¾«¶«´«Ã½app

Good evening and thank you Professor Sullivan for your generous introduction. Before I start, I thank Aunty Matilda and Girrawah for your important Welcome to Country and I acknowledge the Ngunnawal and Ngambri peoples and all Aboriginal and Torres Strait Islander Peoples joining us today both in person and virtually. Peoples who have, raised their families and cared for this country and waters for millennia before the arrival of the British that saw the subsequent dispossession of languages and identities across the nation.

I would also like to acknowledge all youth who will be our future leaders, and the custodians of our, histories and  cultures. I emphasise youth because in the 2021 ABS census, 33.2 per cent of the Aboriginal and Torres Strait Islander population was under 15 years of age and this Referendum is about the future.   

Thank you, ANU and UC, for hosting this important lecture and it's great to see so many here today, in person and on-line.

Congratulations to the recipients of the Reconciliation Awards and although ¾«¶«´«Ã½app Reconciliation Week has passed, reconciliation is an ongoing endeavour as the theme so aptly illustrates  -  "Be a Voice for Generations."

The theme is about speaking up and carrying on the work of those who came before us. To honour their legacy by acting now for those who come next. It's a call to not be silent, but to raise our voices to demand action for a better future.

We have more people than ever joining us and adding their voice to reconciliation, but it will take thousands more for us to continue to advance reconciliation.

It is also heartening to note the 2,300 organisations with a Reconciliation Action Plan and the 10,500 schools and early learning services that engage with RA's Narragunnawali program. The program aims to increase awareness among young people about Aboriginal and Torres Strait Islander cultures, histories, and experiences, helping to build peaceful and respectful relations between Australia's many cultures. It also empowers teachers and educators to teach Aboriginal and Torres Strait Islander histories with curriculum resources and other resources, digital content and a biannual, national awards programs. This is the essence of reconciliation, strengthening relationships between non-Indigenous peoples and Aboriginal and Torres Strait Islander peoples, for the benefit of all Australians.

Empathy and understanding the perspective of Aboriginal and Torres Strait Islander Peoples are paramount, and this extends to questioning our unconscious biases.   

We all have unconscious biases so we must ask ourselves, "how did I land at this understanding" and "is it fact or fiction?" This is a good Segway to my next topic "the Voice".

Let's address the Voice starting with the claims that the government's Voice proposal lacks details. I believe the information is readily available and I note that the current and former governments have endorsed the Calma / Langton Final Co-Design Report as guiding the potential structure and operation of the Voice. You may recall that the Voice initiative commenced under the reign of the Morrison government and was progressed by the current government. The co-design report has been in the public domain since December 2021.

I believe it is important to recognise some of the history and initiatives that have led us to this point in our shared history and why the referendum evokes so much passionate debate from all quarters.   

The call for a Voice actually started soon after the arrival of the First Fleet but I will start from the 1950's. 

In 1958 the Federal Council for the Advancement of Aborigines & Torres Strait Islanders (FCAATSI) was established  -  it had a central role in the success of the 1967 referendum but was disbanded when the ¾«¶«´«Ã½app Aboriginal Consultative Committee (NACC) was established and ran from 1973 to 77.

The NACC was an advisory body made up of 41 nationally elected Aboriginal people who advised the Minister for Aboriginal Affairs on Aboriginal policy.

The NACC was replaced by the ¾«¶«´«Ã½app Aboriginal Conference (NAC) that operated from 1977 to 1984. Then there was a lapse until 1988 when a Senate Select Committee investigated the proposed Aboriginal and Torres Strait Islander Bill and suggests over 40 amendments most of which were incorporated. Subsequently over 90 amendments were made to the Bill during its passage through the parliament resulting in the establishment of the Aboriginal and Torres Strait Islander Commission (ATSIC) in 1989 until it was disbanded in 2005.

Post ATSIC the ¾«¶«´«Ã½app Indigenous Council (NIC),  a PM's pick group was established and lasted until soon after a change of government in 2007.

In February 2008 Prime Minister Rudd in his Apology speech to Parliament called for a new partnership with Indigenous peoples to underpin policy development. He states that:

Our challenge for the future is to embrace a new partnership between Indigenous and non-Indigenous Australians. The core of this partnership for the future is closing the gap between Indigenous and non-Indigenous Australians on life expectancy, educational achievement and employment opportunities. This new partnership on closing the gap will set concrete targets for the future.

