Footnotes

Chapter 1 - Introduction

[1]        The Hon Mr Christopher Pyne, Leader of the House, Minister for Education, House of Representatives Hansard, 21 November 2013, p. 969.

Chapter 2 - Discussion of forms of constitutional wording

[1]        Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012.

[2]        Ibid, p. 2.

[3]        Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. xvii.

[4]        Ibid.

[5]        Prime Minister the Hon Tony Abbott MP, 'Australia Day 2014', media release and speech, 26 January 2014, http://www.pm.gov.au/media/2014-01-26/australia-day-2014, (accessed 11 July 2014).

[6]        Prime Minister the Hon John Howard, 'A New Reconciliation', Sydney Institute, 11 October 2007.

[7]        Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 1.

[8]        Ibid.

[9]        George Williams and David Hume, People Power: The History and Future of the Referendum in Australia, UNSW Press, 2010.

[10]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 137.

[11]      John La Nauze, The Making of the Australian Constitution, Melbourne University Press, 1972, p. 68; in Bain Attwood and Andrew Markus, The 1967 Referendum: Race, Power and the Australian Constitution, 2nd edition, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2007, p. 3.

[12]      George Williams, 'Recognising Indigenous Peoples in the Australian Constitution: What the Constitution Should Say and How the Referendum Can be Won', Land, Rights, Laws: Issues of Native Title, vol. 5, no. 1, September 2011, p. 4.

[13]      Bain Attwood and Andrew Markus, The 1967 Referendum: Race, Power and the Australian Constitution, 2nd edition, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2007, p. 3.

[14]      George Williams, 'Recognising Indigenous Peoples in the Australian Constitution: What the Constitution Should Say and How the Referendum Can be Won', Land, Rights, Laws: Issues of Native Title, vol. 5, no. 1, September 2011, p. 4.

[15]      Anne Twomey, 'An obituary for section 25 of the Constitution' (2012), Public Law Review, vol. 23, pp 125–6.

[16]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 138.

[17]      Ibid, p. 85.

[18]      Professor Mick Dodson AM, 'Constitutional Recognition of Indigenous Australians', Papers on Parliament, no. 57, February 2012, http://www.aph.gov.au/About_Parliament/Senate/Research_and_Education/pops/pop57/c02 (presented in the Senate Occasional Lecture Series, Parliament House, 5 August 2011).

[19]      Oxfam Australia, submission 3574 to the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, January 2012; The Hon R J Ellicott QC, Indigenous Recognition, Some Issues, speech to the 23^rd conference of the Sir Samuel Griffith Society, Hobart, 27 August 2011, p. 84.

[20]      The Hon R J Ellicott QC, Indigenous Recognition, Some Issues, speech to the 23^rd conference of the Sir Samuel Griffith Society, Hobart, 27 August 2011, p. 84.

[21]      The Commonwealth of Australia v Tasmania [1983] HCA 21, para. 77, (Brennan J).

[22]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. xiv.

[23]       (1998) 195 CLR 337.

[24]      See Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, p. 137; Geoffrey Lindell, 'The Constitution Commission and Australia's first inhabitants:  its views on agreement making and a new power to legislate revisited', Australian International Law Review vol. 15, no. 2, 2011, p. 36; Megan Davis, 'Constitutional reform and Aboriginal and Torres Strait Islander people: why do we want it now?' Indigenous Law Bulletin, vol. 7, no. 25, 2011, p. 10.

[25]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 137.

[26]      Professor Mick Dodson AM, 'Constitutional Recognition of Indigenous Australians', Papers on Parliament, no. 57, February 2012, http://www.aph.gov.au/About_Parliament/Senate/Research_and_Education/pops/pop57/c02, (accessed 11 July 2014).

[27]      A proposal to enable the Australian Parliament to make laws with respect to 'the aboriginal race in any State' was carried by referendum 26 in 1967.

[28]      Robert French, 'The Race Power: A Constitutional Chimera' in H.P. Lee and George Winterton, eds, Australian Constitutional Landmarks, Cambridge University Press, 2003, p. 206.

