What’s Happened

 

A curated reading list of developments, including notable events, articles and webinars, in Indigenous Constitutional Law, and in the campaign relating to reforms contained in the Uluru Statement from the Heart: Voice Treaty, Truth. This list is updated in the first week of every month. If you have a development that we have missed, please email us and we will endeavour to include it in our next update.

 

Sept.
2022

September 7
Professors Gabrielle Appleby and Lisa Hill write for The Guardian about the danger of misinformation and scare campaigns in a constitutional referendum, and what can be done to counter this.  

September 7
362,000 hectares of land in Cape York Peninsula is returned to the Traditional Owners of the Gudang/ Yadhaykenu, Atambaya and Angkamuthi (Seven Rivers) peoples.

September 7
The High Court of Australia held in Garlett v. Western Australia that indefinite detention for 'serious offenders' is constitutional. Mr Garlett, a Noongar man, was deemed a serious offender under the legislation based on a conviction and three and a half year sentence, his first offence as an adult. Concerns have been expressed that the legislation disproportionality affects First Nations people.

September 8
The Minster for Indigenous Australians Linda Burney announces a working on the First Nations Voice, to consider the referendum's timing, question and information on the Voice to Parliament.

September 15
The Indigenous Law Centre, the Law Council of Australia and the Australian Association of Constitutional Law commenced a series of consultations across Australia with eminent legal professionals with expertise in constitutional and public law and Indigenous issues, to consider the draft constitutional amendment and referendum question proposed by the Prime Minister.

These workshops were informed by a series of Issues Papers released by the Indigenous Law Centre.

 

August
2022

August 30
Dale Agius, South Australia's Commissioner for First Nations Voice, started a series of visits to South Australian Aboriginal communities to hear from community on what achieving an enshrined Voice might look like. Consultation sessions will be held over August and September.

August 16
Julian R Murphy and Shireen Morris write for AUSPUBLAW on the underlying motivation of the federal government’s decision not to pursue the appeal in Montgomery.

August 16
The Queensland Palaszczuk Government launches the start of the formal Path to Treaty

August 16
Victorian Parliament passes landmark legislation to create First Nations treaty authority, to act as an independent umpire to oversee the treaty negotiations.

 

July
2022

July 31
The Attorney-General drops the appeal to the High Court in the case of Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor v Montgomery. The case involved a challenge to the decision in Love that Aboriginal Australians cannot be classified as “aliens” under s51 (xix) of the Constitution. Montgomery is recognised by elders as a Mununjali man. However, New Zealand-born Shayne Montgomery was incarcerated, and following his release he was taken into immigration detention. The Attorney-General Mark Dreyfus dropped the case that was brought by the former government, with the High Court granting leave to the Albanese government to withdraw the case.

July 30
The Prime Minister Anthony Albanese addresses the Garma Festival, and in his speech sets out a draft constitutional amendment and referendum question.

July 29
Victoria Government introduced the Treaty Authority and Other Treaty Elements Bill 2022 (Treaty Authority Bill) was introduced in the Victorian Parliament. The Bill established the ‘Treat Authority’ as an ‘independent umpire’ to mediate negotiation between the Government and First Nations in Victoria. 

July 23
Professor Gabrielle Appleby writes for the Sydney Morning Herald that the Government should release detailed principles that would guide the design of a Voice in the event of a successful referendum, together with a timeline for implementation.

July 4
The Government of South Australia announces the next steps for implementing the Uluru Statement in South Australia, with Dale Agius, South Australia’s Commissioner for First Nation Voice, to lead the Government’s consultation with Aboriginal groups and lay the foundations for state-based implementation of the Uluru Statement from the Heart.

 

June
2022

June 29
Treaty Process Update – Northern Territory
The Northern Territory treaty commission – Final Report – handed down.
more information from the NT treaty commission is available here.

