Additional Comments from Australian Greens Members

1.1As a political party with a strong social justice pillar, The Australians Greens have an inclusive process in which all members can have a say in our policies. Our grassroots democratic process has led us to have a different order from voice, truth, treaty. The Australian Greens position is truth, treaty, voice, and we believe that progress can, and should, be made on all three elements of the Uluru Statement from the Heart at the same time.

1.2We welcome the inclusion of the preamble sentence as an important recognition of First People’s cultural ties to Country along with the inclusion of the Statement from the Heart into the Bill’s Explanatory Memorandum, containing as it does, multiple references to First Nations Sovereignty. We also note and welcome the advice of the Legal Working Group, the Attorney General’s Office and other prominent legal experts that this Bill and the subsequent referendum will not impact on the Sovereignty of First Nations people or their ability to engage in future Treaty negotiations. We are however disappointed that the final bill did not take the obvious extra step and refer to the First Nations of this country.

1.3We note that the Committee heard evidence from several witnesses regarding the Government’s proposed stand alone cultural heritage legislation that The Australian Greens would like to highlight;

Ms Galante spoke to this during the Perth hearing:

“I didn't feel that there was enough protection for our people locally under the legislation to protect their cultural heritage, and we weren't having much input from them or even management plans around protecting it. I know that from experience, and I don't think that has changed. This was before the Juukan Gorge incident, and I believe it's still current today.”[1]

1.4Noting that we do not have a model of what the Voice would look like and that is beyond the scope of this inquiry, the Australian Greens nonetheless reiterate the importance of the final model being both democratic and consulted with First Nations People before it’s adoption;

1.5We also note that the Committee heard evidence from several witnesses about the complimentary but different roles that the Voice and Land Councils and other First Nations bodies would play.

One witness, Mr Collard spoke to this saying:

“What we do great in Australia is inclusion. What we do great in Australia is diversity. What we don't do good in Australia is equity. What we need here is equity, and the 101s of governance and good structures are enabling”[2]

Another witness, Mayor Andrews said:

“My assumption is the model of a Voice would be complementary to existing structures. There are structures out there, some organisations or representative bodies, that have a mandate or opportunity for advice around policy and legislation. …. My assumption is the Voice would not duplicate the existing structures or framework out there in place. You've got many organisations out there representing their members and their membership. The Voice is around complementing existing structures that are out there.”[3]

Senator Dorinda CoxSenator for Western Australia

Footnotes

[1]Ms Kyra Galante, Committee Hansard, Friday 28th April 2023, page 26.

[2]Mr Joseph Collard, Committee Hansard, Friday 28th April 2023, page 4.

[3]Mayor Ross Andrews, Committee Hansard, Wednesday 19th April 2023, page 3.