[29]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 145.

[30]      Neil Young QC, Opinion on the Recommendations made by the Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, 11 June 2014, p. 16.

[31]      George Williams, 'Recognising Indigenous Peoples in the Australian Constitution: What the Constitution Should Say and How the Referendum Can be Won', Land, Rights, Laws: Issues of Native Title, vol. 5.1, 2012, p. 4.

[32]      Megan Davis, 'Constitutional reform and Aboriginal and Torres Strait Islander people: why do we want it now?' Indigenous Law Bulletin, vol. 7.25, 2011, p. 10.

[33]      Anne Twomey, 'A revised proposal for indigenous constitutional recognition', Sydney Law Review, vol. 36.3 (2014, forthcoming), p. 18.

[34]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 33.

[35]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, pp 150–151.

[36]      Ibid, p. 130.

[37]      Constitutional Commission, 'Summary', Final Report of the Constitutional Commission, Australian Government Publishing Service, 1988, p. 54 and vol. 1, para. 10.372; in Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 145.

[38]      Neil Young QC, Opinion on the Recommendations made by the Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, 11 June 2014, p. 3.

[39]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 131.

[40]      Rosalind Dixon and George Williams, 'Drafting a Replacement for the Races Power in the Australian Constitution', Public Law Review, vol. 25, 2014, p. 88.

[41]      Article 1 of the United Nations Convention against Racial Discrimination (Schedule to the Racial Discrimination Act 1975 (Commonwealth)).

[42]      Draft wording reflecting a number of sources including national consultation conducted by Mr Henry Burmester QC, Professor Megan Davis and Mr Glenn Ferguson, provided on an informal basis.

[43]      Geoffrey Lindell, 'The Corporations and Races Powers', Federal Law Review, vol.14, 1984, p. 219.

[44]      Ibid, p. 220.

[45]      Grain Pool of Western Australia v Commonwealth (2000) 202 CLR 479, 492, para. 16, Gleeson CJ, Gaudron, McHugh, Gummow, Hayne and Callinan JJ.

[46]      A subject matter power was also supported by former NSW Chief Justice Jim Spigelman AC QC in 'A Tale of Two Panels', speech to the Gilbert + Tobin Centre of Public Law's Constitutional Law Dinner, Sydney, 17 February 2012.

[47]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 33.

[48]      Anne Twomey, 'A revised proposal for indigenous constitutional recognition', Sydney Law Review, vol. 36, no. 3, 2014 (forthcoming), p. 15.

[49]      Anne Twomey, 'A revised proposal for indigenous constitutional recognition', Sydney Law Review, vol. 36, no. 3, 2014 (forthcoming), p. 16.

[50]      Rosalind Dixon and George Williams, 'Drafting a Replacement for the Races Power in the Australian Constitution', Public Law Review, vol. 25, 2014, p. 85.

[51]      Neil Young QC, Opinion on the Recommendations made by the Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, 11 June 2014, p. 7.

[52]      Rosalind Dixon and George Williams, 'Drafting a Replacement for the Races Power in the Australian Constitution', Public Law Review, vol. 25, 2014, p. 88.

[53]      Ibid.

[54]      Kartinyeri v Commonwealth [1998] HCA 22, para. 77, Brennan CJ and McHugh J.

[55]      Kartinyeri v Commonwealth [1998] HCA 22, para. 77, Brennan CJ and McHugh J.

[56]      Neil Young QC, Opinion on the Recommendations made by the Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, 11 June 2014, p. 6.

[57]      Megan Davis, 'Constitutional recognition does not foreclose on Aboriginal sovereignty', Indigenous Law Bulletin, vol. 8 no. 1, July/August 2012, p. 14.

[58]      Racial Discrimination Act 1975 (Commonwealth).

[59]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 158.

[60]      '[T]he Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, in particular as to race, colour or national origin,' section 3(1) of the United Nations Convention against Racial Discrimination (Schedule to the Racial Discrimination Act 1975 (Commonwealth)).

