Constitution Alteration (Voice to Parliament) Bill

30 May 2023

 

I rise today to speak on the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023. Again, I want to say how proud I am that the Albanese Labor government is seeking to hold this referendum in taking this incredibly generous invitation from First Nations Australians, as set out in the Uluru statement, to establish an Aboriginal and Torres Strait Islander Voice to Parliament. I want to begin by again acknowledging as we do each morning when we open in this place the traditional owners of the land on which we meet, land which was never ceded. What a privilege it has been for me to grow up on your country, to live and work and raise my own family on your country. I want to acknowledge the elders of this area. I respect their deep, significant cultural connection to this country that has existed for over 65,000 years, the oldest continuing culture on the planet.

 

Canberra, my home, is named after the Aboriginal word for meeting place, 'Kambera'. Long before it was our capital city, this region was a meeting place for local Indigenous nations. 'Canberra' is a beautiful word, with a beautiful meaning. Canberra is a beautiful place, important to both modern Australia and First Nations Australians. Too often people in this place dismiss this city. In this debate, we hear those opposite mockingly refer to the proposal as the 'Canberra voice'. 'Canberra' is not a dirty word. I am a proud representative of this wonderful city and I am so grateful to experience its rich Indigenous heritage every day.

 

Last night with my ACT colleagues, the member for Fenner, the member for Bean and Senator Katy Gallagher, I hosted a forum for the Canberra public on the Voice. We had over 300 people come in person and another 400 join us online. I want to thank the Minister for Indigenous Australians, Linda Burney, ANU Vice-President First Nations, Professor Peter Yu AM, and Noah Allan, a brilliant young Ngunnawal man, for joining us and sharing their insights as part of that panel. It was an honour to hear from such a wise and generous panel in what they shared last night. Honestly, I don't know how anyone could have listened to that panel and not wanted to vote 'yes' and get out and campaign for 'yes' to this referendum.

 

We also were welcomed to country by Aunty Violet Sheridan, a leader in our community who works every day. I really want to acknowledge her contribution to the life of our city and community. In her beautiful welcome last night she said: I speak of hope. I speak of the proposed Voice to Parliament, a beacon of empowerment and self-determination. I acknowledge the truth of the pain of an ongoing struggle that many of my people face. Let us commit to dismantling the barriers that divide us and embrace the richness of our shared history.' Aunty Violet's words sum up why this proposal is so important. Every year we hear from the minister about progress on closing the gap. Unfortunately, progress is too often slow or nonexistent. As Aunty Violet said, the Voice will help us dismantle the barriers dividing us. It will help us close the gap.

 

The Voice is about two important concepts: recognition and consultation. It's recognition, long overdue, that we share this vast continent with the oldest continuous culture on the planet. It's recognition that First Nations Australians have been here for over 65,000 years, that their connection to this land is real and meaningful in a way that white Australia can't even comprehend. And it's about consultation, a concept we love to talk about in this place, a concept which at its most fundamental and basic level is about talking to and taking on the views of people who will be impacted by the actions you take. It's a level of basic respect that is owed by this nation to its Indigenous First Peoples.

 

This week is Reconciliation Week, a week in which we mark a few important milestones. First, on 27 May 1967, Australians voted in a referendum to ensure that First Nations Australians were recognised as a part of the Australian population. Second, on 3 June 1992, the High Court handed down the Mabo decision, which abolished terra nullius and recognised the deep connection of Indigenous Australians to their land. This year the Australian people are being asked to vote in a referendum which, if successful, will be the next hugely significant milestone on the path to reconciliation. It is a proposal put not by the Labor government but by First Nations peoples themselves, through the Uluru Statement from the Heart.

 

This debate is an incredibly important one, but we must not forget the impact it will have on First Nations Australians, and I am concerned at the tone of the debate, particularly from those opposite and from the 'no' camp. Over the past week we've seen some pretty grubby politics from those opposite on this issue. We've seen dog whistles, we've seen furphies and we've seen old tropes re-emerge. I'd like to take a moment to dismantle some of the mistruths uttered by those opposite. The opposition has put forward arguments about the sanctity of the Constitution and that change should not be taken lightly. All of us in this place acknowledge the importance of our Constitution and the need for careful consideration. But on this side of the House we firmly believe that enshrining the Voice in the Constitution is a progressive and positive step forward for our nation—one that will make Australia a fairer place where nobody is left behind.