In March 2008, the Labor Government and federal Opposition signed a Statement of Intent with the Indigenous health sector for a new partnership to close the gap in life expectancy within a generation.

This statement provided bipartisan support to:

• develop a comprehensive,  long-term plan of action,  that is targeted to need,  evidence-based and capable of addressing the existing inequities in health services,  in order to achieve equality of health status and life expectancy between Aboriginal and Torres Strait Islander peoples and non - Indigenous Australians by 2030.
• ensure the full participation of Aboriginal and Torres Strait Islander peoples and their representative bodies in all aspects of addressing their health needs.
• respect and promote the rights of Aboriginal and Torres Strait Islander peoples... and
• measure,  monitor,  and report on our joint efforts,  in accordance with benchmarks and targets,  to ensure that we are progressively realising our shared ambitions.

The Hon Jenny Macklin, in the Budget 2008-09:  Ministerial Statement on Closing the gap stated that:

• "The Australian Government's reform agenda  -  both in Aboriginal and Torres Strait Islander affairs and across governments  -  is to address the structural and systemic problems that are producing appalling outcomes for Aboriginal and Torres Strait Islander people.
• Indigenous Australians must be involved in developing and driving solutions. Actions like the ¾«¶«´«Ã½app Apology are working to build the trust needed to work together on getting results.
• Our 'closing the gap' commitments require effective engagement with Aboriginal and Torres Strait Islander people at all levels. Government needs to involve Indigenous people in the design and delivery of programs locally and regionally, and share responsibility for outcomes. Solutions developed on the ground must be driven by the communities that will ultimately determine their success or failure...
• The Government went to the election with a commitment to set up a national representative body to puy0rovide an Aboriginal and Torres Strait Islander voice within government. We will soon begin formal discussions with Indigenous people about the role, status and composition of this body."

As the Aboriginal and Torres Strait Islander Social Justice Commissioner in July 2008 I presented to the government an Issues Paper titled Building a sustainable ¾«¶«´«Ã½app Indigenous Representative Body  -  Issues for consideration.

It stated that....."Without proper engagement with Aboriginal and Torres Strait Islander peoples, governments will struggle in their efforts to make lasting progress in improving the conditions of Indigenous people and in our communities."

Further,  in a speech I presented to the ¾«¶«´«Ã½app Native title Conference in 2008 I said; 

"Much of the failure of service delivery to Indigenous people and communities, and the lack of sustainable outcomes, is a direct result of the failure to engage appropriately with Indigenous people and of the failure to support and build the capacity of Indigenous communities. It is the result of a failure to develop priorities and programs in full participation with Indigenous communities. 

Put simply, governments risk failure  -  and will continue to do so  -  if they develop and implement policies about Indigenous issues without engaging with the intended recipients of those services. Bureaucrats and governments can have the best intentions in the world, but if their ideas have not been subject to the "reality test" of the life experience of the local Indigenous peoples who are intended to benefit from this, then government efforts will fail.

This need for participation exists at the local, regional and national levels." Again, this was said in 2008.

In August 2008 the Australian Government commenced consultations with Indigenous peoples on the establishment of a new ¾«¶«´«Ã½app Indigenous Representative Body.   

Following extensive consultations and a deliberative dialogue that took place in Adelaide, the ¾«¶«´«Ã½app Congress of Australia's First Peoples (NCAFP) was formed in November 2009. However, a change of government and cessation of subsequent funding forced the NCAFP to go into voluntary administration in June 2019.

So, my friends you can see that there has been a checkered history of Aboriginal and Torres Strait Islander peoples' attempts to establish a national Voice and have meaningful engagement with governments and bureaucrats on matters that affect us. We have been the passive recipients of government policies and programs that have mostly not addressed the wicked problems that confront us.

Over the past 65 years we have had successive national representative bodies. Their roles have also varied as has their impact on policies and programs and a constant has been the regular reviews of their structures and operations.   

We are now on the cusp of substantial and substantive change in a political and community environment that is conducive to consider and support such change.

