Dorinda Cox (WA, Australian Greens) Share this | Hansard source

enator COX () (): I rise to speak on the Referendum (Machinery Provisions) Amendment Bill 2022. This bill is an enabling piece of legislation that will pave the way for our first referendum in nearly 25 years. For many, this will be the first referendum that they have ever voted in. Putting aside the topic of the referendum for just one moment, this in itself is an incredible opportunity. It's an opportunity for a new generation of people to participate in shaping our Constitution, ensuring that our Constitution is updated and ensuring that those updates are voted on and fundamentally enshrined as part of our democracy here in this country. At its core, that is what this bill is actually about. It's about ensuring people can participate in shaping a fundamental document for this country and about the way that we can conduct referendums in the future. That is, importantly, what this bill represents.

Regardless of your position on the Aboriginal and Torres Strait Islander Voice or on constitutional recognition, giving the people of this country the chance to have their say on the matter is about supporting a healthy democracy. Your personal opinion doesn't mean that the people of this country should not get to have their say, and I urge members of this place to reflect on this as they vote on this bill.

Now, this isn't the first time we've attempted something like this. Many of you may remember that we had a failed attempt made under former prime minister John Howard in 1999, when the proposed change was to mention First Nations people in the preamble to the Constitution. This was a proposal that involved no consultation with the Australian public or with First Nations people. But this time it is different, and this calls for a voice to parliament and, indeed, the other two elements of the Uluru Statement of the Heart, which are truth and treaty. These arose from many forums, after much robust discussion. Most importantly, this came from First Nations people. The constitutional reform process is now entirely appropriate, as opposed to the reform that was proposed in 1999. This referendum isn't about what form of recognition that Australian people want to give to First Nations people, but whether they will accept the form of recognition that is being sought by First Nations people.

I want to echo the comments made by my colleague Senator Waters about the great importance of this referendum but also the importance of actually getting this process right, to ensure that as many people as possible can vote in this referendum, especially First Nations people. The Greens have several amendments before you around this matter, particularly on provisional voting and voting in prisons. At its core, the Voice actually allows First Nations people to have a say on matters that affect them. Yet, many First Nations people will not have a chance to have their voice actually heard during this referendum process, particularly if the amendments before you don't get up. The government has a very important role to play in making sure that this in fact is not the case.

There is a long history in this country of First Nations people not being able to vote, and I take this chance to remind you that First Nations people were only granted the right to vote in 1962. Historically, we've not been allowed to vote at all. There are other obstacles that stand in the way of First Nations people voting, such as the location of polling stations and the requirements of enrolment that many in this country still cannot meet. The Australian Electoral Commission has estimated that there are 87,000 First Nations people who are eligible to vote but are in fact not enrolled. There needs to be a grassroots community movement to get as many people on the electoral roll as possible, which is led by elders and community leaders.

It is completely understandable why many First Nations people don't want to vote, and we need to meet them right where they're at, have a yarn with them and help them get what they actually need in order to enrol to vote. There are also many who wish to enrol but simply cannot meet the requirements. So this is not about stacking the vote, as we have heard today, in particular from the government; this is about ensuring that people exercise their right to vote. Voting is a right. It's not a privilege. And it is the job of this government to make sure that voting is as easy as possible for everyone, regardless of where they are across this vast country. They may be in prison, in hospital, in a remote community or even abroad, but they should have that opportunity and that right.

There has been $52.6 million allocated to the Australian Electoral Commission, the National Indigenous Australians Agency and the Attorney-General's Department to prepare for this referendum. This must include efforts that absolutely get the 87,000 First Nations people on the electoral roll and able to have access to provisional voting, voting in prisons, mobile voting booths and communications in language that ensure that people understand in their own language what they are in fact voting for. This includes independent and fact-checked pamphlets, but it's also vitally important that the information in any pamphlets is carefully considered and also crosschecked.

For this to work, we need as many people to participate as possible. We know that provisional voting is possible, and the wonderful crew at GetUp have done some incredible work on provisional voting, particularly in the most recent Northern Territory election. We must allow people to enrol to vote and to cast their vote on the day. This is key in ensuring that as many people as possible get the opportunity to have their say. There is no evidence—absolutely no evidence—that provisional voting is a risk for voter fraud. Indeed, provisional voting is supported by key stakeholders—which you heard earlier—and by the Australian Electoral Commission in particular.

Thirty-two per cent of people in prison are First Nations people. Many of these people will not have the opportunity to vote. First Nations people are not just overrepresented in our prisons; they are also disproportionately impacted by our criminal justice system and receive harsher penalties. The harsher penalties often impact on their eligibility to vote and their eligibility to have access to identification. This is all part of the continual colonial oppression that First Nations people still experience to this day. I can't overstate how important this is: these amendments would ensure that everyone, but especially First Nations people, can vote in this referendum.

We have a lot of work ahead of us to ensure that this referendum is in fact successful. This bill is just the start. The Greens are supporting this bill, but, as Senator Waters already said, we are seeking to improve it. We need to get First Nations people on the electoral roll, communicate information in language, ensure voting is accessible in remote communities and make provisions for people to enrol and cast their vote on the actual day of the referendum. I am absolutely disappointed. It is shameful that the government will not be supporting our amendments. These amendments would ensure many people, especially First Nations people, can actually vote in this referendum.

This is about access and equity. This referendum is to establish a voice to parliament. The Voice is supposed to represent First Nations people, and the government is actively opposing measures that will enable greater First Nations participation? Shame! If there is any genuine and meaningful action towards self-determination that is in fact informed and framed by our human rights, this work has to be in the present. In fact, it has to be right here and now, in this place. The government must ensure these reasonable amendments are supported to ensure the success of the Voice to Parliament.

I have said this before and I will say it again: this should be a unifying moment in this country, a turning point for us. We need this because, for the last 230 years, First Nations people have not had a voice or, if they have had a voice, they haven't had it listened to. We have been subjected to countless government policies, some of them well meaning and most of them absolutely devastating to our people. So this referendum is just the start of what could be a decade of change for First Nations people, which is why it's absolutely vital that we take the time in this place to get this process right. So I am asking all of you to take this into consideration when you think about voting for this bill.