Senate debates

Thursday, 30 March 2023

Questions without Notice

Aboriginal and Torres Strait Islander Voice

2:13 pm

Photo of Jacinta Nampijinpa PriceJacinta Nampijinpa Price (NT, Country Liberal Party) Share this | | Hansard source

How appropriate! My question is to the Minister representing the Prime Minister, Senator Wong. Can you please outline to the Senate what mechanism the Labor Party intends to use for determining a person's Aboriginality for the purposes of voting for or serving on the proposed Voice to Parliament body?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I will first acknowledge the leaders in the chamber.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Rennick!

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I would have hoped that, regardless of Senator Rennick's views about the Voice, he might acknowledge and respect leadership. I say to the leaders of First Nations who are here: we have appreciated the leadership you have shown with your peoples and in engagement with the government, the parliament, the cabinet and the Prime Minister. It has been a very important and, frankly, very moving process of working through these issues to get to the point we are at today. Senator Price, I'm frankly quite disappointed in that question—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Minister, please resume your seat—

Senator Cash, I have a senator on her feet.

Photo of Jacinta Nampijinpa PriceJacinta Nampijinpa Price (NT, Country Liberal Party) Share this | | Hansard source

I'd just like to correct the senator that my appropriate title is Senator Nampijinpa Price.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I apologise, Senator Nampijinpa Price. I am disappointed in the question. It's a question I have heard from those who seek to undermine indigeneity.

Opposition senators interjecting

I'm not suggesting—

Honourable senators interjecting

But I accept that you wish to put that to me, and I will answer it. I am advised that there is a three-part test which is widely accepted and has not changed. I am advised that the Australian government generally applies the following common-law criteria for the purpose of determining eligibility for First Nations specific services. They are that a person is of Aboriginal and/or Torres Strait Islander descent, identifies as an Aboriginal and/or Torres Strait Islander and is accepted as such by the community in which they live or have previously lived. I am advised that this is a widely accepted test by government agencies, by First Nations organisations and community organisations, and, if I may say, it would appear to be common sense.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Nampijinpa Price, a first supplementary?

2:16 pm

Photo of Jacinta Nampijinpa PriceJacinta Nampijinpa Price (NT, Country Liberal Party) Share this | | Hansard source

Will the senator please confirm: will the Albanese government follow at all the example of the South Australian government and allow people to simply make a statutory declaration of their own Aboriginality?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

In response, I would make the point that I think I have responded in—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Ruston, order! It is disrespectful to keep calling out across the chamber, especially when the minister is on her feet answering. Minister, please continue.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I refer to my previous answer, which I think goes to these issues, but the senator raises what has occurred in South Australia. In South Australia, Thomas Mayo and others who are involved in South Australia would attest to the importance of the announcement on Sunday, in which I think there was bipartisan support from memory. Is that right?

Photo of Malarndirri McCarthyMalarndirri McCarthy (NT, Australian Labor Party, Assistant Minister for Indigenous Australians) Share this | | Hansard source

And Voice commissioner Dale Agius.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

Mr Agius is here? Thank you for your work too. It points to the sort of unity across the community that this process, when done well— (Time expired)

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Nampijinpa Price, a second supplementary?

2:17 pm

Photo of Jacinta Nampijinpa PriceJacinta Nampijinpa Price (NT, Country Liberal Party) Share this | | Hansard source

Is the Albanese government concerned about people taking advantage of the criteria for establishing Aboriginality, and will it consider strict requirements for those who wish to vote or serve on the Voice?

2:18 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

Again, I have answered—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Ruston, I called you during the last question and I'm going to call you again. You are being disorderly and disrespectful. Minister, please continue.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I have answered the approach the government takes as a matter of course, in response to the first question, but I would make this point. The proposed wording of the constitutional change makes it clear, amongst other things, that the structure and process associated with the Voice and its composition would be the subject of determination by the parliament. So, obviously, if the Australian people agree to the constitutional change that has been proposed, members and senators will have engagement on some of those issues, including the issues that Senator Nampijinpa Price raises today.