Senate debates

Wednesday, 21 June 2023

Questions without Notice

Aboriginal And Torres Strait Islander Voice

2:38 pm

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

My question is to the Minister representing the Minister for Indigenous Australians, Senator Gallagher. Last Friday evening, during the committee stage of the constitutional alteration bill, I asked Senator Watt: will the Voice have the freedom to determine the issues on which it makes representations? Senator Watt replied, 'Yes'. Yesterday, in the other place, Minister Burney said:

I can tell you what the Voice will not be giving advice on. It won't be giving advice on parking tickets. It won't be giving advice on changing Australia Day.

Minister, who is right, Minister Watt or Minister Burney? Will the Voice have the freedom to determine the issues on which it makes representations, yes or no?

2:39 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

GALLAGHER (—) (): I understand this matter has been raised in the House today as well. I can confirm—and I think the Attorney-General has made this clear—that the Aboriginal and Torres Strait Islander Voice will be able to make representations on matters relating to Aboriginal and Torres Strait Islander peoples. This means matters specific to Aboriginal and Torres Strait Islander peoples and matters which affect Aboriginal and Torres Strait Islander peoples differently. We know what those issues are. I think it is unfortunate but not unexpected that we have a continuing campaign here which essentially seeks to misrepresent a modest request from Australia's First Peoples through the Uluru Statement from the Heart about a voice to parliament enshrined in the Constitution. We know what matters affect Aboriginal and Torres Strait Islander peoples differently. There are gaps in education, gaps in employment, gaps in opportunity, gaps in health and gaps in life expectancy.

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

Climate change?

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

These are the matters that affect Aboriginal and Torres Strait Islander people. Senator Thorpe, it is not an exclusive list, but I'm trying, in the time available to me, to make it clear. The Attorney-General and others have made clear that it is a modest request. Those opposite seek to misrepresent this at every single opportunity. We are getting a taste of what the next few months are going to be like. I call on people to exercise their privileged position in this place responsibly. (Time expired)

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

Senator Cash, a first supplementary?

2:41 pm

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

Minister, yesterday in the other place Minister Burney said that the Voice was primarily about recognition and listening. Yet, earlier yesterday, Pat Anderson AO, a leading member of the referendum working group, told Radio National, 'It's really important for the voters to understand that this advisory body will be able to sit and negotiate with the parliament and the executive government of the day.' Can the minister confirm that the proposed voice will, as Pat Anderson AO says, be able to actively negotiate matters with parliament and executive government? (Time expired)

Photo of Louise PrattLouise Pratt (WA, Australian Labor Party) Share this | | Hansard source

It's like you don't understand how this place works.

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

Order, Senator Pratt!

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

Who's right—you or Pat Anderson?

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

Senator Cash, you've asked your question. I now ask that you listen respectfully, and that goes for across the chamber.

2:42 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

ER (—) (): I thank Senator Cash for the question. I will start off where I finished by saying I think there is a role for us to be accurate and not seek to divide Australia—

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

Minister, please resume your seat. Senator Cash, you have asked your question. The minister is answering. Your interjections are disorderly. Minister, please continue.

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

As I have said, I would remind people that the detail of the final design of the Voice is actually up to the parliament to resolve. We are very supportive of implementing the Uluru Statement from the Heart in full, which includes a voice to the nation's parliament enshrined through the Constitution, recognition through the Constitution of Australia's First Peoples and listening to what Aboriginal and Torres Strait Islander people say. (Time expired)

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

Senator Cash, a second supplementary?

2:43 pm

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

Minister, for the Australian people who will vote at this referendum can you please confirm for the record that the Voice will be able to give advice to the government and/or the executive on absolutely any issue it chooses, including abolishing Australia Day?

Hon. Senators:

Honourable senators interjecting

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

Order, across the chamber!

2:44 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

I have answered this—

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

You know that's not true.

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

Minister, please resume your seat. Senator Cash and Senator Watt, the interjections across the chamber are disorderly. The question has been asked. The minister was on her feet. She's entitled to give an answer. Senators are to listen in respectful silence.

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

I would say, again, that the power of the parliament will not change through this referendum question. The Attorney-General, Senator McCarthy, Minister Watt and I have said that the Aboriginal and Torres Strait Islander Voice will be able to make representations to the parliament and executive government on matters relating to Aboriginal and Torres Strait Islander peoples. That is the position. That is the advice from the government. The shape of that will be determined by this place, where everybody will have the opportunity to have a say. The first step is the referendum, a question put to the Australian people, where every Australian who is able to will have the opportunity to have a say. Then it will be the parliament— (Time expired)