Discussion paper response

Joanne Spengeler
What is your full name?
Joanne Spengeler
What is your postal code?
None
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?
drafting a statement acknowledging Aboriginal and Torres Strait Islander peoples as the First Australians, and inserting it either in the Constitution or outside the Constitution, either as a preamble in a new head of power or in a statutory Declaration o
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 constitution and in a Statutory Declaration of Recognition
What should the statement say?
Recognising that the continent and its islands now known as Australia were first occupied by Aboriginal and Torres Strait Islander peoples; Acknowledging the continuing relationship of Aboriginal and Torres Strait Islander peoples with their traditional
Do you have any other comments on a statement about the First Peoples of Australia?
A statutory declaration enacted by all parliaments—federal, State and Territory—at the same time to create a national defining moment of reconciliation would not require a referendum.
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?
power to make laws with respect to ‘Aboriginal and Torres Strait Islander peoples. Locate the power outside section 51 with a preambular statement of acknowledgement.
Do you have any other comments on powers to make laws for Aboriginal and Torres Strait Islander peoples?
An Indigenous voice needs to be heard by Parliament, and the right to be consulted on legislation and policy that affect Aboriginal and Torres Strait Islander people
Do you think that a guarantee against racial discrimination should go into the Constitution?
Yes
Do you have any ideas about what words to use for that guarantee, or where in the Constitution to put it?
A non-discrimination clause could be inserted as: - a new section of the Constitution or - included as a limit inside the wording of a new or amended Commonwealth power to make laws for Aboriginal and Torres Strait Islander peoples. Either way it would n
Should the guarantee protect all Australians against racial discrimination, or only Indigenous Australians?
All Australians
If there is not enough support for a guarantee in the Constitution, what other things can we do to stop racial discrimination in national laws?
Include Federal Parliament in the Race Discrimination Act
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?
Yes
Do you have any ideas about what the new group would look like?
Establish an Indigenous body to advise Parliament on laws and policies with respect to Indigenous affairs so the views of First Peoples are heard by lawmakers and could help Parliament to enact better and more effective laws.
Do you have any other comments on this Indigenous group?
It is critical that Aboriginal and Torres Strait Islander peoples are engaged in the development and implementation of laws, policies and programs that affect them and their rights. This is important in achieving better policies and outcomes for Indigenou
Should we delete section 25?
Yes
What would we achieve by getting rid of section 25?
A more ethical and equitable Constitution that considers all people have a right to make a contribution
Is there any point in keeping it?
None - it is not acceptable that our Constitution still contemplates that a government would ban an Australian from voting on the basis of their race.
Are you making a submission on behalf of a person (such as yourself) or organisation?
Individual