Labor wants to bring The Voice back from the dead after a majority of Australians outright rejected it in a national referendum.
It’s time to end everything that seeks to divide Australians on the basis of race and be One Nation, together.
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During this Senate Estimate session, I inquired about the amount the National Indigenous Australians Agency (NIAA) spent on the unsuccessful Voice Referendum. The figure was not available. I questioned whether that expenditure might have been more effectively used if directed straight to the communities and expressed concern about the efficacy of the spending.
I highlighted the substantial amounts spent on procurement, noting that Barbara Constructions received $613 million over an eight-year period, while Evolve FM was allocated nearly $497 million. Additionally, Price Waterhouse Coopers, disgraced consultants, received around $50 million.I asked for the total amount spent by the NIAA during that period, which was, of course, taken on notice. I also questioned why, despite billions being spent on NIAA programs, the gap was not being closed. It was reported that $9.5 billion had been spent on procurement.
I asked whether there was any consideration being given to providing funds directly to communities, bypassing agencies that are not delivering effective results, and offering communities greater autonomy. I did not receive a direct answer to this query.
Transcript
Senator ROBERTS: Thank you, Chair. How much money did the NIAA spend on the doomed voice referendum?
Dr Gordon: Good afternoon, Senator Roberts, I don’t have that exact figure with me, but we’ll be able to get that quickly this afternoon to you.
Senator ROBERTS: If not, I’ll put it on notice. What difference would that money have made if provided directly to local Aboriginal communities to spend on their decisions and actually make a difference?
Ms Guivarra: Senator, although we don’t have the figures with us, you may be aware from previous testimony at other hearings that the majority of the expenditure on the referendum was actually with the Australian Electoral Commission. NIAA received a very small proportion of funding for issues associated with the referendum working group meetings and a civics and awareness campaign. Really, as I said, it was a very small proportion of the overall expenditure on the referendum.
Senator ROBERTS: My concerns are not only with the amount of money spent but with the effectiveness of it. That’s why I asked the question about whether it would be better spent with the communities. Let’s continue. Looking at NIAA figures obtained through freedom of information—seeking moneys that NIAA spent—why are such large amounts provided to particular contractors? Barpa Construction Services has received almost $613 million.
Ms Guivarra: Senator, are you referring to overall expenditure under the Indigenous Advancement Strategy, not related to the referendum?
Senator ROBERTS: No, overall money that NIAA has spent. I think the previous man said something like 1,200 grants or 2,000 grants.
Mr Dexter: Senator, I think you might be referring to some information that was released under FOI to do with the Indigenous Procurement Policy over the last several months. The Indigenous Procurement Policy is a whole-of-Commonwealth policy that provides preferential procurement practices for registered Indigenous businesses. Barpa Construction did ring a bell with me as one of the businesses that were released as receiving a certain amount of money.
Senator ROBERTS: $613 million, I’m told.
Mr Dexter: I believe that was an amount that Barpa has received through the Indigenous Procurement Policy, which is not necessarily—in fact it’s Indigenous Advancement Strategy money. It’s a collection. The Indigenous Procurement Policy and the reporting under it is a collection of all of the contracts that organisation has received through the Indigenous Procurement Policy.
Senator ROBERTS: Do you know what they were paid for? If it’s outside your accountability, that’s fine.
Mr Dexter: No, Senator, I wouldn’t know. That that would need to be directed to the agency that engaged them.
Senator ROBERTS: What about Evolve FM Proprietary Limited, which received almost $497 million?
Mr Dexter: That would be in the same category, Senator. There were a number of FOI requests that were made recently which were asking for the aggregate amounts that Indigenous businesses had received through the Indigenous Procurement Policy over the life of the policy. The Indigenous Procurement Policy is a policy that’s been in place since 2015. It’s resulted in about $9.5 billion going to Indigenous businesses over that period of time. I think one of the questions that we got under the FOI was: ‘What are the top 100 businesses that have received money through that policy?’ Evolve and Barpa were both on that list.
Senator ROBERTS: What about PricewaterhouseCoopers, disgraced consultants, who’ve received almost $50 million?
Mr Dexter: I’d need to check, Senator, but I would hazard a guess that it was not PricewaterhouseCoopers itself but rather PwC’s Indigenous Consulting, which is a separate entity.
Senator ROBERTS: Could you check on both those items, please.
Mr Dexter: I’d be happy to take that on notice.
Senator ROBERTS: What was the total amount of NIAA money spent over the eight-year period to companies providing contract services?
Ms Guivarra: We’ll have to get some other colleagues up for that, Senator.
Ms Broun: Senator, could you repeat that question?
Senator ROBERTS: What was the total amount that NIAA spent over that eight-year period to companies providing contract services? That’s the eight years to January 2024. Ms Jackson: I don’t know if we’ve got the eight-year amounts with us. We’d have the last couple of years, which we can go into if you like, but otherwise we can take it on notice.
