Top legal advice debunks anti-voice campaign, says PM

April 21, 2023 04:49 AM EEST | By AAPNEWS
 Top legal advice debunks anti-voice campaign, says PM
Image source: AAPNEWS

Anthony Albanese says legal opinion released about the proposed Indigenous voice undermines key arguments against the body.

Attorney-General Mark Dreyfus released the Solicitor-General Stephen Donaghue's 24-page opinion on Friday, after previously refusing to publish it.

"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.

He dismissed concerns the voice would act as a so-called "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," Mr Donaghue said.

"The voice clearly has no power of veto."

The Prime Minister 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,"  Mr Albanese said on Friday.

"They are just determined to play politics with this."

Mr Donaghue rejected concerns 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 will not "fetter or impede the exercise of existing powers of the executive government", he said.

Co-chair of the Uluru Dialogue and constitutional law expert Megan Davis said the advice had shown the proposed wording was legally sound.

"The scaremongering about the scope of the voice and its legal impactions can now cease," professor Davis said.

"Questions about allowing the voice to make representations to the executive government have been answered by some of the highest constitutional legal officers in the country and backed up by advice from the solicitor-general."

Shadow attorney-general Michaelia Cash said the release of the opinion was a "cynical political tactic to confuse Australians".

"The failure to release all of the solicitor-general's advice in relation to this matter yet again highlights the lack of transparency of the Albanese government regarding their Canberra voice proposal," Senator Cash said.

The solicitor-general's comments were released as a submission to an inquiry into the voice referendum legislation.

The government plans to hold a referendum between October and December.

Asked if the advice would inform her personal view, Deputy Liberal Leader Sussan Ley said the opposition would discuss the opinion.

Liberal MP Julian Leeser, who quit the coalition frontbench to campaign in support of the voice, doubled down on the model he proposed in a press club speech last month.

"Much of the 24 pages of advice responds to arguments raised by the 'no' case in relation to executive government and making representations," he said.

The latest Roy Morgan survey revealed fewer than half of Australians back an Indigenous voice, with support falling to 46 per cent of voters since December.

Mr Albanese said despite the polling result, he remained confident the referendum would pass.


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