June 2  
Linda Burney (Wiradjuri) was sworn in as the Minister for Indigenous Australians, Senator Malarndirri McCarthy (Yanyuwa Garrwa) was sworn in as the Assistant Minister for Indigenous Australians and Assistant Minister for Indigenous Health, and Senator Patrick Dodson (Yawuru) to serve as Special Envoy for Reconciliation and the Implementation of the Uluru Statement from the Heart.

 

May
2022

May 26 
On the five year anniversary of the Uluru Statement from the Heart, Professor Megan Davis wrote on AUSPUBLAW of the responsibility of lawyers in constitutional law reform.

May 22 
Anthony Albanese accepts his election as the next Prime Minister, and in his victory speech opens with a commitment to the Uluru Statement from the Heart.

 

Feb
2022

February 25
Eddie Synot writes for NIT
Key Uluru Statement point missed in voice to parliament debate

February 21
Calla Wahlquist writes for The Guardian
Australians urged to make Uluru Statement from the Heart an election issue

February 16
Megan Davis presents the 2022 Geoffrey Sawer Lecture:
Modern Australian Federalism and the Uluṟu Statement

February 14
Megan Davis appears on Black Magic Woman Podcast

February 11
Harry Hobbs & Benjamin T. Jones write for The Conversation
Non-Indigenous Australians shouldn’t fear a First Nations Voice to Parliament

Ben Wyatt writes for The Weekend Australian
Uluru Statement is not just right, it is inevitable

 

Jan
2022

January 26
Megan Davis writes for The Courier Mail
Australia Day date change would not solve the biggest issue

January 25
Megan Davis on UNSW Newsroom’s 10 Minute Genius
The power of Voice

January 21
James Blackwell writes for The Canberra Times
Renewed push for republic distracts from real constitutional issues

January 20
Shireen Morris writes for The Sydney Morning Herald
Push for a republic puts Indigenous Voice in the shadows

January 20
Dominic O'Sullivan writes for The Conversation
Voice to Parliament design report still doesn’t meet international human rights standards

January 6
Roshena Campbell writes for the Sydney Morning Herald
Australia Day set to be a key challenge of Indigenous Voices system

January 5
Hannah McGlade writes for the Sydney Morning Herald
Fire at Old Parliament House served no purpose and gained no respect

 

Dec
2021

Megan Davis writes for The Monthly
The truth about truth-telling 

Mark McKenna writes for The Monthly
The Stunted Country 

December 22
James Blackwell writes for The Canberra Times
A Successful referendum on a Voice would be a Christmas gift to all

December 19
Editorial in The Sydney Morning Herald
Voice to Parliament needs to be enshrined in constitution

December 17
Indigenous Voice Co-design Process Final Report to the Australian Government is released

December 15
Megan Davis & Ron Levy on ABC Radio National’s Life Matters 
The prospects for constitutional change and implementing an Indigenous Voice to Parliament

December 13
Hannah McGlade writes for The Conversation
WA's new Aboriginal Heritage Act keeps mining interests ahead of the culture and wishes of Traditional Owners

December 19
Ron Levy writes for The Bulletin
Our research shows public support for a First Nations Voice is not only high, it's deeply entrenched

December 1
Uluru Dialogue Wrap-Up Webinar 2021
Hosted by The Indigenous Law Centre UNSW, In partnership with the Uluru Dialogue.
Featuring Megan Davis, Hannah McGlade, Sana Nakata and Dani Larkin

 

Nov
2021

Mission: Essays, Speeches & Ideas, by Noel Pearson,
published by Black Inc
An edited extract was published in The Monthly

November 29
Tom Calma, Megan Davis & Hannah McGlade on ABC Radio National’s Breakfast
The future of Constitutional Recognition

November 25
Pathway to Truth-Telling and Treaty - Report to Tasmanian Premier Peter Gutwein is tabled

 

Oct
2021

October 23
Paul Sakkal and Jack Latimore write for The Age
A ‘Black Parliament’? Victorian government discusses Indigenous voice

October 9
The Age begins Yoo-rrook - A Time for Truth, an ongoing truth-telling series in line with the beginning of the Yoo-rrook Justice Commission inquiries.