Senator ROBERTS: Take it on notice, thank you. Presumably it’s several millions of dollars or hundreds of millions of dollars. With that kind of money and other moneys being injected into Aboriginal wellbeing, why is the gap not being closed?
Ms Broun: Senator, clearly the evidence is that there are gaps in outcomes for First Nations people. Closing the Gap is designed and has been designed with our partners, particularly the Coalition of Peaks but all states and territories, to address those gaps. I’m a bit confused by your question in terms of ‘there’s some spending here, so that would have changed the outcomes over there’, because obviously there are different outcomes depending on different areas of government as well. I’d like to be a bit more specific about your question.
Senator ROBERTS: I’m concerned that there’s a huge amount of money being spent, and it’s going through agencies, but it’s not closing the gap. Why isn’t it closing the gap?
Ms Guivarra: Senator, the majority of your questions are related to what we’ve done under the Indigenous Procurement Policy. The original intention of the Indigenous Procurement Policy obviously was to support Indigenous businesses, because we know that in fact Indigenous businesses also have a higher employment rate for Indigenous people as well, First Nations people. As Mr Dexter has said, we’ve had a lot of success with that— over 65,000 contracts with a total value of $9.5 billion worth of business going to First Nations businesses as a result of that Indigenous Procurement Policy.
Ms Broun: You may be aware that in fact the assistant minister launched a review of the Indigenous Procurement Policy back in December. We opened up a consultation process for that review. It closed, I think, around March of this year. We’re going to take the learnings from all of that and see what further improvements we can make to continue what, I think, has been a success story just in relation to the generation of Indigenous business and creation of Indigenous employment.
CHAIR: Last question, Senator Roberts.
Senator ROBERTS: You’re telling me there’s been a review of money given to Indigenous businesses. What I would like to know is: is there a review being conducted, or any idea of a review to be conducted, on spending of all kinds? Could that money instead be going directly to the communities to develop accountability and autonomy? Communities are screaming out for autonomy.
Ms Guivarra: Senator, as I indicated, in fact this review and consultation was really to see how we can further strengthen the Indigenous Procurement Policy because, as I mentioned, it has been very successful in awarding business to First Nations businesses and creating employment opportunities for First Nations people.
Senator ROBERTS: Thank you. I acknowledged that and said: can you extend it to a review of all spending? And specifically can you send the money directly to the communities and bypass the agencies?
Ms Guivarra: The money associated with the Indigenous Procurement Policy is basically services contracted across all of government. Then it’s for each agency to decide whether they’re seeking to procure services from businesses, including First Nations businesses. The Indigenous Procurement Policy has a mandatory set-aside for First Nations businesses as part of that policy, which applies across government agencies. There has been interest in the community more broadly about what can be done to further to enhance that particular policy, and that’s the purpose of the review.
CHAIR: Last question, Senator Roberts.
Senator ROBERTS: Chair, I acknowledged that twice. But what I’d like to know is: is there any consideration being given to reviewing expenditure across NIAA, not just on procurement?
Ms Broun: Senator, obviously spending on Indigenous outcomes—and this is why we have cross-portfolio here—cuts across all of government to deliver outcomes in specific portfolio areas and specific policy areas. In NIAA we have the IAS, a large part of which has been employment services. Another part is ranger services. To your point, that goes particularly to communities on the ground, so it is focused on those sorts of things. Then there are a whole range of other programs that are supplementary to mainstream funding. But these are services that citizens are entitled to. It depends how you quantify the spending, but the different programs are there to deliver different outcomes for Indigenous people. We could go into the programs that are specifically designed with community and go directly to community, because there are a lot of those sorts of programs as well. They’re not all being delivered through departments, but on the ground as well.
Senator ROBERTS: Thank you. We’ll continue this in the future.
I raised some concerns — matters that I was asking about for the first time — with the Human Rights Commission on the topic of the Voice referendum. Commissioner Finlay of the Human Rights Commission made several statements criticising the Voice and raising potential human rights implications. You’ll see in this video that Professor Croucher is unwilling to revisit any line of questioning she has answered to other senators in previous estimates.
Despite Commissioner Finlay’s concerns being shared by the majority of Australians, who voted down the referendum, the Commission published a statement on 30th of March that rejected Commissioner Finlay’s human rights concerns. I’ve requested on notice all internal email correspondence in relation to drafting that statement and Commissioner Finlay’s remarks.
The Australian public expects true impartiality and independence of the Human Rights Commission. We haven’t seen this on COVID and now the Voice except for Commissioner Finlay.
Transcript
Senator ROBERTS: Yes. As the chair said, my questions are fairly short and straight to the point. What is the latest guidance from the commission on COVID vaccine mandates? Where was that published?
