After many months of bitter debate about the Voice, an address to the National Press Club this week reminds us that we are back at a point where it seems that, no matter what the truth may be, we will not let it lead to any change, writes Laura Tingle.
It will be a government body to advise the government on aboriginal laws. The government will need to listen to them but does not need to follow their advice. The problem, many Aboriginal and Torres Straight Islander people say, is that there are programs and funds to help but they are often misdirected and end up wasted or they target things the communities don’t need. The idea is to ensure their voice is heard when the government legislates about them.
It’s pretty uncontroversial when you strip it back.
I’m almost certain I’m misunderstanding something, but this sounds like an aboriginal filibuster. If the government is ‘required’ to listen, and no time limit is spelled out in the amendment, could the voice be used to filibuster?
Parliament is able to legislate, like with literally everything in the constitution. Parliament could legislate that all pollies need to be holding a special duck blessed by the king’s chief bum wiper to speak in the house if it wanted to.
Provided the constitutional requirements are fulfilled (there’s a voice, they can make representations on indigenous issues) the precise nature of those representations, the composition of the voice etc are all a matter of legislation.
It’s the same as every other constitutional requirement. The constitution provides minimum standards to meet and curtails certain powers, Parliament passes acts to fulfill those.
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