[61]      Megan Davis, 'Constitutional recognition does not foreclose on Aboriginal sovereignty', Indigenous Law Bulletin, vol. 8, no. 1, July/August 2012, p. 14.

[62]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 172.

[63]      Ibid.

[64]      George Williams, 'Recognising Indigenous Peoples in the Australian Constitution: What the Constitution Should Say and How the Referendum Can be Won', Land, Rights, Laws: Issues of Native Title, vol. 5, no. 1, 2012, p. 9.

[65]      Article 1 of the United Nations Convention against Racial Discrimination (Schedule to the Racial Discrimination Act 1975 (Commonwealth)) provides that '[s]pecial measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.'

[66]      Neil Young QC, Opinion on the Recommendations made by the Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, 11 June 2014, p. 13.

[67]      Ibid, p. 10.

[68]      Megan Davis, 'Where to next for Indigenous constitutional recognition?', speech to Constitution Day 2013, Parliament House, 17 June 2013, http://constitutionday.wordpress.com/where-to-next-for-indigenous-constitutional-recognition-by-professor-megan-davis-2/, accessed 10 June 2014.

[69]      Neil Young QC, Opinion on the Recommendations made by the Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, 11 June 2014, p. 13.

[70]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 167.

[71]      Noel Pearson, ‘A Letter to the Australian People’, submission 3619 to the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples; Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 167.

[72]      Rosalind Dixon and George Williams, 'Drafting a Replacement for the Races Power in the Australian Constitution', Public Law Review, vol. 25, 2014, p. 87.

 

 

[75]      Rosalind Dixon and George Williams, 'Drafting a Replacement for the Races Power in the Australian Constitution', Public Law Review, vol. 25, 2014, p. 83.

[76]      [2013] HCA 28. Queensland regulations imposed alcohol restrictions that applied specifically to Palm Island (a community 'composed almost entirely of Indigenous people'). While the laws were found to be discriminatory and inconsistent with section 10 of the Racial Discrimination Act 1975 (Commonwealth), they were held to be valid as special measure under section 8. Further, the High Court has considered the concept of discrimination in relation to section 117 of the Constitution in Street v Queensland Bar Association (1989) 168 CLR 461, paras 28–31, Gaudron J.

[77]      Rosalind Dixon and George Williams, 'Drafting a Replacement for the Races Power in the Australian Constitution', Public Law Review, vol. 25, 2014, p. 87.

[78]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, pp 110–113.                                                                              

[79]      Ibid, p. 131.

[80]      Ibid, p. 112.

[81]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. xiii.

[82]      Anne Twomey, 'A revised proposal for indigenous constitutional recognition', Sydney Law Review, vol. 36, no. 3, 2014 (forthcoming).

[83]      The Hon R J Ellicott QC, Indigenous Recognition, Some Issues, speech to the 23^rd conference of the Sir Samuel Griffith Society, Hobart, 27 August 2011, p. 82.

[84]      Stephen Gageler and Mark Leeming, 'An Australian Republic:  Is a Referendum Enough?' Public Law Review, vol. 7, 1996, p. 143.

[85]      Ibid, referring to Wacando v Commonwealth (1981) 148 CLR 1, paras 15–16, Gibbs J.

[86]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 130.

[87]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 117; Centre for Comparative Constitutional Studies, University of Melbourne, submission 3558 to the Expert Panel on Constitutional Recognition of Indigenous Australians, pp 6–7.

[88]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 130.

[89]      Ibid, p. 72.

[90]      Anne Twomey, 'A revised proposal for indigenous constitutional recognition', Sydney Law Review, vol. 36, no. 3, 2014 (forthcoming), p. 13.

[91]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 133.

[92]      Anne Twomey, 'A revised proposal for indigenous constitutional recognition', Sydney Law Review, vol. 36, no. 3, 2014 (forthcoming), p. 14; United Nations Committee on the Elimination of Racial Discrimination, General Recommendation No 32: The Meaning and Scope of Special Measures in the International Convention on the Elimination of All Forms of Racial Discrimination, 75th session, United Nations Doc. CERD/C/GC/32, 24 September 2009.