Ms Finlay: I would refer you to the answer we gave you in relation to this at the previous estimates. The advice remains the same in terms of the general human rights principles that we rely on in our approach to both vaccine mandates and all other restrictions that were imposed during the COVID-19 pandemic.
Senator ROBERTS: I must compliment you here and express my appreciation and admiration for your stand on being so clear on the Voice and on misinformation and disinformation. I also want to thank everyone for being here tonight so I could do that. Are you aware of the evidence from the Secretary of the Department of Health and Aged Care, Professor Brendan Murphy, at the previous estimates in regard to COVID mandates?
Ms Finlay: In a general sense.
Senator ROBERTS: On 1 June, Professor Brendan Murphy said: At this stage in the pandemic there is little justification for vaccine mandates. That is the most senior health bureaucrat in the country who said that. There doesn’t seem to be any updated guidance from the commission on vaccine mandates despite the fact they are still in effect at employers and are clearly a breach of human rights that’s not proportionate to any supposed benefit. Why haven’t you come out clearly on this issue?
Ms Finlay: I would answer that in two respects. The first is that the guidance in terms of the general human rights principles remains the same. We are not medical experts. I think we discussed that at the previous estimates. Our advice is based on those general human rights principles where in emergency situations governments can restrict human rights but those restrictions need to be proportionate, nondiscriminatory and targeted to risk. So the advice remains the same because of the general principles of international human rights law that we rely on in informing our views about these things and those don’t change.
Senator ROBERTS: So you as a commission essentially follow blindly? The Chief Medical Officer advised me in March 2021 that the severity of COVID was low to moderate, not severe. So it was not a crisis.
Ms Finlay: No, our advice doesn’t follow blindly. Again, I would refer back to the evidence we gave previously and note that, for example, the most recent TGA advice in relation to their vaccination safety report repeated the same advice that we discussed at the previous estimates in terms of the benefits of the vaccination outweighing the risks. It’s on the basis of that that the general principles of human rights law then apply.
Senator ROBERTS: I appreciate that you probably haven’t got any latitude to investigate, but the TGA told me at Senate estimates in February, I think, that they did not test the injections. They relied on the FDA in America, which did not test injections. It relied on Pfizer, which shut down the trial because of the horrendous results.
Ms Finlay: I can’t provide any information on that—
Senator ROBERTS: No, I wasn’t expecting that. I’m just—
Ms Finlay: but I would refer to the second aspect of the answer that I was meaning to get to, which is that we welcome the opportunity for these issues to be explored at the COVID-19 inquiry that’s been announced. Certainly we have made public comments in relation to that inquiry about the need to not only look at the economic and scientific impacts of advice that was given throughout the pandemic but at the human cost of the pandemic as well.
Senator ROBERTS: That’s refreshing to hear. Thank you.
PM Albanese has failed Australia. His failed Voice referendum cost the Australian Electoral Commission a hefty $450 million alone. That’s $100 million over budget.
Added to this, the official Yes campaign was bankrolled by major corporate interests including the Big4 banks, the 3 major supermarkets, Qantas, Wesfarmers, Rio Tinto and BHP. Many of these companies made donations in the millions when they have been laying off staff to cut costs. Their donations to the Yes camp show how out of touch they are with the Australians they provide goods and services to.
The PM has swiftly moved on from his failure to warn that Australia is heading for economic and financial trauma. This is not news to Australians. In fact, it was made abundantly clear during the Voice campaign that Australians were more worried about the cost of living and felt it was inappropriate to hold the referendum.
Why was dangerous virtue signalling the government’s top priority? Why? I’m saddened to be the one to break the answer to you: this government does not care about you.
Will the government listen to the people now? It’s committed to Net Zero by 2050 but may as well be committed to driving us all off a cliff.
Every other country that’s tried to force their power grid onto wind and solar has had their power prices go up by a proportionate amount. When plotted on a graph, it’s nearly a straight line heading upwards, and it’s all for nothing.
The hard data shows that Australians’ carbon dioxide production cannot affect the climate above natural variability. The lie that wind and solar are cheaper is easily debunked by the fact that with more wind, solar, batteries and hydro on the grid than ever in our history, power bills have never been higher. It’s all a crock designed to fill the pockets of parasitic billionaire wind and solar proponents, fraudulently taking subsidies and donating to people in this Senate who support wind and solar.
Australians have already paid billions in subsidies to these billionaire predators and pay again as their power bills skyrocket. Yet both Labor and the opposition are committed to the UN’s net zero by 2050. The cost-of-living crisis cannot end until we ditch the United Nations’ Net Zero agenda.
