PM brushes off voice legal fears as ‘scare campaign’

Andrew Brown | March 29, 2023

Concerns the Indigenous voice to parliament will lead to multiple High Court legal challenges have been labelled an unfounded scare campaign.

Anthony Albanese says similar rhetoric emerged before the Mabo and Wik High Court decisions in the 1990s and before the apology to the Stolen Generations in 2008.

“Every single time there has been an advance on Aboriginal and Torres Strait Islander affairs in this country in my lifetime there has been an argument which says it will end in litigation,” the prime minister said on Wednesday.

Mr Albanese urged federal politicians to reflect on the apology.

“Did the apology create more unity or less?

“In my view, it made us a better nation. So will constitutional recognition.”

Opponents have raised concerns giving the voice the ability to make representations to the executive government, which includes ministers and the public service, would slow decision-making and risk High Court challenges.

Mr Albanese has rejected this argument, saying the executive derives its power from parliament, which remains sovereign.

Polling released this week showed a majority of West Australians supported the voice, which will be put to a referendum later this year.

The polling followed the announcement of the question to be put to the public at a referendum and found 60 per cent of respondents would vote yes.

It also revealed 69 per cent of women and 51 per cent of men would back the voice.

The prime minister said he wasn’t surprised by the result, given Australians supported giving people a fair go.

“This referendum is about just two things: Recognising Indigenous Australians in our constitution and secondly that they should be consulted about matters that affect them.”

Legislation setting up the voice to parliament referendum will be introduced to parliament on Thursday.

It will then be sent to a parliamentary committee before a final vote, expected in June.

Attorney-General Mark Dreyfus called for bipartisanship.

“The voice can make representations on matters that relate to Aboriginal and Torres Strait Islander peoples. Only good, no harm, can come from listening and being better informed,” he said.

“We want all members of the Australian parliament to support this referendum. I include in that every member of the crossbench and all members of the Liberal Party and we’re very hopeful that there will be that support.”

The question to be put at the referendum has been released. It will be: “A Proposed Law: to alter the constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve of this alteration?”