Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

With all due respect, Minister, we are talking about a duty to consider representations. Under subparagraph (ii) of proposed section 129, as we've established, the Voice would have a constitutional right to make representations to the parliament and the executive government. The corollary of a right to make representations is an obligation on the parliament and the executive government to receive and hear the representations. Without an obligation to receive and hear, the right to make representations is actually illusory. Nothing in the parliament's proposed power under subparagraph (iii) of proposed section 129 can impinge on the right of the Voice to make representations. So the parliament is therefore prohibited by the Constitution from passing a law to prevent or substantially limit the executive government from receiving and considering the representations. They have a constitutional right. I ask you again: what is the extent of the obligation on the government to consider the representation? If you say there is none, you've actually just diminished the right to make a representation to an illusory right, because why would I even be making the representation if the government does not actually have a right to receive and consider the representation? So I ask again: what is the obligation on the government to actually consider the representation?