has to be a debate that, at its heart, is about respect, because I believe everyone in this chamber and everyone across Australia believes that recognition of Aboriginal and Torres Strait Islander people in our Constitution is long overdue. But I also believe that we need a mechanism to make sure that that voice can't be changed going forward, which is why this constitutional amendment is so important for all of us. I hope that the debate remains respectful and takes into account a wide variety of views. Hopefully, that will lead to some fantastic outcomes across our country.

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