Modern Australian
The Times

First Nations people shouldn't have to wait for a referendum to get a Voice to Parliament

  • Written by Emma Lee, Associate Professor, Indigenous Leadership, Swinburne University of Technology

The new Labor government has promised to make a significant change in the life of Aboriginal and Torres Strait Islander Peoples, with a full commitment to the Uluru Statement from the Heart. But rather than waiting for a referendum to enshrine the Indigenous Voice to parliament, Labor should do it now.

The authors of the Uluru Statement have suggested May 2023 or January 2024 as likely dates for a referendum to be held. The Minister for Indigenous Affairs Linda Burney has stated it is a “goal” to have the referendum in the first term and will push ahead regardless of bipartisan support.

However an act of parliament could see Indigenous Voice implemented in the next few months. And with a majority in the lower house, Labor has the capacity to negotiate it through the upper house.

An Indigenous Voice to parliament and government does not require a referendum. This is only needed to make it a part of the Constitution.

The advantage of enacting a Voice now is Australians will be able to see how it works in practice and gain a better understanding of its value and importance.

The limitations of a referendum

Democratic literacy and trust is low in Australia, and of 44 referenda held since federation, only eight have passed.

If the process is rushed, failing to secure a “yes” majority would be incredibly traumatic for Indigenous Peoples. Many Indigenous people disagree their fate should be put to a popular vote at all, where it would be a majority of non-Indigenous people determining their rights.

This proposed referendum would not be like the plebiscite for same-sex marriage, where most people have an understanding of what marriage is and why same-sex couples might want to have recognition in a formal ceremony.

An Indigenous Voice is a new form of advice-giving to parliament and government that is hard to imagine without seeing it in action. But if it simply becomes a regular part of the political system - as a way to receive advice from Indigenous Peoples on Indigenous issues – there will no longer be confusion about the process.

Read more: Prime Minister Albanese’s victory speech brings hope for First Nations Peoples' role in democracy

The state example

At the state level, we already have some precedent for opening up ways for First Nations Peoples’ to have a voice in political processes, without a referendum.

The Victorian Aboriginal Assembly was created in December 2019 from an act of parliament for a democratically elected Aboriginal body to discuss Treaty. In effect, this has seen an Aboriginal body become part of a state’s decision-making relationships. The Assembly is successful without enshrinement and has progressed Treaty through the increased use of legislation. This includes the historic bill currently with the Victorian government to establish a separate and independent Treaty Authority to deal with disputes and oversee negotiations.

Read more: We keep hearing about a First Nations Voice to parliament, but what would it actually look like in practice?

Establish a voice now, hold a referendum later

It is understandable some Australians might want to support the Indigenous Voice to parliament, but want more information in what it might look like.

For example, the Guardian Essential Poll shows that while support is steadily growing, 47% of surveyed Australians still do not support the Voice being enshrined in the Constitution.

Australians should know going into a voting booth exactly what they’re getting in exchange for their support. The more clarity, the better.

In the 1999 referendum loss for a republic, even while urban areas voted in favour of it, former prime minister Bob Hawke said “it was clear that a majority of Australians wanted a republic but there was confusion about the model”.

Possum skins are draped over seats in Victorian parliament house for First People's Assembly of Victoria's meeting.
First Peoples’ Assembly of Victoria has been established without constitutional enshrinement. James Ross/AAP Image

If the Indigenous Voice were to be enacted now, this would indicate the new government is serious about healing relationships between Indigenous Peoples and other Australians.

It would ensure Australians are aware of what the model looks like and mean Aboriginal and Torres Strait Islanders would not have to wait for a referendum for their democratic rights.

This way, even if a referendum failed, the Indigenous Voice would still stand.

Authors: Emma Lee, Associate Professor, Indigenous Leadership, Swinburne University of Technology

Read more https://theconversation.com/first-nations-people-shouldnt-have-to-wait-for-a-referendum-to-get-a-voice-to-parliament-184316

How Osteopathy Supports Recovery from Sciatica and Nerve Pain

Sciatica isn't just annoying. It's genuinely painful. It sits deep in your glute and shoots straight down the back of your leg. It turns something as...

The Winter Jewellery Edit: Five Pieces You'll Wear All Season

As wardrobes shift to cosy knits, tailored coats and rich seasonal textures, jewellery becomes the finishing touch that pulls every winter outfit to...

7 Signs It's Time to Upgrade Your Piston Air Compressor

If you run a workshop, panel shop, or fabrication business anywhere around Perth, you already know what heat and dust do to equipment over a few sum...

How Long Do Bathroom Renovations Melbourne Take? Step-by-Step Process Explained

Planning a bathroom renovation is exciting, but one of the biggest questions homeowners ask is, "How long will it take?" While every project is uniq...

Why Your Skin Breaks Out: The Science of Acne Explained

Acne is the most common skin condition in the world. An estimated 85% of people experience it at some point between the ages of 12 and 24, and a gro...

10 Swimwear Trends Australian Women Are Wearing This Summer

Every Australian summer brings a fresh wave of swimwear trends, but some styles have much greater staying power than others. While fashion constantly ...

Why Regular Skills Updates Are Essential for Licensed Security Officers

A guard at a Brisbane shopping centre gets a call about a shoplifter who's turned aggressive.  They’ve done the job for six years. But their de-...

10 Benefits of Choosing Professional Tutoring Penrith Services

Every student has unique learning strengths, challenges, and academic goals. While classroom teaching provides essential knowledge and structure, so...

Sunshine Coast Baby Classes Prove Big Hit Among First-Time Mums

There's a movement gaining traction on the Sunshine Coast, providing a village of support, socialisation and relief for first-time mothers and babie...

Father's Day Gift Ideas for Men Who Are Hard to Buy For

Some dads are easy to buy for. Others do not want anything, already have everything, or give you the classic "don't worry about me" answer every yea...

Top 5 Mistakes That Wear Out Your Brakes Faster

Brakes don't need frequent replacements like oil changes do.   But a lot of the wear happens quietly, over months, because of habits most drivers...

Plantation Shutters vs Curtains: Which Is Better for Your New Home?

Moving into a new home is an exciting opportunity to personalise your space and make it your own. While many homeowners focus on furniture, flooring...

Celebration of Life vs Traditional Funeral: What's the Difference?

When saying goodbye to someone you love, there is no single way to honour their life. Every family has different traditions, beliefs, and preference...

Building Approval for Roofing Projects: What Homeowners Need to Know

Roofing projects are an important part of maintaining and protecting your home. Whether you're repairing storm damage, replacing an ageing roof, or ...

Chatswood Tutoring And Its Role In Academic Achievement

Academic success often requires more than classroom attendance alone. Students face increasing expectations as they progress through school, particu...

Why Laser Hair Removal Treatments Continue Growing In Popularity

Managing unwanted hair can become time-consuming and frustrating for many people, especially when shaving, waxing, and other temporary methods requi...

Choosing the Right Devices for a Flexible Workplace

For IT leaders managing large fleets, the device layer is where workforce productivity and security policy meet. The shift towards flexible and hybrid...

How Business Advisory Services Help Companies Achieve Sustainable Growth

Every business owner aims to build a profitable and sustainable organisation. While dedication, innovation, and hard work are important, achieving l...