Australia’s second law officer has backed the government’s wording for the Indigenous Voice, advising it “enhances the system” and won’t “pose any threat” to the nation’s parliamentary democracy.
Solicitor-General Stephen Donaghue’s 24-page opinion was released on Friday, after repeated calls from the opposition.
“The proposed amendment is not only compatible with the system of representative and responsible government established under the constitution, but it enhances that system,” Mr Donaghue wrote.
Mr Donaghue dismissed concerns the Voice would act as a “third chamber,” supporting the primacy of parliament.
“The Voice would not form part of either the parliament or the executive government, instead operating only as an advisory body to those two branches of government,” he said.
“The Voice clearly has no power of veto.”
Prime Minister Anthony Albanese said the advice was “very clear and unequivocal”.
“This puts to bed the absolute nonsense of Peter Dutton and Barnaby Joyce … that they’ve carried on with, saying that somehow recognising Aboriginal and Torres Strait Islander people in our constitution will lead to Anzac Day being abolished, it is complete nonsense,” he said on Friday.
“They are just determined to play politics with this.”
Mr Donaghue rejected concerns that empowering the Voice to make representations to the executive government would “clog up the courts”.
“[It] ignores the reality that litigation concerning the validity of decisions of the executive government is already very common, and that it does not have either of those consequences.”
The Voice’s function of making representations would not “fetter or impede the exercise of existing powers of the executive government”, he said.
Deputy opposition leader Sussan Ley said the Coalition would discuss the advice and its implications.
“Of course the Solicitor General ‘s advice is important. Legal advice is always important and always varies,” she said.
“There have been many different opinions, which is why it is so important that the government answers the questions that Australians are asking about how their model, because it is the government model. It is Mr Albanese’s model of the Vice that will apparently roll out six months after the referendum with no detail on no questions answered.”
Liberal frontbencher Simon Birmingham said that only specific advice had been released, rather than what was received during the drafting of the question.
“It would be, I think, helpful to the whole debate for the full solicitor-general advice to be provided, not just one specifically designed for public release,” he said.
“In considering the totality of that advice, it’s important for the question to be answered: Is this the best form of wording, or was there a better way, and the government chose for whatever reasons through its processes with the working groups not to pursue it?”
Nationals MP Keith Pitt said the advice would not influence his opinion that all Australians should be treated equally and the referendum should be voted down.
He said there was still a risk of decisions being taken to court.
“I’ve seen other [legal] advice, which is different. This is always the case until it is tested,” he told Sky News.
Mr Donaghue’s comments were released as a submission to an inquiry into the Voice referendum legislation.
The government plans to put the Voice to a referendum later this year, between October and December.
Meanwhile, fewer than half of Australians back an Indigenous voice, polling has revealed.
According to a Roy Morgan survey, support has fallen to 46 per cent of Australians since December.
Mr Albanese said despite the polling result, he remained confident the referendum would pass.
The “no” vote had risen to 39 per cent, up by nine points, while the rate of undecided people dropped two points to 15 per cent.
Victoria is the only state in the country with a majority backing the proposal, with 52 per cent of voters in favour.
Roy Morgan chief executive Michele Levine said the ‘yes’ vote had lost support in recent months.
“The striking change since December is the politicisation of the issue,” she said.
– with AAP
