House debates

Tuesday, 23 May 2023

Bills

Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023; Second Reading

5:28 pm

Photo of Pat ConaghanPat Conaghan (Cowper, National Party, Shadow Assistant Minister for Social Services) Share this | Hansard source

I'd like to start my response by acknowledging the Minister for Indigenous Australians and the speech that was heard in this place yesterday. The minister made a number of insightful and compelling points in her very impassioned speech. She acknowledged that this is not a decision or a plaything of politicians; it is a decision of the Australian people. She noted that 56 years ago Australians voted in a referendum with a similar goal. It was a major turning point in the Australian story, a unifying moment, one that appealed to Australians' innate sense of fairness. She also noted Indigenous Australians continue to be left behind on many key life indicators. There is almost a nine-year gap in life expectancy, a gap in infant mortality and a disproportionate incarceration rate. She noted that it isn't good enough and that something has to change, and change for the better. She identified that the disadvantages experienced by Indigenous Australians are not the fault of any single individual today, and it is the responsibility of all of us to strive for a reconciled future. On every single one of these points I wholeheartedly agree. In fact, there is much that the Minister for Indigenous Australians and I strongly agree on. I sincerely thank her for her continued dedication to what she believes is right for Indigenous Australians.

The beauty of our democracy is that we are able to respectfully differ in opinion when it comes to the methods in which our shared goals can be achieved. It should be noted that the incredible initiatives that the Minister for Indigenous Affairs acknowledged in her speech, like Indigenous-led health clinics that are improving health outcomes and saving whole families from endless travel; or the Indigenous Rangers program, which has reduced unemployment rates and given young people a sense of purpose, while boosting the protection of our unique natural environment, are already in play. Similarly, practical initiatives can be created and expanded via updates to legislation alone. Enhancements and changes to programs and initiatives can be made swiftly without a referendum on constitutional change that divides the nation along the line of race. Enhancements and changes can be made without the delay that a referendum requires. Enhancements and changes can be made without the cost of a referendum. Positive steps can be taken without unintentionally encouraging Australians to have a conversation that contains the words 'us' and 'them' in place of 'one' and 'all'.

This bill conflates two entirely separate issues: firstly, recognising Aboriginal and Torres Strait Islander people in the Australian Constitution, a point upon which we all agree and that does not have unforeseen consequences; and, secondly, support for a constitutionally enshrined Aboriginal and Torres Strait Islander advisory body, a point that is a cause for concern for many. These two distinct and separate issues may not have been made clear to the Australian public throughout this inquiry and appear to have been designed with that intent. In my view, the suggestion that to vote no on the Voice is to deny historical atrocities is recklessly dismissive and encourages Australians to vote on emotion rather than logic. Constitutional lawyers who oppose the current changes are not denying the plethora of significant mistakes made by governments at all levels since our Federation. They are looking at a legal document and its potential unintended consequences. Acknowledging serious missteps and mistreatment in our past does not necessitate the changes to our Constitution that are being proposed right here.

I'm proud to say that I am born and bred a Kempsey boy, a regional town on the Mid North Coast of New South Wales. Around one in seven residents of Kempsey are Indigenous Australians. I was raised in the household of the local GP. My father physically delivered many of our current community members into this world. He treated the physical and mental health of the members of our community and helped them whilst sometimes at their worst. I was recently in Kempsey attending the 20th anniversary of the circle sentencing program at the Kempsey Local Court. This program provides young Indigenous people an alternative to the judicial system, where they sit with members of the community, sit with the families and sit with the victims and talk about what it meant to the victims and what it meant to the community.

This program has been so successful that some of the young men who went through it 20 years ago are now running it. And to my astonishment and amazement, as I was standing there, Aunty Shirley said, 'I would like to say something,' and she said, 'Dr Conaghan was the first doctor to allow Indigenous people into his clinic.' Whilst I was very proud of that fact, I was equally appalled that it had to be him, in the 1960s, not that long ago. To think that in the 1960s, Indigenous people were being precluded from medical treatment. So I'm extremely proud to be able to tell that story. He welcomed both Indigenous and non-Indigenous into our home at all hours of the night. He turned nobody away.