 

Sept
2021

September 20
Andrew Bragg writes for The Australian
Indigenous reforms today make us better tomorrow 

September 15
Georgie Moore writes in The Canberra Times
Call for body to drive constitution reform

September 5
Megan Davis, Pat Anderson & Thomas Mayor present at Antidote 2021
Voice, Treaty, Truth: Indigenous rights and structural change
(video)

September 3
Eddie Synot appears on Rules to Reality Podcast
Voice Treaty Truth, with Eddie Synot

 

August
2021

August 31
Allira Davis and Bridget Cama write for NIT
Voice a lost cause if not in Constitution

August 28
Megan Davis writes for NIT and The West Australian
This is Why Its Time

August 12
Eddie Synot writes for The Conversation
Why delaying legislation on a Voice to parliament is welcome — it allows more time to get things right

August 5
The Stolen Generation Redress Scheme is announced - for living Stolen Generations members who were removed as children from their families in the Northern Territory and the Australian Capital Territory prior to their respective self-government and the Jervis Bay Territory.

August 2
The Uluru Statement From The Heart in Your Language Podcast
is updated to include 22 Australian Indigenous languages.

 

July
2021

 July 22
James Blackwell writes for The Canberra Times
A legislated First Nations Voice will lack the credibility it greatly needs

July 19
George Williams writes for The Australian
Referendum rules need reform before we vote on a voice

July 17
Dani Larkin and Sophie Rigney write in The Alternative Law Journal
State and territory legislative vulnerabilities and why an Indigenous Voice must be constitutionally enshrine

July 14
Megan Davis on ABC Radio National’s Conversations
Megan Davis: the road to the Uluru Statement from the Heart

July 13
The Queensland State Archives appoints its inaugural First Nations Archives Advisor.

NAIDOC Week: July 4-11
Megan Davis delivers the UNSW NAIDOC Week Address
Heal Country, heal the nation

In partnership with the Uluru Dialogue, The Indigenous Law Centre UNSW hosted a NAIDOC webinar series

NAIDOC 2021 Webinar One: Expert Analysis of Indigenous Voice Co-design: What did the public say?
Professor Gabrielle Appleby, Emma Buxton-Namisnyk and Dr Dani Larkin, the authors of the Indigenous Law Centre's report on the Indigenous Voice Co-design Process walk us through their findings, including the overwhelming support for the constitutional enshrinement of a Voice to Parliament.

NAIDOC 2021 Webinar Two: Youth perspectives on ‘Heal Country!’ and the Uluru Statement
Bridget Cama, Allira Davis & Jason O'Neil, Three young First Nations people discuss the 2021 NAIDOC theme 'Heal Country!' and how structural reform - as expressed in the Uluru Statement from the Heart - is needed to truly protect and recognise Country.

NAIDOC 2021 Webinar Three: Why does truth come third?
Panellists Professor Megan Davis, Professor Kate Fullagar, Professor Mark McKenna, and Eddie Synot explore the role of history and truth in the Uluru Statement from the Heart. Chaired by Professor Gabrielle Appleby.

July 8
Gabrielle Appleby, Emma Buxton Namisnyk and Dani Larkin write for The Sydney Morning Herald
We won’t settle for a muted Voice, minister

July 6
Gabrielle Appleby, Emma Buxton Namisnyk and Dani Larkin write for The Conversation
What did the public say about the government’s Indigenous Voice co-design process?

July 1
Amy Dale writes for The Law Society Journal
From the Heart: Enshrining constitutional recognition

 

June 2021

Treaty-making 250 Years Later, by Alison Whittker, Harry Hobbs & Lindon Coombes published by Federation Press.

