Discussion paper response

Glenn Shaw
What is your full name?
Glenn Shaw
What is your postal code?
6151
Do you support recognising Aboriginal and Torres Strait Islander peoples by changing the Constitution or making some other kind of legal change?
Yes
What should the change look like?
It should be clear (not legally ambiguous) and provide a mechanism which provides legal effect/enforceability to any recognition in the Constitution. Symbolism or a minimalist change is of no use and would be voted against by Aboriginal and Torres Strait
Should we have a statement that acknowledges the First Peoples of Australia?
Yes. This should be in the Constitution.
Where is the best place to put it?
In the body of the Constitution
Do you have any other comments on a statement about the First Peoples of Australia?
It should not only recognize Aboriginal and Torres Strait Islander people but also give legal effect for the establishment of a treaty or treaties.
Should the word 'race' be taken out of the Constitution?
Yes
Should the Australian Parliament keep the power to make special laws for Aboriginal and Torres Strait Islander peoples?
Yes
Do you have any ideas on what new words could be used to describe that power, or where in the Constitution to put the power?
The current section 51(xxvi) should be amended to limit it's use for the benefit of a particular race.
Do you think that a guarantee against racial discrimination should go into the Constitution?
Yes
Should the guarantee protect all Australians against racial discrimination, or only Indigenous Australians?
All Australians
Do you think Indigenous people should have a say when Parliament and government make laws and policies about Indigenous affairs?
Yes
Should a new Indigenous group be set up under the Constitution to give advice and make sure Indigenous people have a voice in political decisions that affect them?
Yes
Is it worth creating the new group if it can only give advice and does not have the power to block new laws?
No
Do you have any ideas about what the new group would look like?
it needs to be broadly representative and elected by Aboriginal and Torres Strait Islander people and not appointed by Government.
Should we delete section 25?
Yes
Are you making a submission on behalf of a person (such as yourself) or organisation?
Individual