Transcript
The failed Albanese Voice referendum is the latest spit in the face Australians have had to cop from the government. At a time when bills are going up and bank accounts are going backwards, Australians are going to be furious when they hear how much Anthony Albanese’s Labor government just wasted on a referendum. All I can say is: brace yourself for the answer. Four hundred and fifty million dollars—that’s how much the Australian Electoral Commission is estimating last week’s referendum cost. If you woke up with a hangover after some celebrations on the weekend and were scared to check your bank account, spare a moment to think about the Australian Electoral Commission. If their estimates are correct, the AEC have blown their budget for the referendum by nearly $100 million. In the middle of a cost-of-living crisis, Anthony Albanese has blown $450 million, almost half a billion dollars, on his personal vanity project.
What did Australians get for this? Australians rightly rejected inserting racial division into the Constitution, with a thumping victory for the ‘no’ case. Not a single state reached a majority yes. Only the small Canberra territory, the bubble, recorded a ‘yes’ majority. The ‘yes’ side spewed divisive, racial, abusive rhetoric while claiming the high moral ground. The country is worse off for being put through this divisiveness, at a huge cost and for a proposal that should never have been put forward. Australia rightly asks: why is this Voice issue distracting government as mortgage payments skyrocket, grocery bills shock budgets and life continues to get tougher? Why was dangerous virtue signalling the government’s top priority? Why? I’m saddened to be the one to break the answer to you: this government does not care about you.
While I thank the Liberals for bringing on this matter of importance and allowing us to discuss it, they weren’t any better in government. Honestly, the Liberals put a wrecking ball through the economy and handed it over to the Labor government in one of the greatest hospital passes in political history, yet Labor doesn’t have a snowball’s chance in hell of navigating us out of this one. Neither the Liberal Party nor the Labor Party can fix the cost-of-living crisis because they’re both committed to the UN’s net zero pipedream that caused the cost-of-living crisis.
This government is committed to net zero by 2050. They may as well be committed to driving us all off a cliff. If we keep going down this path, the number of Australians who can pay their power bills will be next to zero.
Australia doesn’t have to do this by ourself and find out the hard way. We can learn from many other countries further down this pipedream path than we are. Every other country that’s tried to force their power grid onto wind and solar has had their power prices go up by a proportionate amount. When plotted on a graph, it’s nearly a straight line heading upwards, and it’s all for nothing.
The hard data shows that Australians’ carbon dioxide production cannot affect the climate above natural variability. The lie that wind and solar are cheaper is easily debunked by fact—this fact: with more wind, solar, batteries and hydro on the grid than ever in our history, power bills have never been higher. It’s all a crock designed to fill the pockets of parasitic billionaire wind and solar proponents, fraudulently taking subsidies and donating to people in this Senate who support wind and solar. Australians have already paid billions in subsidies to these billionaire predators and pay again as their power bills skyrocket. Yet Labor, the Liberals and even the fake farmer friends, the Nationals, are all committed to the UN’s net zero by 2050.
After all the talk about truth telling, here’s some cold hard truth: the cost-of-living crisis cannot end until we ditch the United Nations’ net zero plans. One Nation is the only party that accepts those facts and can deliver cheaper power bills for Australia, turn the coal fired power generators back on, cut all the subsidies with the parasitic wind and solar industry and just get back to common sense, hard data and truth.
On Saturday over 60% of Australians realised that the people are parliament’s masters, not their servants.
I spoke this morning on the Voice to Parliament, which saw 5 electorates with the largest Aboriginal population give the Voice a thrashing.
Australia voted NO to feelings-based governance and NO to elevating one group within our community over all others based only on skin colour.
Saturday’s result clearly shows Canberra no longer represents the values and beliefs of everyday Australians.
It’s time to dismantle the Canberra Aboriginal industry and deliver resources directly to those in need in the bush. It’s time to stop preventing rural Aboriginals from owning their own homes and running their own affairs.
I asked the Senate a simple question – who is better to run Aboriginal affairs: the Canberra Aboriginal industry, or local Government who are in the bush ready to build the roads, utilities and community facilities rural Aboriginals need so badly.
Transcript
Last Saturday was the day Australians said no — no to feelings based governance, no to elevating one group within our community over another based only on race, no to a Prime Minister whose chief skill is to cry on cue and no to spending more tax dollars than our taxpayers can afford. Australians are already struggling with a cost-of-living crisis as a result of shoddy governance from successive parliaments. People need to keep more of their own money, not less. On Saturday, Australians realised that the people are the parliament’s masters, not its servants. The irony is that the referendum did give Aboriginals a voice, and they used it. The five electorates with the largest Aboriginal population gave the Voice a thrashing. It was a result which clearly shows that Canberra no longer represents the values and beliefs of everyday Australians.
