Legal Issues relating to the Aboriginal and Torres Strait Islander Voice

Legal Issues relating to the Aboriginal and Torres Strait Islander Voice

Date: Thursday, 9 March 2023

Time: 5.30 pm - 7.30 pm

Place: Allens, Deutsche Bank Place, conference room, level 28, 126 Phillip Street, Sydney and online

This is a free public event chaired by The Hon Justice Anna Mitchelmore

Speakers will be: 

The Hon Robert French AC  - Papers available:

1) Article for Australian

2) Exchanging Ideas Symposium 4 February

3) Gilbert Tobin Constitutional Law Conference

The Hon Tom Bathurst AC KC

Ruth Higgins SC - Paper can be accessed here

Issues to be addressed include:

•  Why amend the Constitution? What is the general effect of so doing?
•  What are the legal requirements for a referendum?
•  How many times is the Parliament involved in the process?
• Under the proposal, what are the words which would be added to the Constitution?
• Does the Parliament presently have power to enact those words without adding the proposed words to the Constitution?
• Does the amendment, if passed, ensure consultation?
• Does the amendment, if passed, ensure consultation on matters that directly affect Indigenous Australians?
•  Under the amendment, if passed, would the Parliament or the Executive Government be under a legal obligation to consult the Aboriginal and Torres Strait Islander Voice?
• Under the amendment, if passed, would the Parliament or the Executive Government be under a legal obligation to act on/give effect to a representation to it made by the Aboriginal and Torres Strait Islander Voice?
•  Does “matters relating to Aboriginal and Torres Strait Islander Peoples” mean matters which particularly specially affect such Peoples?
•  What would be the role of the courts? For example, would the courts have a role in deciding whether a matter was one relating to Aboriginal and Torres Strait Islander Peoples?
• Do the words “Aboriginal and also Torres Strait Islander Peoples” have a specific meaning or would it be for the courts to decide?