Prime Minister Anthony Albanese’s proposal that three sentences be added to the constitution in a referendum to be held in the second half of next year prompted former prime minister Tony Abbott to warn that the Voice delegates could be empowered by the wording to veto decisions made by the parliament.
A number of Liberal MPs including senator Jacinta Nampijinpa Price havecriticised a lack of detail about how the Voice would work while the Nationals have vowed to oppose it.
But the eight law professors and justices that comprise the referendum’s “Constitutional Expert Group” - includingKenneth Hayne,Megan Davis,Noel Pearson,Asmi Wood,Anne Twomey,George Williams,Greg Craven and Cheryl Saunders - said the draft amendment makes clear the Voice would only be able to advise the parliament and the executive government.
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It would be “empowered to make representations to the parliament and the executive government about matters,including existing or proposed laws,policies or decisions that have a connection to Aboriginal and Torres Strait Islander peoples”.
“The draft provision does not in any way provide the Voice with a veto power over the functions or powers of the parliament or the executive.“
The draft wording proposed by Albanese says:“There shall be a body,to be called the Aboriginal and Torres Strait Islander Voice. The Aboriginal and Torres Strait Islander Voice may make representations to Parliament and the Executive government on matters relating to Aboriginal and Torres Strait Islander Peoples. The Parliament shall,subject to this Constitution,have power to make laws with respect to the composition,functions,powers and procedures of the Aboriginal and Torres Strait Islander Voice.“