For those in this place who supported racism and apartheid—and you were the majority—now is the time to ask yourself, ‘What the hell was I thinking?’ How could you think it was okay to take a system that has failed Aboriginal people for 120 years and embed, enshrine and perpetuate that system in the Constitution? We don’t need to preserve a broken system that’s failed Aboriginals in the bush; we need to tear it down. It’s time to dismantle the Canberra Aboriginal industry and deliver resources directly to those in need in the bush. It’s time to stop preventing rural Aboriginals from owning their own homes and running their own affairs. It’s time for city grifters in comfortable offices thousands of kilometres from rural communities to stop keeping money meant for the bush—money that’s used to fund their own empires and line their own pockets. Enough money goes into the funnel to make things right. A drip comes out the bottom. It’s time to turn the damn funnel around.
Today is a new day for Australia’s Aboriginals. Let’s not waste the chance to ask ourselves this question: who’s best to run Australian Aboriginal affairs? Is it Canberra bureaucrats and the Aboriginal industry, or is it best run from local communities and councils right there in the bush, ready to get cracking on housing, roads, power and community facilities?
I will be joining Hon. Gary Johns and Dave Pellowe to share my views on why it is so important we vote no in the upcoming Voice Referendum.
Bookings are essential due to limited seating: https://www.trybooking.com/CKPJX
Wednesday, 27 September 2023
6 pm to 8 pm
Caboolture Sports Central
Cnr Hasking Street & Beerburrum Road
Caboolture QLD 4510
Join me with Anthony Dillon as we talk about his history and why he believes the Voice will not help Aboriginal and Torres Strait Islanders.
We’ve been hearing a lot about reconciliation and self-determination recently. On 20 June 2023, Senator Thorpe called for a treaty to end a “war declared on First Nations people 230 years ago” as a Matter of Urgency.
A treaty is a legal arrangement between parties, each authorised to represent their side. Treaties are a two-way street. In simple terms, treaties are agreements between nations. They’re used to end wars, land disputes and even establish new countries.
Senator Thorpe called for a treaty to address historic systematic injustices and remove systemic racism. How does she see this as a uniting process? It’s not reasonable nor logical to try to punish later generations for perceived historical injustices to the ancestors of Aboriginal people.
Without a doubt, injustices occurred on both sides during the opening up of inland Australia, as settlers pushed into the interior. Australia was not won as the spoils of a war, and there was never a united aboriginal nation to treaty with.
A treaty binding Australia with First Nations people is not viable. It is not based on law and is divisive. We need to unite as one country.
Transcript
Senator Thorpe is calling for a treaty as a matter of urgency. A treaty between which parties? Who would represent Aboriginal people? What would be in the treaty? Billions in compensation and reparations, perhaps? The white and black Aboriginal industry already receives billions of dollars in grants and projects. Even if a treaty had been considered in the early days of settlement, it could not have been completed as there was no representative Aboriginal leader. There was no means of establishing representation of widely distributed tribes of Aboriginal people across the vast continent of Australia. It was impossible. Some tribal groups were simply unknown to others. There was no universal legal system in place when Europeans settled Australia. A treaty is a legal arrangement between parties authorised to represent their side. Treaties are a two-way street. Each party would agree to do or refrain from doing certain things. The process is essentially contractual.
Senator Thorpe has indicated that a treaty should address historic systematic injustices. How does she see this as a uniting process? It’s not reasonable nor logical to try to punish later generations for perceived historical injustices to the ancestors of Aboriginal people. There’s no doubt that injustices occurred on both sides during the opening up of the inland as settlers pushed into the interior and developed Australia. Australia was not won as the spoils of a war.
Is this treaty to be part of the blak sovereignty agenda that Senator Thorpe has been pushing since leaving the Greens or is this part of the Greens’s globalist agenda? According to some reports, a treaty is stage 2 of a three-stage process linked to getting the Voice up and then the rewriting of Australian history from the radical socialist point of view. Most Aboriginals have never heard of blak sovereignty, and the concept of a treaty is only the language of the socialist far-left elite and academics pushing for the Voice.
Aboriginal people never formally united in exercising exclusive possession of the entirety of Australia and Aboriginal sovereignty cannot be ceded as it did not exist after 1788. The High Court held in Love v Commonwealth in 2020 that First Nations sovereignty did not persist after the British Crown’s assertion of sovereignty in 1788. This confirmed the decision made in Mabo No. 2 in the High Court.
Treaties in other countries were possible because the indigenous party was a united nation. That has never been the case for Aboriginals in Australia. A treaty binding Australia with First Nations people is not viable. It is not based on law. It is divisive. Instead, we need to unite as one country.
Here’s what’s emerging on Labor’s Voice: Labor sees it as essential for making a “treaty” to create a separate sovereign aboriginal state.
The 1-minute video shows that in pushing the failing Voice campaign, Anthony Albanese contradicts the claims he made in parliament before the election.
Law Professor Gabrielle Appleby* explains why an aboriginal body, the Voice, must come before making a Treaty “with aboriginals”.