So let's explore where we are at re The Voice. 

The first public milestone was reached on Monday when the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) Bill that authorises the referendum and sets out the question passes the Senate 52 in favour and 19 opposed and earlier in the House of Representatives 121 in favour with 25 opposed.

If you watched or heard the proceedings of the HOR or the Senate debates or follow the media, you will observe that there are many conflicting and confusing messages in play.

So let me unpack some of the mis and dis-information and what is needed to get the Referendum over the line."

First issue;  Is the Uluru Statement from the Heart and the Referendum for a Voice the same thing?

The Statement from the Heart references three key reforms; Voice, Treaty, Truth. The Statement calls for "the establishment of a First Nations Voice enshrined in the Constitution".

The proposed Referendum will only be about amending the Australian Constitution to enable the establishment of a Voice to Parliament and the Executive Government.

It is about the Commonwealth Parliament, Commonwealth government departments and entities and Commonwealth legislation. It will have no influence or involvement with state and territory affairs unless invited to by the relevant authorities. The Referendum will not address Treaty or Truth telling.   

Treaty and truth telling dialogues at the national level will commence after the referendum is held.   

However,  at the state and territory levels processes have commenced with Treaty discussions occurring in Tasmania,  NSW,  Qld,  and SA.

Treaty Commissions have been established in the NT and Victoria and last month Queensland's Path to Treaty was set into law with the passing of landmark legislation.   

Victoria is the most advanced jurisdiction through enacting the "Advancing the Treaty Process with Aboriginal Victorians Act 2018",  the First Peoples' Assembly of Victoria in 2019 and a truth telling mechanism called the Yoo-rook Justice Commission in 2021. And SA now has a legislated "Voice" and the ACT has effectively had an elected Voice since 2008.   

Another question is "Why do we need to have this Referendum?"

The Referendum is a chance for our First Nations peoples to be recognised in the Constitution and enshrining an Aboriginal and Torres Strait Islander Voice gives strength and status to the principles of respect and partnership.

We need a Voice so that future Governments will make better policies that will make a practical difference for First Nations people.

The Voice will mean that Aboriginal and Torres Strait Islander Peoples will be advising Government when,  or hopefully before,  decisions are made about laws and policies impacting Aboriginal and Torres Strait Islander Australians.

It will heal our nation and lead to better policies and practical outcomes as First Nations people know what Government needs to do when it comes to things like education, health, housing, management of country and family violence.

This is a once-in-a-generation opportunity to change our Constitution and place our Nation on a pathway to a better future. It also creates an element of redress post the 1992 High Court decision that overturned the fiction of terra nullius by recognising Aboriginal and Torres Strait Islander Peoples in the Constitution. Up until 1967 "Aborigines" were referenced in the Constitution but Torres Strait Islanders have never been mentioned.

What happens after the Referendum?

As it currently stands, if successful, the Government will propose a Bill (legislation) to address the Voice composition, functions, powers and procedures". The Bill will be tabled in the House of Representative where it will be debated and typically referred to a Joint Parliamentary Committee for public consultation. It is at this stage that we will get to know the details of the Voice and if past history is an indicator,  the introduced bill will be amended multiple times so what is proposed in the Bill is not necessarily what will eventuate after it passes through the Parliament  -  but that is the democratic process as it was with the ATSIC bill that was subjected to approximately 120 or so amendments.

You will all remember the original claim,  that is still being promoted by opponents,  that The Voice will operate like a third or fourth chamber of Parliament

The Prime Minister has repeatedly said the Voice would not have a veto over the decisions of Parliament. It will be an unflinching source of advice and accountability  -  not a third chamber nor a rolling veto.   

The body will be an advisory body. It will have no ability to hinder parliamentary processes, it will not have any veto power and could not introduce legislation or change it.

The Parliament will be under no obligation to follow the Voice's advice. The House of Representatives and the Senate will continue to make laws, regulations and pass motions regardless of what the Voice may advise.

Some then say it is a toothless tiger without influence so why have it?   