June 29
Adam Phelan writers for UNSW Newsroom
Nine in 10 want Indigenous Voice in Constitution: expert report

Radio National’s The Law Report features Gabrielle Appleby and Megan Davis
Overwhelming support for indigenous voice in constitution

Paige Taylor writes for The Australian
Powerful support for vote on voice

June 23
Lucy Shannon writes for ABC Online
Tasmanian government commits to time frame for truth-telling, treaty talks with Indigenous community

June 14
Mark Leibler writes for The Australian
Support for Indigenous voice grows stronger
and responds to concerns raised by readers

June 10
Pat Anderson delivers the 2021 Lowitja O’Donoghue Oration

June 8
Kate Fullagar writes for Inside Story
Why does Truth come third?

June 4
The Australian features an editorial
Giving voice to the ‘final step’, 29 years after Mabo

June 3
Megan Davis delivers the 2021 Mabo Oration

 

May 2021

Everything you need to know about the Uluru Statement from the Heart, by Megan Davis & George Williams published by NewSouth.
An extract was published in The Australian

Buraadja: The liberal case for national reconciliation, by Andrew Bragg published by Connor Court Publishing.
An extract was published in The Weekend Australian.

May 30
Dani Larkin and Kate Galloway write for The Alternative Law Journal:
Constitutionally entrenched Voice to Parliament: Representation and good governance

May 29
Megan Davis and George Williams write for The Weekend Australian
Time to give all people choice on Indigenous Voice

Megan Davis writes for The Saturday Paper
The Uluru Statement, Four Years On

May 28
Vicki Morta writes for The Sydney Morning Herald
I raised my voice for my people but it took just one day for politicians to reject my call

May 26
The four year anniversary of the Uluru Statement of the Heart.

Adam Phelan writes for UNSW Newsroom:
Four years after Uluru, the chance for an enduring Voice dawns

Sydney Peace Foundation recognises The Uluru Statement from the Heart by awarding the Sydney Peace Prize for 2021, Australia’s only international prize for peace.

Naaman Zhou reports in The Guardian: Uluru Statement from the Heart awarded 2021 Sydney peace prize
The University of Sydney Blog: Ongoing campaign recognised by Sydney Peace Foundation

May 25
What's Next? Reviewing the Interim Voice Report Process A webinar held on the eve of the fourth anniversary of the Uluru Statement from the Heart, hosted by the Uluru Dialogue and the Indigenous Law Centre. The webinar features Professor Megan Davis, Professor Gabrielle Appleby, Dr Dani Larkin, Emma Buxton-Namisnyk and Eddie Synot, with special guest Aunty Pat Anderson AO, discussing the Indigenous Law Centre’s analysis of the consultation process including the public submissions.

May 24
Indigenous Voice Consultation Wrap-Up Webinar: Professor Marcia Langton AO and Professor Tom Calma AO, Co-Chairs of the Senior Advisory Group leading the Indigenous Voice Co-Design Process, host a webinar to wrap up the Indigenous Voice consultation process.

May 15
James Blackwell writes for The Canberra Times:
This was not a First Nations budget. But what are we to expect without a Voice?

May 14
The Cape York Institute responds to The Voice interim report

May 7
South Australian Premier Steven Marshall announces the format of South Australian parliament’s Indigenous Voice to Parliament
David Penberthy reports in The Australian: First Indigenous Voice to be Adopted by South Australian Parliament (paywall)

ACT Government formally commits to the Uluru Statement from the Heart
Jasper Lindell reports in The Canberra Times:
Uluru Statement from the Heart: ACT govt urges Commonwealth to commit to actions

May 1
Megan Davis writes for The Weekend Australian:
Listen to the Voices as they call for Constitutional Action on an Indigenous Voice (paywall)

 

April 2021

April 27
Opposition leader Anthony Albanese endorses the Uluru Statement from the Heart in an Op Ed in The Australian:
Indigenous Voice must be heard for nation to be whole

Jason O’Neil writes for The Alternative Law Journal:
Designing an Indigenous Voice that empowers: How constitutional recognition could strengthen First Nations sovereignty

