Senate debates

Friday, 16 June 2023

Bills

Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023; In Committee

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

In terms of making a decision, it would therefore need to be notified of anything that the government intends to do so that it can proactively make a decision. Therefore, you go to the section we were just discussing, which is the implied constitutional rights that the Voice does have. It can't proactively make a representation if it doesn't know what it is actually making a representation on, hence the implied constitutional right to provide notification to the Voice.

If the Voice doesn't make a representation about something that someone is concerned about or another Aboriginal and Torres Strait Islander person is concerned about, would that person be able to seek a writ or some other direction in court ordering the Voice to consider the issue and therefore potentially make the representations? This goes backs to what we had discussed previously: a) what is the body, b) who is able to sit or be a representative on the body and c) how many do you have, to ensure that you are properly making representations in relation to the people you represent?

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