Well, there are a vast number of advisory bodies to the Parliament covering all sorts of issues. They include:

• the Auditor-General, 
• the Australian ¾«¶«´«Ã½app Audit Office, 
• the Australian Law Reform Commission, 
• the Australian Human Rights Commission,  and
• the Commonwealth Ombudsman, whose reports are tabled in Parliament. This is just democracy at work.

And let's not forget Government department and entity heads and as Julian Lesser MP recently stated in the House debates. 

''The Voice will advise  -  just like the security services, the chief medical officer, the chief scientist, DFAT and other agencies advise.''  ''The parliament will still be supreme in matters of law and policy.''

You will also note that former High Court judges and constitutional law experts support PM Albanese's description of the Voice's powers while others do not.

Another claim is that It would divide us by race / it would give First Nations people more rights than others

This is not about race politics or dividing Australians. It is about uniting Australia and making our nation stronger.

The Voice is not about a special right  -  it is about a basic right. All Australians will remain equal in the eyes of the law. The only thing that changes is that there will be a permanent new body to provide advice on Commonwealth laws, policies and programs that affect First Nations people.

If it is not a special right, why should this be? Simply because Aboriginal and Torres Strait Islander Peoples are the only Australian citizens who have laws specifically written for them. Further, the Constitution already references Race through Section 25, and 51(xxvi) that is known as the race power. The fact is that section 51 (xxvi) has only ever been exercised on Aboriginal and Torres Strait Islander Peoples.

Another piece of dis-information relates to the reported $33bil expenditure on Aboriginal and Torres Strait Islander Peoples that infers that it is disproportionate to expenditure on non-Indigenous Australians. The facts are that $33bil represents about 6 per cent of the $522.7bil spent on non-Indigenous Australians in the 2015-16 budget.  What is important is to unpack what the $33bil comprises.

According to the Australian Parliament House official website in 2015 - 16, the Australian Government directly spent $14.7 billion on Indigenous people, of which 77 per cent ($11.3 billion) was through mainstream programs such as Medicare, social security childcare benefits and support for university places accessed by Indigenous people. Around 23 per cent ($3.3 billion) was on Indigenous-specific programs such as ABSTUDY, Indigenous-specific health programs, or Indigenous rangers programs. When state and territory government spending is included, mainstream spending climbs to over 80 per cent of the total expenditure on Indigenous people. So roughly $6.6bil is spent on programs to address the inequalities experienced by First Nation peoples.

One might suggest that responsible politicians should know these facts.

The final piece of dis-information I would like to address relates to claims by two Indigenous politicians, social media and some Indigenous commentators that Not all Indigenous people support the Voice and that the Voice will be dominated by elite Canberra academics. Not sure how this will be the case when only 2 of 24 Voice members will be from Canberra as outlined in the co-designed report.

It is however true that there are a wide range of views among First Nations people. Just like any group of Australians, Aboriginal and Torres Strait Islander Australians are diverse and don't all think the same way.

However, the Voice proposal is the result of successive processes of consultation and engagement  -  involving thousands of individuals and engaging with communities' right across the country. First Nations leaders have been calling for this reform for decades.

I am confident there is overwhelming support within First Nations communities, which will only continue to grow. Just last week all of the land councils in the NT and the NSW Aboriginal Land Council have declared their full support for the Voice. They join the vast majority of Aboriginal and Torres Strait Islander Peoples nationally who support the voice.

While this is important, the reality is that the 96 per cent of the non-Indigenous voting population will determine the outcome of the referendum. This is why allies play a crucial role in having conversation with colleagues and through writing to politicians and newspapers dispelling disinformation and explaining why they should support change for a better future.

There is much more that I could say but my time is up and there is an opportunity for you to ask me questions in the Q&A session. I have endeavoured to demonstrate that Aboriginal and Torres Strait Islander peoples have for over 65 years attempted to have a Voice that could guide government and the parliament on how to effectively design and implement policies and programs that will have a positive impact to achieve equality for all First Nations Australians. We are experiencing advancements but not at the pace experienced by other Australians and this results in the Gap not Closing.

I have also endeavoured to shine a light on the way forward and how all of the voting population needs to become informed of the facts and not be swayed by the mis and disinformation that are being promoted by pundits who are ill-informed or have malicious intent.   

Thank you.

Watch the full 2023 ANU Reconciliation Lecture .