Senate debates

Wednesday, 21 June 2023

Questions without Notice

Aboriginal and Torres Strait Islander Voice

2:45 pm

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

My question is for the Minister representing the Minister for Indigenous Australians. Minister Burney has declared that the Voice will not provide advice on issues that do not specifically affect First Peoples. On what premise is Minister Burney stating that Australia Day, which clearly affects First Nations people and is a day of mourning for us, does not fall within the remit of the Voice?

2:46 pm

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

I thank Senator Thorpe for the question. It relates to the question I have just answered. It's from a different point of view, but it's a similar question to the one that Senator Cash just asked me. We have made it clear that the Voice will be an advisory body made up of Aboriginal and Torres Strait Islander Australians who may make representations to government on issues that affect their communities. It's that simple—it will be on matters relating to Aboriginal and Torres Strait Islander people. We understand what many of those representations will be towards, including the programs and supports that—

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

President, I rise on a point of order on relevance. The question was around Australia Day, or Invasion Day, as we call it. It does affect First Nations people—

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

Senator Thorpe, when you raise a point of order it goes to what the minister is responding to. The minister is being relevant. I will listen carefully to the remainder of her answer.

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

In relation to Australia Day, it is not the policy of this government to change the date of Australia Day. I have talked with many Aboriginal and Torres Strait Islander peoples who have very strong views about Australia Day similar to yours, Senator Thorpe. But the Voice will give advice. It is not a decision-making body. It's clear from the question we are putting to the Australian people and that the parliament has passed—the Senate passed it on Saturday morning—that the power of the parliament will not change. The Voice may give advice, but the parliament retains its primacy and the parliament will make laws.

We see huge benefits coming from having a voice that is advisory to speak directly to this parliament and the executive representing local First Nations communities about issues that they care deeply about and want to have a say about in terms of government decision-making. It is a positive change. It's a change that seeks to unite Australia, not divide Australia. We look forward to all Australians having the opportunity to vote— (Time expired)

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

Senator Thorpe, a first supplementary?

2:48 pm

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

When military bases are on First Nations land and close to First Nations communities and, therefore, those communities are at higher risk of military attacks than others, why can the Voice not provide advice on military policies?

2:49 pm

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

I go back to my previous answer. The Voice will be an advisory body. It will make representations to government on issues that affect their communities. They are matters relating to Aboriginal and Torres Strait Islander people, specific to Aboriginal and Torres Strait Islander people and which affect Aboriginal and Torres Strait Islander people differently. I think we can all accept that there are a number of those areas—including employment opportunity, education, housing, payment support, life expectancy and incarceration—where governments, with the best of intentions and the best of—

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

Minister Gallagher, please resume your seat. Senators Thorpe and Cash, the interjections are disorderly, and I would ask that you listen in silence. Minister Gallagher.

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

will be some of the matters that I imagine, once the Voice is established, this parliament and executive government will be provided advice on. That is the whole purpose behind the Voice and what was sought at Uluru at that historic gathering. (Time expired)

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

Senator Thorpe, second supplementary?

2:50 pm

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

or THORPE () (): How can the Voice be a self-determining body for First Nations people when it can't even determine what matters to us?

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

I would again remind people that the parliament will have a say in the shape of the Voice through the debate. We will have the Constitution referendum question put. The request at that historic gathering at Uluru was for voice and treaty and truth. We are committed to implementing the Uluru Statement from the Heart in full. We see it as a gracious offering to unite the country to walk together, to recognise Australia's First People—

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

Minister Gallagher, please resume your seat. Senator Thorpe, on a point of order?

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

President, again on relevance. This was about how self-determination is determined in what you're talking about here—self-determination. I don't know what your explanation for self-determination is, but it certainly ain't ours.

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

Thank you, Senator Thorpe. The minister has gone back to the Uluru Statement from the Heart in answering your question, and I believe that she is being relevant. Minister, please continue.

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

It wasn't decided there. That's not right.

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

Senator Thorpe, it is not a debating point. Do you wish to raise a second point of order?

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

Yes.

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

Then please go ahead.

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

This is on relevance, and it's around self-determination. I don't believe that the minister is addressing the issue of self-determination, and the Uluru Statement from the Heart is not a definition of self-determination.

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

Senator Thorpe, that becomes a debating point. You have asked me if the minister is being relevant to your question. I believe that she is, and I will continue to listen carefully to the remainder of her answer. Minister Gallagher.

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

Thank you, and I think the principles that underpin the Voice that have been consulted on and released provide some of the information that Senator Thorpe is seeking.