Discussion paper response

Shona Stewart
What is your full name?
Shona Stewart
What is your postal code?
3073
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?
The new Constitution should entrench Aboriginal rights into the constitution and should require the federal and state governments to consult with Aboriginal and Torres Strait Islander people prior to making any legislation that relate directly to them.
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?
Clause 3 - Proclamation of Commonwealth
What should the statement say?
The Constitutional statement should say; The Australian Government is committed to the recognition of Aboriginal and Torres Strait Islander peoples (First Peoples) in our Constitution. The Australian Government believes this is a significant step in th
Do you have any other comments on a statement about the First Peoples of Australia?
Remove Section 25 entirely - which recognises that the individual States can ban people from voting on the basis of their race. Delete Section 51(xxvi) which can be used to discriminate on the basis of race. Insert a new Section to recognise Aboriginal
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?
No
Do you have any other comments on powers to make laws for Aboriginal and Torres Strait Islander peoples?
It should be recommended that there is a guaranteed process for Aboriginal and Torres Strait Islander representation in the Australian government, by implementing an Aboriginal and Torres Strait Islander Parliament or 'House of First Peoples' or similar,
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?
The Australian Government should consider an insertion of a new governing peak body to make laws for the advancement of the Aboriginal and Torres Strait Islander people (First Peoples) of the Commonwealth of Australia. New amendments should include: 'to
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?
All States and Territories should make a Declaration on racial discrimination in the new law
Do you have any other comments on changing the Constitution to stop racial discrimination?
Treaties can be found in countries such as the US, Canada and New Zealand. Indeed, in nations such as Canada, new treaties are still being made. Australia is the exception to this. We are now the only Commonwealth nation that does not have a treaty with i
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?
An Aboriginal and Torres Strait Islander Parliament or 'House of First Peoples' or similar, with power to review or change any legislation directly affecting Aboriginal and Torres Strait Islander people
Do you have any other comments on this Indigenous group?
The Aboriginal and Torres Strait Islander representation should be made up of Elders and/or Respected Persons, who have been nominated by their community and its members. The governing peak body should have agreed processes in place to ensure adequate and
Should we delete section 25?
Yes
What would we achieve by getting rid of section 25?
Adequate and fair representation of all Australians, ensuring everyone is entitled to the same opportunities, advancement and personal development across all nationalities, races, religions, minority groups, sexes, beliefs and education.
Is there any point in keeping it?
NO
Do you have any other comments?
Treaties and other forms of agreements are accepted around the world as the means of reaching a settlement between indigenous peoples and those who have settled their lands. Treaties can be found in countries such as the US, Canada and New Zealand. Indeed
Are you making a submission on behalf of a person (such as yourself) or organisation?
Individual