Senate debates

Friday, 16 June 2023

Bills

Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023; In Committee

3:09 am

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

So, if the parliament determines that the Voice, going forward, should have a program delivery function, then that is something that the parliament could decide. So, yes—if the parliament decides, it could actually have a program delivery function. Going to the procedural hurdles that could be in place if the High Court were to find that there were implied constitutional rights—for example, to receive information and to be consulted—and given we have established that the Voice is able to make representations in relation to matters that affect Aboriginal and Torres Strait Islander people, if there is a circumstance in where the government needs to make an urgent decision, but the urgent decision is now subject to the constitutional right to make a representation, and the Voice wants to make a representation, how will the government guarantee that the expectation to consult and the Voice's right to make the representation do not become a de facto procedural veto?

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