Law Society resolves to support Federal Voice to Parliament
On 16 August 2023, the Council of the Law Society of South Australia resolved that the Society should formally support the proposed law to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.
The proposed Voice to Parliament is legally sound, constitutionally compatible, and aligned with the principles of representative and responsible government.
The proposed Voice to Parliament is a powerful means of empowering Aboriginal and Torres Strait Islander peoples to be heard in relation to the development and implementation of policies that affect them, including in respect of the interaction of First Nations Peoples with the legal system. This aligns with the Society’s long-held position that the disproportionate adverse impact that Australia’s legal system has on First Nations People should be addressed by engaging in genuine, meaningful, and consistent consultation with First Nations People.
President of the Society, James Marsh, said:
“This reform needs careful consideration. People have different views and they hold those views deeply. But it is also a crucial issue about enhancing the rule of law in Australia and addressing the chronic disadvantage of First Nations People.”
“I am proud of how our Society – the staff, the Members, our Past Presidents, the Working Group, the Executive and the Council - have discussed this issue thoroughly over the last four months.”
“Despite diverse views held by Members– supportive, opposing, and neutral – the discussion has been respectful and civilised, without disinformation. I hope that the continuing public debate will assume similar character.”
The decision follows extensive consultation with Members of the Society by a Working Group established by the Society’s Executive on 17 April 2023. The Working Group published a discussion paper to Members on 7 June 2023 which considered submissions from Members and after which further submissions from Members were received. The final report of the Working Group was delivered to the Society’s Executive on 25 June 2023. The Working Group expressed the view that the Society should support the proposed Constitutional alteration and the existing State First Nations Voice Act 2023. On 27 June 2023, the Executive resolved to conduct a vote of Members. The vote was conducted between 1 and 15 August 2023. Of the Members who voted, a majority favoured the Society adopting a position of support for the Constitutional amendment. The Council met on 16 August 2023 and resolved that the Society should formally support the proposed law to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.