Friday, 28 July 2023
Statement on the Voice to Parliament
ACT Law Society Council Statement on the Voice to Parliament
The ACT Law Society Council (Council) accepts the invitation of the Uluru Statement from the Heart, which includes the call for the constitutionally enshrined Aboriginal and Torres Strait Islander Voice to Parliament.
“The ACT Law Society Council, comprising elected members of the ACT legal profession, considers that there is a fundamental injustice in our Constitution, in its failure to recognise Aboriginal and Torres Strait Islander peoples as the First Peoples on these lands,” said ACT Law Society President Farzana Choudhury.
The Council acknowledges that members have diverse views about the referendum and will need to arrive at their own decision on the issue.
“In the leadup to the Voice Referendum, it is timely for legal professionals, in particular, to consider the legacy of our shared history. This includes the impact of laws and policies that have disproportionately affected Aboriginal and Torres Strait Islander communities," said the ACT Law Society President Farzana Choudhury.
Support for the Voice to Parliament is consistent with the ACT Law Society’s role in advocating for good law. The Council supports this position on the basis that:
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It recognises Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia in the Constitution.
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The proposed change seeks to provide a practical and proactive mechanism that will acknowledge and give power to Aboriginal and Torres Strait Islander communities in relation to advising the Australian Parliament and Government on matters that affect the lives of Aboriginal and Torres Strait Islander peoples.
The ACT Law Society is a constituent body of the Law Council of Australia, which has supported a constitutionally enshrined Voice since a decision of its Directors in October 2017. After considering the wording of the proposed constitutional amendment which passed through the Senate on 19 June 2023, member input, and years of First Nations-led activism in support of the Uluru Statement from the Heart, the ACT Law Society Council affirms its support for the Law Council of Australia position on the Voice.
The Council notes that the proposed alteration has been considered by expert panels and eminent legal experts, including Aboriginal and Torres Strait Islander communities.
The ACT Law Society will continue to share information and resources, to assist our members to form their own views on the upcoming referendum.
We encourage members to engage in respectful discussion on the Voice among colleagues and the wider community.
“It is a matter for each of us to form our own views on the proposed Aboriginal and Torres Strait Islander Voice to Parliament. I encourage everyone to consider the significance of a Voice for Aboriginal and Torres Strait Islander communities and what it hopes to achieve," said the ACT Law Society President Farzana Choudhury.