Discussion paper response

Ian James Fraser
What is your full name?
Ian James Fraser
What is your postal code?
Do you support recognising Aboriginal and Torres Strait Islander peoples by changing the Constitution or making some other kind of legal change?
What should the change look like?
A statement recognizing Indigenous Australians as the first peoples of Australia, from whom the land was taken without them ceding possession by treaty or by any other form of agreement.
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?
Early in the Constitution, to set the scene for the powers contained in that document
What should the statement say?
Acknowledgement including absence of any agreement ceding land and power to the British; That the Indigenous Australians are by birthright, citizens of Australia; That the Constitution contains sections to ensure Indigenous rights despite their being only
Do you have any other comments on a statement about the First Peoples of Australia?
Should the word 'race' be taken out of the Constitution?
Should the Australian Parliament keep the power to make special laws for Aboriginal and Torres Strait Islander peoples?
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?
No, but the intent to ensure against negative discrimination by the Commonwealth, the States and Territories must be very clear. Special laws must be clearly restricted to the function of counter-balancing the Indigenous disadvantage of being a small min
Do you have any other comments on powers to make laws for Aboriginal and Torres Strait Islander peoples?
Do you think that a guarantee against racial discrimination should go into the Constitution?
Do you have any ideas about what words to use for that guarantee, or where in the Constitution to put it?
Perhaps a direct replacement of the current "Race power" section (within s51?) would be appropriate.
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?
Maintain the Racial Discrimination Act 1975, ensuring that it is amended as necessary to be applicable to new forms of racial discrimination that arise in the Australian population.
Do you have any other comments on changing the Constitution to stop racial discrimination?
Do you think Indigenous people should have a say when Parliament and government make laws and policies about Indigenous affairs?
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?
Is it worth creating the new group if it can only give advice and does not have the power to block new laws?
Do you have any ideas about what the new group would look like?
Available models include the earlier National Aboriginal Consultative Council, and similar bodies. These bodies were eventually discontinued because they were not protected by any Constitutional guarantee.
Do you have any other comments on this Indigenous group?
Continuing from immediately prior answer, Constitutional guarantee of such a consultative body is necessary to ensure it is not closed and deleted from legislative process. Such guarantee should also include some good faith requirement on Federal Parliame
Should we delete section 25?
What would we achieve by getting rid of section 25?
Removal of a section which clearly stalls Australia in the 19th century
Is there any point in keeping it?
Do you have any other comments?
Anything else I would comment would be of lesser value than my comments above.
Are you making a submission on behalf of a person (such as yourself) or organisation?