[93]      RECOGNISE THIS is a youth-led movement to recognise Aboriginal and Torres Strait Islander peoples in the Australian Constitution, a partnership between RECOGNISE, the National Centre of Indigenous Excellence and YourExtraLife.

[94]      RECOGNISE THIS, Youth Report on Constitutional Recognition, Indigenous Youth Engagement Council, 2013, p. 31.

[95]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 131.

[96]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 150.

[97]      Ibid.

[98]      Rosalind Dixon and George Williams, 'Drafting a Replacement for the Races Power in the Australian Constitution', Public Law Review, vol. 25, 2014, p. 86.

[99]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. xiv.

[100]    Patricia Karvelis, 'Abbot will lead doubters to constitutional change', The Australian, 31 January 2014, http://www.theaustralian.com.au/national-affairs/state-politics/abbott-will-lead-doubters-to-constitutional-change/story-e6frgczx-1226814324051# (accessed 12 May 2014).

[101]    Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 224.

[102]    Ibid, p. 224.

[103]    Australia Act 1986 (Commonwealth), Long Title.

[104]    Cape York Institute, submission 3479 to the Expert Panel on Constitutional Recognition of Indigenous Australians, pp 39–40; Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 128.

[105]    Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 131.

[106]    George Williams and David Hume, People Power: The History and Future of the Referendum in Australia, UNSW Press, 2010, pp 254–259.

[107]    Cited in George Williams and David Hume, People Power: The History and Future of the Referendum in Australia, UNSW Press, 2010, p. 254.

[108]    George Williams and David Hume, People Power: The History and Future of the Referendum in Australia, UNSW Press, 2010, p. 254.

[109]    Neil Young QC, Opinion on the Recommendations made by the Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, 11 June 2014, p. 4.

[110]    Anne Twomey, 'A revised proposal for indigenous constitutional recognition', Sydney Law Review, vol. 36, no. 3, 2014 (forthcoming), p. 2.

[111]    Neil Young QC, Opinion on the Recommendations made by the Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, 11 June 2014, p. 4.

[112]    Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 132.

Chapter 3 - Next steps towards Constitutional recognition

[1]        George Williams and David Hume, People Power: The History and Future of the Referendum in Australia, UNSW Press, 2010.

[2]        Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 227.

[3]        Senator the Hon Nigel Scullion, Minister for Indigenous Affairs, 'Next Step Towards Indigenous Constitutional Recognition', 28 March 2014, http://minister.indigenous.gov.au/media/2014-03-28/next-step-towards-indigenous-constitutional-recognition (accessed 23 June 2014).

[4]        Aboriginal and Torres Strait Islander Peoples Recognition Act 2013, s. 4.

[5]        Senator the Hon Nigel Scullion, Minister for Indigenous Affairs, 'Next Step Towards Indigenous Constitutional Recognition', Media release, 28 March 2014, http://minister.indigenous.gov.au/media/2014-03-28/next-step-towards-indigenous-constitutional-recognition (accessed 23 June 2014).

[6]        Mr Selwyn Button, Chief Executive Officer, Queensland Aboriginal and Islander Health Council, Committee Hansard, 30 June 2014, p. 19; Mr Peter Arndt, Executive Officer, Catholic Justice and Peace Commission, Brisbane Archdiocese, Committee Hansard, 30 June 2014, p. 23.

[7]        Mr Shane Duffy, Chief Executive Officer, Aboriginal and Torres Strait Islander Legal Services Queensland, Committee Hansard, 30 June 2014, p. 1.

[8]        Mr Daniel Gschwind, Chief Executive Officer, Queensland Tourism Industry Council, Committee Hansard, 30 June 2014, p. 14.

