Inquiry into the Aboriginal and Torres Strait Islander Voice Referendum: Submission to the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum (Submission 88)

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Castan, Melissa
Galloway, Kathrine
O'Bryan, Katie
Walker, Scott
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2023
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Our submission on the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 (the Constitution Alteration) to insert a new s 129 into the Constitution (the proposed Voice clause) is, in summary that: 1. The proposed Voice clause fulfils the goals of the independent work on constitutional recognition that has preceded the introduction of the Constitution Alteration to the Parliament. In particular, it gives expression to the findings of the Referendum Council, the Indigenous Voice Co-Design Process, and the Uluru Dialogues as represented in the Uluru Statement from the Heart (Uluru Statement) and the Yarrabah Affirmation. 2. The proposed Voice clause affords recognition of the status of First Nations peoples in Australia both symbolically, and substantively. 3. The proposed Voice clause meets threshold obligations under international human rights law, which recognise particular rights owed by states to Indigenous peoples. 4. The proposed Voice clause upholds Parliamentary supremacy and the efficient functioning of the Executive. It is appropriate that the proposed Voice reserves to the Parliament the power to determine structures, powers, limits, and funding arrangements for the Voice. 5. In terms of the mechanism of a consultative body, we observe that there are currently successful manifestations of Indigenous consultative models in a number of States in Australia, including in Victoria. These models illustrate the viability of the proposal as a constitutionally enshrined institution.

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© 2023. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the publisher’s website for further information.

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Law reform

Aboriginal and Torres Strait Islander peoples and the law

Constitutional law

International humanitarian and human rights law

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Castan, M; Galloway, K; O'Bryan, K; Walker, S, Inquiry into the Aboriginal and Torres Strait Islander Voice Referendum: Submission to the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum (Submission 88), 2023

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