She says, quote: “The sequencing of Voice, Treaty, Truth has been given significant thought. Voice precedes Treaty because fair, modern treaty negotiations require first the establishment of a representative Indigenous body to negotiate the rules of the game with the state. It can’t be left to the state alone, and the state must have a group of people with whom to negotiate.
In Victoria, this was achieved through a specific representative institution – the First Peoples Assembly.
Truth follows Voice and Treaty, because, as Torres Strait Islander political scientist Sana Nakata explains, Voice ensures Truth will matter more than just “continued performance of our rage and grief for a third century and longer”. Voice establishes the power for Treaty, and Treaty establishes the safekeeping of Truth.”
While, I’m not a lawyer, I can read a dictionary definition saying the word “treaty” means “a formally concluded and ratified agreement between states”.
Anthony Albanese is setting up to make the Voice as a body to “represent” the aboriginal industry and then make a separate sovereign entity.
Is this why he and the Labor machine including Minister Burney have been hiding the Voice details. Passing the Voice would end Australia as we know it and create another separate nation.
To create that separate nation and divide Australia, the terms and conditions would be negotiated between Albanese’s Voice and Albanese’s government. A power grab.
The result would surrender many controls and rights to the UN. As Labor-Liberals have done repeatedly since the UN was formed in 1944.
And especially since the Whitlam Labor government signed the UN Lima Declaration in 1975, that in 1976 the Fraser Liberal government ratified. That UN Declaration destroyed Australian manufacturing and sent it to China.
As Eddie, an aboriginal from the Northern Territory told me: He is opposed to the politicians’ Voice for two reasons:
1. He’s Australian, and
2. The Voice is racist.
At the Voice referendum, I’ll be joining with many aboriginals voting NO.
*Professor Gabrielle Appleby is a Professor at the Faculty of Law and Justice, UNSW Sydney. She researches and teaches in public law. She is the Director of The Judiciary Project at the Gilbert + Tobin Centre of Public Law, the constitutional consultant to the Clerk of the Australian House of Representatives and a member of the Indigenous Law Centre. In 2016-2017, she worked as a pro-bono constitutional adviser to the Regional Dialogues and the First Nations Constitutional Convention that led to the Uluru Statement from the Heart.
Martin Luther King’s dream was that his children would ‘not be judged by the colour of their skin but by the content of their character’. I share that dream.
Who would have thought we would be again fighting for such a basic concept nearly 60 years later.
Transcript
As a servant to the people of Queensland and Australia, I expressed my view about this legislation, the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023, and the brain-snapping folly that will occur if the Yes campaign wins the upcoming referendum. Martin Luther King’s dream was that his children would ‘not be judged by the colour of their skin but by the content of their character’. I share that dream. Although I doubt that he imagined we’d be discussing this same principle nearly 60 years later.
The Voice would result in constitutionally enshrining deferential treatment based on skin colour and heritage. I cannot endorse racism, and I will not do so. It’s difficult to discuss the ‘no’ case in relation to the Voice and its operations without being labelled racist. This has been Mr Albanese’s deliberate policy. He’s hoping to mislead voters into thinking this is a modest proposal, merely a goodwill gesture that needs very little thinking and should be supported because it’s simply good manners and will not change much or anything at all. He’s taken a leaf out of Sir Joh Bjelke-Petersen’s playbook. Mr Albanese is telling us, ‘Don’t you worry about that’—the details—’Just do as I say.’ Mr Albanese is telling a great mistruth.
The Voice, if established, will become a huge new institution with vast powers enshrined indefinitely into the Constitution based on race. It will change governance to Australia’s detriment. There’s no doubt that past governments failed to address Aboriginal and Torres Strait Islander people’s needs. This is despite billions of dollars successive governments have wasted lining the pockets of white and black bureaucrats, academics, activists, lawyers, consultants and all those whose incomes are based on the white and black Aboriginal gravy train siphoning off the money that rarely filters through to those who should benefit from assistance.
The government is already seeking mass endorsement of the ‘yes’ campaign. It’s calling in support from those already dependent on government funding. Sports organisations, the arts and big business are all dependent on government funding grants and contracts. They aren’t exactly independent but bribed. We’ll hear from more of those organisations in the lead up to the referendum.
While it’s interesting to look at the elites supporting the ‘yes’ case, we need to consider what real Aboriginal and Torres Strait Islander people want. I’ve travelled with my staff to Aboriginal communities in the Northern Territory and across Queensland. I’ve visited every Cape York community twice and in some cases three times—and to Torres Strait communities. I’ve listened to residents, and one thing that has struck me is the fact that there is little knowledge or even interest in this Voice. There is little interest or respect for the so-called Closing the Gap. A counsellor in the Torres Strait community of Badu summed it up accurately, saying that many in the Aboriginal industry do not want to close the gap; they want to perpetuate the gap to keep milking taxpayer funds.
