Voice committee recommends referendum bill passes Parliament without amendment

If passed, the legislation triggers the holding of a referendum later this year proposing that a Voice to Parliament be enshrined in the constitution. The proposed referendum question, contained in the bill, also formally recognises Aboriginal and Torres Strait Islander people as the First Peoples of Australia.

However, there has been political controversy over the proposed ability to lobby not only the Parliament, but also the executive branch of government.

The final report of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice, chaired by Labor Senator Nita Green, found the amendment was constitutionally sound, would not slow the operations of government, or give rise to a "legal quagmire" where courts would be overrun by cases.

The report had only one recommendation: for the constitutional alteration to pass unamended.

"Addressing executive government on the whole enables Aboriginal and Torres Strait Islander peoples to have a direct input into matters concerning them," the report said.

"This would enable them to work with the broader Australian Public Service to better influence and direct public policy initiatives."

READ MORE

Former High Court justices, constitutional experts and community leaders were among those who gave evidence during the five weeks of hearings into the proposed independent advisory body. There were 269 public submissions.

The Labor-dominated report found that the form of words contained in the bill gave effect to what was asked for in processes such as the Uluru Statement from the Heart and the final report to the Australian government on the Indigenous Voice Co-Design Process.

"The committee is thus satisfied that the bill is fit for purpose and meets the request expressed in the Uluru Statement from the Heart," the report said.

However the Liberal and Nationals minority members of the committee have issued dissenting reports, maintaining there is still risk from the proposal to entrench in the constitution the Voice's power to make representations to the executive.

"Evidence presented to the committee demonstrated that if the constitution is amended in accordance with the bill, there is a risk that government could become unworkable," the Liberal members' report states.

"No lawyer, no matter their status or how distinguished their career, can seriously guarantee which arguments the High Court will accept in the future."

The Nationals dissenting report found there was a "consensus", throughout the inquiry, on the lack of detail of the Voice to Parliament.

"During the course of the committee's hearings, witnesses for both the 'yes' and 'no' case agreed that there was a need for considerably more detail with respect to the design of the Voice to Parliament," the report said.

The Nationals report also complained about a "consistent lack of any reasonable diversity of opinion" amongst the witnesses selected to appear before the Committee.

The Albanese government has welcomed the final report and thanked the committee chair and members for their work.

"We look forward to the bill progressing through Parliament and Australians having their say on constitutional recognition through an Aboriginal and Torres Strait Islander Voice later this year," a statement from Minister for Indigenous Australians Linda Burney and Attorney-General Mark Dreyfus said.