Seventy-three per cent of respondents to a recent ABC Vote Compass question on whether the constitution should be amended to establish a representative body to advise parliament on laws affecting Indigenous people said, ‘Yes’.
That was Minister for Indigenous Australians, Ken Wyatt’s, firm position soon after being sworn in, in 2019… and that it should happen ‘before the next election’, ie; the one we are about to have.
By November 2020, Minister Wyatt had gone cold on the idea of changing the Constitution. Instead, he was saying ‘legislation’ to create an Indigenous Voice to parliament ‘should pass parliament before the next election’, ie; the one we are about to have.
So, what’s the difference between creating a ‘Voice’ by referendum or by legislation?
Well, referenda questions are harder to ‘land’ because of the ‘majority of voters in a majority of states’ requirement. Whereas legislative proposals require basically a simple majority ‘Yes’ vote by only the federal politicians.
But a legislated change is much easier to overturn (by parliamentary vote) than a change by referendum, which change would require another referendum. So, a change by referendum is the way to go if a bedrock principle of the nation’s ethos is in play.
Regrettably, I’d have to say that there hasn’t been enough committed support for a referendum from those people who have been in positions of power, including the erstwhile and present PM (who prefers a wishy-washy approach to the question). And the hard-right members of his party are dead against real change. So, we have to have the referendum before the (next) election; that is, the election after the election we are about to have.


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