House debates

Wednesday, 13 September 2023

Questions without Notice

Aboriginal And Torres Strait Islander Voice

2:27 pm

Photo of Anne WebsterAnne Webster (Mallee, National Party, Shadow Assistant Minister for Regional Health) Share this | | Hansard source

My question is to the Minister for Indigenous Australians. There are at least 250 Aboriginal and Torres Strait Islander language groups across our country. With 24 members, how will the Voice reconcile different or competing priorities between the many Aboriginal and Torres Strait Islander cultures, customs, languages and laws?

2:28 pm

Photo of Linda BurneyLinda Burney (Barton, Australian Labor Party, Minister for Indigenous Australians) Share this | | Hansard source

RNEY (—) (): I thank the member for her question. I want to read to the House the proposed question and the proposed amendments because they will answer the question:

A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?

The proposed amendments are:

In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

i. there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice—

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

The Leader of the Opposition on a point of order?

Photo of Peter DuttonPeter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | | Hansard source

On relevance: I don't know whether the minister needs to hear the question again. Could she, instead of reading from this script each and every time, answer the question asked?

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | | Hansard source

To the point of order: I'm not sure if the Leader of the Opposition was listening to the start of the answer, but in the start of the essay it was explained that this context would provide the answer to what had been put. It was explained exactly at the start—

Opposition members interjecting

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order, members on my left! The minister was asked about the implications or how the Voice will deal with language and customs, and she's referring directly to the referendum. She's reading from a document and supporting her answer with that. She's being relevant to the question. I don't think anyone denies that. So I'm going to allow her to continue, but I will listen closely to make sure she's within the standing orders.

Photo of Linda BurneyLinda Burney (Barton, Australian Labor Party, Minister for Indigenous Australians) Share this | | Hansard source

The proposed amendment continues:

ii. the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;

iii. the Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice—

Photo of Sussan LeySussan Ley (Farrer, Liberal Party, Shadow Minister for Women) Share this | | Hansard source

Mr Speaker—

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order! The minister will pause. One point of order under the standing orders has already been made on relevance. The Deputy Leader of the Opposition will need to state the standing order that she's taking a point of order on.

Photo of Sussan LeySussan Ley (Farrer, Liberal Party, Shadow Minister for Women) Share this | | Hansard source

Mr Speaker, I seek your ruling on whether the minister simply reciting the words that she has—and this is the third answer this question time—which in no way address the questions that have been asked is actually within the standing orders. I seek—

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Resume your seat. The Leader of the House?

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | | Hansard source

To seek a ruling, someone has to raise a point of order, which the deputy leader just refused to do when you requested that a point of order be raised. The only one she could possibly be making is the one that has already been done once.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

It's not in order to raise this, and it's not a valid point of order. It's not possible to go back in time to ask, 'What was your ruling?' when I've already given the ruling. I call the minister in continuation.

Photo of Linda BurneyLinda Burney (Barton, Australian Labor Party, Minister for Indigenous Australians) Share this | | Hansard source

The proposed amendment continues:

iii. the Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.