Solicitor-general confirms Voice model is legally sound, will not 'fetter or impede' parliament
The federal government today released the long-awaited legal advice on the Voice to parliament from Australia’s solicitor-general, Stephen Donaghue.
- The federal government today released the long-awaited legal advice on the Voice to parliament from Australia’s solicitor-general, Stephen Donaghue.
- is not just compatible with the system of representative and responsible government prescribed by the Constitution, but an enhancement of that system.
The Voice to parliament
- This means that if an Aboriginal and Torres Strait Islander Voice is to be able to inform law and policy, it needs to speak to both the parliament and the executive.
- Section 129(2) provides that the Aboriginal and Torres Strait Islander Voice “may make representations” to the parliament and the executive government on matters relating to Aboriginal and Torres Strait Islander people.
- They argue ministers and public servants will need to give the Voice time and information to enable the Voice to make representations.
- Read more:
Why can't we just establish the Voice to Parliament through legislation?
Who is the solicitor-general?
The solicitor-general is Australia’s second highest-ranking law officer, after the attorney-general. However, while the attorney-general is a political position filled by a member of parliament, the solicitor-general is independent. Their job is to provide independent legal advice to the government and represent the Commonwealth in legal proceedings. The solicitor-general was asked to advise the government on two questions.
What does the advice say?
- First, the Voice does not alter the powers of parliament or government in any way.
- Section 129(2) also does not impose any obligation on parliament or the executive to consult with the Voice or follow its advice.
- It asked whether the parliament or executive would be required to consider or follow representations made by the Voice.
- This means parliament could enact a law to require ministers or public servants take the advice of the Voice into account when making decisions.
What happens next?
- It seeks to provide an opportunity for them to have their voices heard in the design and delivery of law and policy that affects them.
- Prime Minister Anthony Albanese has argued the solicitor-general’s advice “puts to bed” concerns raised by Dutton and others.