[9]        Mr Shane Duffy, Chief Executive Officer, Aboriginal and Torres Strait Islander Legal Services Queensland, Committee Hansard, 30 June 2014, pp 3–6; Mr Ian Brown, President, Queensland Law Society, Committee Hansard, 30 June 2014, p. 8;  Mr Selwyn Button, Chief Executive Officer, Queensland Aboriginal and Islander Health Council, Committee Hansard, 30 June 2014, p. 19.

[10]      Mr Peter Arndt, Executive Officer, Catholic Justice and Peace Commission, Brisbane Archdiocese, Committee Hansard, 30 June 2014, p. 23.

[11]      Mr Ian Brown, President, Queensland Law Society, Committee Hansard, 30 June 2014,    pp 10–11.

[12]      Mr Shane Duffy, Chief Executive Officer, Aboriginal and Torres Strait Islander Legal Services Queensland, Committee Hansard, 30 June 2014, p. 1; Mr Wayne Wharton, Spokesperson, Brisbane Aboriginal Sovereign Embassy, Committee Hansard, 30 June 2014, p. 17.

[13]      George Williams and David Hume, People Power: The History and Future of the Referendum in Australia, UNSW Press, 2010, pp 12–14.

[14]      RECOGNISE is governed by the board of Reconciliation Australia, who received $10 million in government funding in 2012–13 to build public awareness and community support for constitutional change.

[15]      Senator the Hon Nigel Scullion, Minister for Indigenous Affairs, 'Next Step Towards Indigenous Constitutional Recognition', 28 March 2014. http://minister.indigenous.gov.au/media/2014-03-28/next-step-towards-indigenous-constitutional-recognition (accessed 23 June 2014).

Appendix 1

[1]        Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 2.

[2]        Prime Minister the Hon Tony Abbott MP, 'Australia Day 2014', Media release and speech, 26 January 2014, http://www.pm.gov.au/media/2014-01-26/australia-day-2014 (accessed 11 July 2014).

[3]        Prime Minister the Hon John Howard, 'A New Reconciliation', Sydney Institute, 11 October 2007.

[4]        Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 1.

[5]        Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. 1.

[6]        George Williams and David Hume, People Power: The History and Future of the Referendum in Australia, UNSW Press, 2010.

[7]        Aboriginal and Torres Strait Islander Recognition Act 2013 (Commonwealth), preamble.

[8]        Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012, Explanatory Memorandum, 28 November 2012, p. 4.

[9]        House of Representatives, Hansard, 27 November 2012, p. 13497.

[10]      Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Progress Report, June 2013, pp 1–2.

[11]      Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait, Islander Peoples, Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012, January 2013, p. 22.

[12]      Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Progress Report, June 2013, p. 1.

[13]      Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait, Islander Peoples, Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012, January 2013, pp 9, 12.

[14]      Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012, January 2013, p. 16.

[15]      Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012, January 2013, pp 9, 11, 22.

[16]      Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Progress Report, June 2013, p. 7.

[17]      Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Progress Report, June 2013, p. 28.

[18]      Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Progress Report, June 2013, p. 11.

[19]      Ibid, p. 5.

[20]      Ibid, p. 9.

[21]      Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of the Expert Panel, January 2012, p. xi.

[22]      Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Progress Report, June 2013, p. 7.

[23]      Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Progress Report, June 2013, pp 5, 7.

[24]      Changes to state constitutions generally require a bill to pass through both houses of Parliament (in Queensland, the single house).  Unlike at the Commonwealth level, there is no need for a referendum.

[25]      Department of Prime Minister and Cabinet, Act of recognition passes the Senate, 14 March 2013, http://www.indigenous.gov.au/act-of-recognition-passes-the-senate/ (accessed 11 July 2014).

[26]      Reconciliation Australia, About Us, http://www.reconciliation.org.au/home/about-us, (accessed 30 October 2013).

[27]      RECOGNISE, About RECOGNISE and Journey to Recognition, http://www.recognise.org.au/about and http://www.recognise.org.au/thejourney, (accessed 11 July 2014).

[28]      RECOGNISE, Journey to Recognition, http://www.recognise.org.au/thejourney, (accessed 11 July 2014).