Solicitor-General Stephen Donaghue has released a written legal opinion on the Voice to parliament, saying it poses no threat to Australia’s system of representative and responsible government.
The Commonwealth’s top legal adviser says the federal cabinet and public service would not be forced to consult with the Voice before making policy, in a legal opinion that counters concerns that enshrining the body in the Constitution will clog up the courts and hamstring governments.
Solicitor-General Stephen Donaghue says the Voice to parliament will “enhance” Australia’s system of government.But Solicitor-General Stephen Donaghue found the proposed wording of the amendment to enshrine the Voice in the Constitution posed no threat to Australia’s democratic system of government. “[Opposition Leader] Peter Dutton isn’t interested in bipartisan support,” Albanese said. “My prediction, my bold prediction, is that they will say now, there’s another test that has to be made, but they still won’t support it. They’ve made that clear.”Deputy Opposition Leader Sussan Ley called on Labor to release the Solicitor-General’s earlier advice to cabinet and said the government was still yet to explain how the Voice would work in practice.
The referendum, due to be held later this year, proposes to establish the Voice via inserting a new section 129 into a new Chapter IX of the Constitution. The contested second clause of the amendment states: “the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples.
He found that the power of the parliament in clause three of the amendment - to make laws with respect to the Voice including its composition, functions, powers and procedures - meant it could legislate to specify the extent to which the decision-makers are legally required to consider representations of the Voice.
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‘Not a threat’: Solicitor-General’s legal advice on Voice revealedThe Albanese government has released the long-awaited Solicitor-General's advice on the Voice to Parliament after critics claimed he had opposed part of the referendum’s wording.
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