I saw first-hand the differences in the standards of health amongst the Indigenous community. I saw first-hand the influence that grassroots support can have, not just on an individual but on an entire community, when that support is provided without judgement or division. I started my own career as a police officer in Kempsey and saw first-hand the disparities in the rates of domestic and family violence, the rates of incarceration, with the number of people outside the court mainly being the Indigenous population. I also saw first-hand the distrust for government and authorities. I saw entire families without birth certificates being pulled up for offences like driving without a licence when they were unable to get one because they didn't have a birth certificate. An issue as seemingly as simple as this continues to negatively affect Indigenous people throughout their lives. I continued my career as a police prosecutor and criminal defence lawyer. There I continued to see these same issues play out again and again.

More recently, I took part in the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum. I heard first-hand the testimonies of those suffering as a result of historical atrocities. I heard of the failings of the past and the gaping holes that exist in our current systems. These were very passionate and moving testimonies, each and every one. What I did not hear is how the Voice specifically will tangibly affect any of these issues. I did not hear how it would deliver outcomes and close the gap. I did not hear how enshrining potential division in our Constitution will encourage Australians to act and move forward as one. Unfortunately, what I did not hear were concrete answers to some important questions. Who will be eligible to serve on the proposed body? What are the prerequisites for nomination? Will the government clarify the definition of Aboriginality to determine who can serve on the body? How will members be elected, chosen or appointed? How much will it cost taxpayers annually? Importantly, what are its functions and powers? Is it purely advisory, or will it have decision-making capabilities? How will the government ensure that the body includes those who still need to get a platform in Australian public life? How will it interact with the Closing the Gap process? And will the government rule out using the Voice to negotiate any national treaty?

As the assistant shadow minister for the prevention of family violence, I recently travelled to Darwin and to Alice Springs for consultations with individuals, community groups and specialist organisations on what is happening on the ground and how they feel governments at all levels can best assist with breaking the cycle of violence. While I was there with a specific focus on the prevention of family violence, I did take the opportunity to ask each group for their opinion on the voice and what it will achieve for them. I was there to listen and learn, not to provide my personal thoughts or views. Interestingly, those who intended to vote yes and those who intended to vote no both acknowledged a lack of detail provided by the government and had questions about how it would affect them personally. Both sides of the argument requested more detail to properly inform themselves and their community.

It was surprising to hear how many hadn't made up their minds. Even the ones who are voting 'yes' were somewhat cynical that it would not make any difference in their life or to their mob, which I found quite disheartening for them. This sentiment was reiterated in a recent survey that I put out in my electorate of Cowper. Over 10 per cent of respondents answered, 'I don't know,' to the question, 'Do you support the Indigenous Voice to Parliament?'

What all individuals I have spoken to unanimously did suggest was that to fix problems, like social disparity, domestic violence, substance abuse and education and health outcomes, governments at all levels must provide more on-the-ground solutions and manpower at the coalface. What our community needs is less red tape and bureaucracy and more immediate action.

In my final words on this issue I want to make a few things clear. I will always vote 'yes' on legislative reform that I believe will move the dial when it comes to meaningfully closing the gap. I will vote 'yes' on initiatives that support the prevention of family violence. I will vote 'yes' on reform that provides the right manpower on the ground to improve health and education outcomes. I will always vote 'yes' on tangible solutions that provide measurable results. But I will not vote 'yes' on a change that divides the nation arbitrarily on the lines of race and that leaves too much to individual interpretation.

I'm passionate about doing what I can to provide better outcomes for everyone in my community, including Indigenous Australians, who deserve action over symbolism and swift response over delay. I recognise the entrenched systematic and historical changes faced in many Aboriginal and Torres Strait Islander communities, particularly those in remote Australia. These issues must be addressed, and in my view the delivery of evidence-based, community-led initiatives will better address these challenges and improve the lives of Aboriginal and Torres Strait Islander peoples better than a referendum.

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