There’s no common understanding as to what the Voice is or what it might offer residents in terms of improving people’s lives. Opinions differed from community to community. They differed from family group to family group. In fact, on most issues there’s little commonality of views. There’s no single Voice that could represent the differing views of each separate Aboriginal and islander community. I remain deeply concerned about the unworkability of what’s proposed.
Mr Albanese, when deflecting questions recently on how the Voice would work in practice, has constantly directed questioners to read the lengthy Calma and Langton final report on the Voice. It’s not a policy, merely recommended. The report says there’d be a need for 24 full-time roving commissioners and a secretariat. With 35 districts, there’s a need for local Aboriginal Voice to Parliament groups and committees. On each issue, these committees would seek to develop one opinion. There would be the likely risk of people in Tasmania giving their view on an issue for Torres Strait Islanders. The report did not say all representatives would be elected democratically. Retired High Court judge Ian Callinan has been vocal in opposing the Voice, questioning how it might not be truly representative of Aboriginal Australians and run the risk that the Voice might be made up of a hand-picked Canberra cadre. He noted practical difficulties with drafting the constitutional amendments that would need High Court interpretations. This Voice push is not from the grassroots; it’s coming from city elites, academics and others on the white and black Aboriginal industry gravy train. The Voice faces the real risk of a noisy minority of activist groups hijacking and driving it.
Across Australia are more than 3,000 Indigenous corporations and more than 12,700 registered charities with purposes including assisting Aboriginal Australians. Since 2018 more than 19,000 grants have been made, totalling more than $11.5 billion for Aboriginal purposes. All of this money has been directed towards the needs of a group representing less than four per cent of Australia’s population. For example, Noel Pearson’s Cape York Institute collected more than $50 million. He supports the Voice. The recent budget included $781 million for the National Indigenous Australians Agency, to be added to an already announced expenditure of $1.36 billion. Look around the communities. Where has this jaw-dropping amount of money gone? What has it done to lift the lives of remote Aboriginal and Torres Strait Islander people? Previously, I raised in this Senate the sorry plight of Aboriginal people on Mornington Island, Australia’s third world disgrace. Has their life benefited from the jaw-dropping amount of wasted money? Clearly, no.
A core issue for me is there is the historic suppression of Aboriginal Australians under governments that continue to patronise and reinforce a victim mentality through misplaced paternalistic care, so-called care—control masquerading as care. This remains a national disgrace. The solution is not creating a powerful unaccountable body to satisfy a small group of activists with vested interests in maintaining an ever growing white and black Aboriginal industry.
There is not one word from the government on the cost of setting up the Voice. There is not one word from the government on the proposed annual costs. Why is this so, asked a famous and much loved and admired TV scientist. The Prime Minister does not want us to know the answer, as it would be a figure so large that no-one in their right mind would agree to such expenditure for yet another new bureaucracy, when many Australians are already wondering if they can afford to put a meal on the table for their family. Billions are already being spent. Billions more will be spent to run the Voice. Whoops, don’t tell the voters! A previous body created to assist and represent Aboriginal and Torres Strait Islanders’ needs was ATSIC, the Aboriginal and Torres Strait Islander Commission—and look how that experiment went. ATSIC’s abuse of Aboriginals and the related corrupt waste of taxpayer money led to ATSIC being abolished. It would be almost impossible to abolish the new version of ATSIC, which is the Voice, enshrined in the Constitution—how handy for the corrupt white and black Aboriginal industry, as the Voice, like ATSIC, would be a never-ending cash cow for those in the know, perpetuating bureaucrats, agency heads and board members living off taxpayer funds—parasites.
Let’s not forget the bloodsucking white and black lawyers, activists and academics, who are dipping their snouts in a new public funds trough. Is the Voice really necessary? Is it needed? The government says it’s needed to give Aboriginal and Torres Strait Islander people an opportunity for input into government. Currently there are already 11 members of parliament of Aboriginal heritage. Are they not doing the job of raising issues on behalf of Aboriginal Australians? If not, what sort of job are they doing? What about the National Indigenous Australians Agency? Isn’t its job to highlight to government areas of need? Will the Voice replace this body? The Prime Minister suggested that governance of the Voice would come under the jurisdiction of the future National Anti-Corruption Commission. This has been challenged. Retired senior judge Anthony Whealy said that further legislation would be required to extend the commission’s jurisdiction to cover the Voice, as it would not be covered under the current legislation setting up the National Anti-Corruption Commission.
This brings us to the issue of jurisdiction. The High Court would decide disputes about the Voice, because it would be created under an entirely new ninth chapter of the Constitution. The High Court is the only body having the role to interpret the Constitution—a whole ninth chapter added to the current eight chapters, with details in wording hidden. The High Court schedule could fill up rapidly with cases of this nature and slow down the judicial process. The Voice would be able to make representations to parliament and to the executive on matters relating to Aboriginals and Torres Strait Islanders. That’s almost everything. There’s little restriction on the sorts of issues that the Voice could raise, and the advisory role is not only to parliament; it’s to the executive government. That means that the potential for excessive involvement of the court system may necessitate expanding the High Court to consider Voice disputes and interpretation.
