Keith Wolahan (Menzies, Liberal Party) Share this | Link to this | Hansard source

The way we debate the referendum this year matters. For several years, a central tenet of the Voice has been that all matters relating to it should be non-justiciable. The risks are obvious. Judicial delay is separate to veto and has implications for time sensitive and tightly held economic and national security decisions.

Late last year some lawyers began to question whether the proposed model would achieve this. From reports, it appears that the Attorney-General and the Solicitor-General also have concerns. Despite this, Professor Langton told the Australian that she does not understand how anyone could insist on nonjusticiability, stating: 'Their argument reeks of subconscious racism.' This is an alarming reversal of the view that Professor Langton and Professor Calma expressed in their 2021 co-design report where they described that nonjusticiability was an essential feature of the overall design.

The AFR then reported that prominent silk Bret Walker SC gave a speech in which he branded a particular argument as racist. In the absence of a constitutional convention, we must hear from all sections of society, particularly the legal sector. This is why those with a platform should resist the urge to engage in slurs. To do so debases our democracy.