Helen Polley (Tasmania, Australian Labor Party) Share this | Hansard source

I rise to speak on the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023. The majority of our country's history is Aboriginal and Torres Strait Islander history—over 60,000 years of rich history—and it is our humanity and our duty that has brought us to this point in this chamber to pass this reform. The Constitutional amendment would recognise Aboriginal and Torres Strait Islander peoples as the first peoples of Australia in the Constitution through an Aboriginal and Torres Strait Islander Voice. This would fulfil the first request in the Uluru Statement from the Heart, which the government is committed to implementing in full. This is not too much to ask, like some may have you believe. This is about acknowledging the oldest living culture in the world in the founding document of our country. The fact that this is not already the case is a blight on all past Australian governments, on our national identity and on our national discourse.

The constitutional amendment is:

Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples

129 Aboriginal and Torres Strait Islander Voice

In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

i. there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;

ii. the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;

iii. the Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.

This constitutional alteration will allow for the establishment of an enduring voice that will make representations to the parliament and to the executive government about matters relating to Aboriginal and Torres Strait Islander peoples. The alteration also provides a broad power to the parliament to legislate for the day-to-day operations of the Voice and the interactions with other entities and bodies. It would also empower the parliament to make laws specifically whether and when an executive government decision-maker has a legal obligation to consider the Voice's representations.

This bill is the product of robust and detailed commendation by the Referendum Working Group, the Constitutional Expert Group and within government. There has been a broad national conversation about recognition and enabling government all the tools to improve outcomes in Indigenous communities. As a government, we believe the Voice will hopefully best achieve such positive outcomes. The bill reflects the working group's advice to government.

In light of these very clear and simple facts about how a voice to parliament would operate, Mr Dutton's prejudiced posturing must be called out for what it is. His federal coalition opposition towards the referendum has been deliberately crafted to engineer anti-Indigenous fear, prejudice and division within our society for his own selfish political gain. His shameless use of right-wing populism and his emotionally charged rhetoric in a desperate attempt to scaremonger voters is not based in any factual reasoning and needs to be rejected by the Australian community. In the face of his dog whistling and concerted disinformation campaign about establishing an Aboriginal and Torres Strait Islander voice, truth must never be sidelined, and it has to be restated.

Constitutionally recognising First Nations people does not take away rights from any other Australian. Let's be clear: no special rights are being granted based on race, because Australian Indigenous people are not defined by their race. Being the original inhabitants of the Australian continent before British colonialism, Australia's First Nations people and their culture have vibrantly thrived here for tens of thousands of years. We have recognised this clear reality since the 1992 Mabo decision from the High Court, and Mr Dutton should not try and should not be able to succeed in turning back the clock and cynically denying otherwise.

What a voice to parliament would instead do is allow Aboriginal and Torres Strait Islander peoples to be heard on issues that are at the forefront of their communities, plain and simple. There's nothing to fear. With Indigenous Australians suffering from heartbreaking disparities in their health outcomes, basic economic wellbeing and a generational curse within our criminal justice system, something must change. That change must start with us, and this will only start with something as simple as listening.

Mr Dutton wants to have his smear campaign in this referendum both ways. Somehow, according to him, a Voice to Parliament is ineffectual and will fail to address priorities on the ground for Aboriginal and Torres Strait Islander people, but, in the same breath, he casts the modest invitation from the Uluru Statement from the Heart as an all-powerful and villainous proposal that will encroach on all domestic and foreign political discourse. I think the previous speaker from that side of the chamber only reinforced that here tonight. We should all see this nonsensical fearmongering for what it is and reject it outright. Pure fearmongering should never succeed. We will never forget that this is the same Mr Dutton who cynically thought that boycotting former prime minister Kevin Rudd's Apology to the Stolen Generations would earn him political favour by appealing to our worst instincts. History was not on his side then, and Australians should not be on his side today.

A Voice is a form of constitutional recognition called for by over 250 First Nations delegates to the Uluru Statement from the Heart. The whole purpose of the Voice is to amplify the voice of First Nations peoples from communities and regions, on matters that affect them. Listening to the Voice when we make and legislate for change and develop policies will improve the lives of First Nations people, but it will also improve the lives of all Australians. It will help us to close the gap—the gap that we've been talking about for generations. We achieve better outcomes when we work in genuine partnership with First Nations communities. So we really have nothing to lose. We have nothing to fear. We must try, because First Nations deserve better. Australia deserves better.

Government after government have failed Indigenous communities, and this is the opportunity for change. The constitutional amendment ensures that the Voice will have an enduring, independent, representative body that cannot be taken away by politicians. It empowers the parliament to legislate about the day-to-day operations and functioning of the Voice, allowing it to evolve over time—again, nothing to fear. The design principles for the Voice which the Referendum Working Group developed and agreed will inform government's design of legislation to establish the Voice. Ultimately, it will be up to the Voice to decide when to make representations on matters that are important to First Nations peoples. The Voice will not need to wait for an invitation. Parliament and the executive government will also not need to wait for representations from the Voice before making laws or decisions. The Voice's representations would be advisory in nature. I think I need to emphasise that: the Voice's representations will be advisory in nature.

So, to all those naysayers and critics of the Voice, I make this very clear: the parliament and executive government will not be bound by the Voice's representations. The Voice will complement and enhance the existing structures of Australia's democratic system. This reform is fundamental to our nationhood and to progress on the opportunities for Aboriginal and Torres Strait Islander people to be the best versions of themselves—to be what they want to be.

I want to acknowledge my colleague Senator Pat Dodson for his immense contribution in this place and to the people of Australia. He's walked a life journey embodying grace and forgiveness at the highest level. I urge this body and Australians of every stripe to follow Senator Dodson's example and walk on a journey towards lasting recognition with First Nations people. The unifying invitation of the Uluru Statement of the Heart to recognise Indigenous Australians in our Constitution by establishing an Aboriginal and Torres Strait Islander Voice to Parliament represents an unbending opportunity for every single Australian to walk along that path.

We've spoken and heard other comments from the contributions about closing the gap. First Nations people have a shorter life expectancy. First Nations people have the worst health outcomes of all Australians. First Nations people have a lower education attainment than most Australians, and they are overrepresented in our jails. So, quite clearly, what we have been doing for decades and decades has failed First Nations people. When we fail our First Nations people, we fail all Australians.

We are a multicultural country. My great, great grandfather and my great grandmothers had no choice in coming to this country. They, too, were migrants. We welcome with open arms refugees to this country. We welcome migrants like my husband's family to come and to afford them the opportunities to be the best people they can be. However, no matter how well-intentioned, we have not in the past been able to provide the policies and resources and we have failed to provide those same opportunities for our First Nations people.

We really, as I have said on a number of occasions, have nothing to fear by voting for change. I urge all Australians to consider whether they want a truly inclusive Australia. Take the time, I urge you, to consider the choice you have when you are asked to vote later this year. Again, I remind you, we have nothing to fear from voting yes. However, you can finally be able to be part of change, the change of righting the wrongs of the past by recognising our First Nations people in the Constitution.

I'm proud to be standing here in this chamber tonight with my fellow senators, my fellow First Nations representatives in this great chamber, to be part of a Labor government that is introducing history-making legislation. I'm very proud to be part of that change. When we vote on this bill, it is only the beginning that is so long overdue, but much more still needs to be done after we pass this legislation. Change is never easy, but we must have this change. We can do better and we must do better to give Voice, Treaty and Truth. I urge everyone in this place and my fellow Australians, when you get the opportunity to vote yes to the referendum be part of changing Australia for the better. I commend the bill to the Senate.