 

In the contribution from the Leader of the Opposition we heard about the accomplishments of our forefathers and the success of our Constitution. But it is essential that we also recognise that this is a document that was drafted over a century ago, at a time when Indigenous Australians were described by speakers of this very institution in terms that should never be uttered by anyone, especially not elected members, into the Hansard. We cannot deny the historical injustices that remain unaddressed, the history in this country of racism and hurt that remains. Recognising the First People of Australia in the nation's birth certificate is a crucial step towards reconciliation and inclusion. Contrary to the claims made, the proposed changes are not being put forward to divide our country. Rather, they aim to unite us by giving Indigenous Australians a meaningful platform to voice their concerns and contribute to the decisions that affect their lives. It is about recognising their unique heritage and ensuring that their perspectives are taken into account in policymaking processes.

 

We have known through centuries of failure that making policy about First Nations people without First Nations people does not work. Seemingly, the opposition would seek to have us continue along this failed path. We've heard from some in this chamber that the Voice would see 'the end of parliamentary democracy as we know it'. What absolute rubbish! The Voice would be an advisory body that provides recommendations and guidance to the parliament and the executive government. It would not possess legislative power and cannot override the decisions made by the elected representatives of this place. It is simply a mechanism to foster greater consultation, dialogue and understanding, which will ultimately lead to better outcomes for all Australians. Importantly, it is what First Nations Australians have asked for. The claim from the Leader of the Opposition that the Voice will impede our democracy and lead to years of litigation has been debunked by constitutional expert after constitutional expert. Yet the opposition refused to listen. They demanded that the government make public the legal advice provided by the Solicitor-General. When we did, did they accept that advice? Of course they didn't.

 

I have faith that Australians will not dismiss this proposal based on the ridiculous and outlandish hypotheticals and fearmongering from those opposite. The opposition have shown us their inability to engage in constructive debate and work towards practical solutions. We've heard countless coalition members talk about the importance of an egalitarian society, and I agree wholeheartedly. However, true equality means acknowledging and addressing the disparities that exist within our society. We currently do not live in an equal society. Just looking at the gaps—the shameful gaps—in life expectancy between First Nations Australians and other Australians, in health, in educational outcomes, in incarceration rates, and in rates of children in out-of-home care, we do not currently live in an equal society.

 

Professor Yu last night at our forum spoke of the pain his family went through as a result of the policies of successive governments. He said: 'I used to live on an Aboriginal reserve in Broome. We had to be outside of town at the 6 pm curfew. My mother was required to apply—she didn't, but she was required to apply—to get a dock ticket that meant she wasn't allowed to speak her own language or associate with her family, so she could be considered an honorary white and work as a maid for a white family. So, when you think about that history, these are the fundamental premises of the birth of the nation and the denial of our people. So this referendum is not just about the advisory body; it's about reconciling of a key fundamental of the birth of this nation.'

 

And last night in our forum, the Minister for Indigenous Australians, Linda Burney, and Professor Yu talked about how they and others of their age actually lived in a country where they were not counted as part of the population. Really, it is very hard to comprehend what that would feel like. And it is shameful that that ever happened. But in 1967 Australians voted to change that, and that is why votes such as that upcoming this year are so important: they do make fundamental changes to the lives of people in this country. The Voice is a step towards achieving a more inclusive and just Australia, yet those opposite would have you believe otherwise.

 

Lastly, I want to emphasise that the proposed changes to the Constitution have not been rushed or taken lightly as the opposition would have you believe. The most extensive consultation and discussion with Indigenous Australians in history took place over many years, culminating in the Uluru Statement from the Heart in 2017, a consensus document calling for three things: voice, treaty and truth. The process was inclusive and consultative, contrary to the claims made. Then Prime Minister Malcolm Turnbull, in his response to the Uluru Statement from the Heart, broke the heart of Indigenous Australians.

 

I am proud that this government and this Prime Minister won't be swayed by the mistruths spoken by those opposite. We will walk hand in hand with First Nations Australians and grasp the chance of meaningful reconciliation offered by them. We will support the proposal that commands the support of over 80 per cent of Indigenous Australians. And we will campaign and we will win—not for us, but for every Australian in all corners of this wide brown land.

 

I want to conclude by quoting Noah Allan, a young Ngunnawal man who participated in our panel last night. He was asked what the Voice meant to him, and he said: 'We've always had a voice. This will mean our voice will finally be heard.'