This leads to another criticism of the proposed Voice. At what stage can the Voice advise the parliament or the executive? Must the government consult with the Voice on all proposed legislation or the development of policy? Is the onus on the Voice to make representations about an issue with the government or the executive? The Aboriginal industry says it is to advise both. The Prime Minister has been unwilling to answer any of these vital questions. Will activists rely on the Voice to slow down government processes to the extent of blocking legislation and holding the government to legal ransom unless demands are met? That seems to be the activists’ intent. The Prime Minister’s comments that the Voice would be subject to the parliament are clearly wrong. Any law that was designed to rein back Voice activities may fail, as the power of the Voice is so broad that it is nigh impossible to minimise such power.
Any law that is passed related to the Voice must be subject to the Constitution. Surely that is a recipe for confusion and parliamentary disaster. The Voice does not practically solve any of the current issues facing remote Aboriginals or Torres Strait Islanders. These problems of people living in remote areas, Aboriginal or not, are already well known, yet solutions have not yet been offered. Allocation of vast sums of money, resources and programs have not worked. We’ve been told that the Voice is proposed to be advisory only, with no power to provide programs, resources or grants. How is that supposed to assist Aboriginals in need? The concept of native title was supposed to support Aboriginal Australians yet has failed miserably. Aboriginals living in a community are not able to own their own homes, are locked into rent cycles and unable to borrow to advance themselves, because they cannot use land under native title as security for a business or home loan or other loan. They’re locked into a system that keeps them from improving their lives and livelihoods or working towards buying their own home.
Native title freezes Aboriginal people out of the economy and keeps them from advancing personally. No-one should be surprised that the native title legislation’s preamble is littered with references to the Voice’s roots, the globalist United Nations. The Voice will further entrench Aboriginal disadvantage, promote victim mentality and sow further division.
One of the nastiest sides of this debate has been the coercive approach that ‘yes’ campaigners have taken, pitching any opposition to the ‘yes’ campaign as racist. Even within the Aboriginal community, where there are clear differences of levels of support, derogatory name calling and put-downs are the response from ‘yes’ campaign leaders such as Noel Pearson. He has derided Senator Nampijinpa Price and other leaders taking a strong ‘no’ stance. It’s interesting that in rural areas, where Aboriginals are most in need, the ‘no’ vote is way out front—much higher than the ‘yes’ vote. Aboriginals see little value for them in the ‘yes’ campaign. The ‘yes’ campaign support is in fact falling and remains strongest in cities, with support from the wealthy and the elites who have fallen for the cheap rhetoric of lies from government and lies from elite academia. Sadly, young people are being sold a pup, third hand, through a deceitful government media blitz providing huge sums to others to run a deceitful ‘yes’ campaign on behalf of the government.
What I dislike most of all is the fundamental flaw in this government’s whole referendum push, and that is the out-and-out racism underpinning the whole Voice concept. It is the insertion of a whole new chapter into our Constitution, as the Australian Human Rights Commissioner, Ms Lorraine Finlay, recently highlighted by saying:
It inserts race into the Australian Constitution in a way that undermines the foundational human rights principles of equality and non-discrimination …
The proposed Voice will give Aboriginal people special rights. Only the members of the Voice will have a constitutional right to influence the parliament and the executive. No other Australian person or body would have that constitutional right to influence the parliament or executive based on race—not one. This is pure racism. If one goal of the Voice is to create harmony and reconciliation, this is doomed to failure, irrespective of the referendum outcome. This issue is so divisive that, whatever the result, a wedge will have been driven between Aboriginal and non-Aboriginal members of our Australian society, a wedge based on race, thanks to the Labor government. Australians should all have the same rights. If this referendum succeeds, that will not be the case in Australia, because one group, Aboriginal Australians, will have additional constitutional rights that other Australians will not have. That is racist and it is wrong.
We all share two identities. We are all human and we are all Australians. Our nation is the world’s only nation whose people voted for the national Constitution. Our Commonwealth Constitution is the people’s Constitution. Giving the government’s dishonest proposal an open slate—a blank slate—for changes made by politicians will degrade it to a politician’s Constitution. We have had enough of politicians in this country. In answering a question last week, the Prime Minister acknowledged the public has turned against the Voice. He then confirmed that if the people reject his racist Voice proposal he will legislate it. He will defy the will of the people.
Lastly, what is the point of a voice when the problem is not Australians speaking up; the problem is politicians not listening. It is the arrogance, the deceit, the unwillingness to listen. I will vote no.
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