April 17
Kate Galloway and Dani Larkin write for the Griffith Law Futures Centre blog:
Constitutionally Enshrined Voice to Parliament Fills Institutional Gap

April 14
The 30th anniversary of the final report of the Royal Commission into Aboriginal Deaths in Custody.
Prevalence of black deaths in custody must be confronted, an editorial in the Sydney Morning Herald.
Indigenous population deserves so much more, an editorial in The Age

April 12
Teresa O’Sullivan, NSW State Coroner releases a statement saying that Self-determination for Australia’s First Nations people is the ‘‘unfinished business’’ that must be addressed nationally to prevent Indigenous over-representation in the criminal justice system and deaths in custody. Read the full statement here.

April 11
Adam Phelan writes on Tyranny and Truth

April 9

Results from the 2021 Constitutional Values Survey are reported in The Conversation by Jacob Deem, AJ Brown and Susan Bird, showing majority support for a constitutionally enshrined Voice to Parliament, and emphasising the need for more education.

April 8
Results from the 2021 Constitutional Values Survey are released by Central Queensland University and Griffith University, showing clear public support for constitutional enshrinement.

Jacob Deem, AJ Brown and Susan Bird write for The Conversation:
Most Australians support First Nations Voice to parliament: survey

April 5
James Blackwell writes for The Canberra Times:
Government’s Process for First Nations Voice shows why a referendum is essential 

 

March 2021

Megan Davis writes for The Monthly:
Voice at a Crossroads: Constitutional protection is essential if the voice to parliament is to be a meaningful change 

Midnight Oil continues their Makarrata Tour, highlighting the Uluru Statement from the Heart, and featuring First Nations artists and musicians.
Website
The Guardian review: The Makarrata Project review – a chorus of anger over stolen land

March 29
Thomas Mayor writes for Crikey:
Raising our Voice: It’s Time to Demand Constitutional Recognition

March 22-26
In Partnership with the Uluru Dialogue, The Indigenous Law Centre at UNSW held a Week of Action for Universities to support a constitutionally enshrined First Nations Voice to Parliament. This week of action includes:

Universities and the Uluru Statement: A Webinar in which Professor Megan Davis, Dr Dani Larkin and Eddie Synot discuss the role that universities and members of the university community can play in supporting a constitutionally protected First Nations Voice to Parliament.

March 23
Professor Bronwyn Fredericks writes for The Westender:
An Indigenous Voice: The Time for Action is Now!

March 17
Noel Pearson delivers a keynote speech at The National Museum of Australia:
It’s time for true Constitutional Recognition

March 13
Bronwyn Fredericks and Abraham Bradfield write for The Media and Culture Journal:
More than a Thought Bubble … The Uluru Statement from the Hearth and Indigenous Voice to Parliament

March 2
Adam Phelan writes for UNSW Newsroom:
It's time to walk together towards a referendum

 

Feb
2021

Truth-Telling: History, sovereignty and the Uluru Statement, by Henry Reynolds published by NewSouth.
An edited extract was published on The Conversation

Feb 23
Dr Harry Hobbs writes in response to Professor James Allan following the High Court decision in Love; Thoms v Commonwealth:
Indigeneity, Race and the Australian Constitution: A Response to Professor James Allan’s Characterisation of the Majority Decision in Love; Thoms

Feb 18
Professor Megan Davis writes for The Conversation:
Constitutional Recognition for Indigenous Australians must involve structural change, not mere symbolism

Feb 17
Dr Dani Larkin writes for The Western Australian and NIT:
Voices must be heard so that Constitution becomes inclusive

Feb 15
The Tasmanian Museum and Art Gallery issues an apology to Tasmanian Aboriginal people for its historic practices

Feb 14
The Queensland Government announces the Treaty Advancement Committee members
Path to Treaty Program website

Feb 12
Professor Megan Davis and Dr Dylan Lino present at the Gilbert + Tobin Centre of Public Law (UNSW):
Love v Commonwealth and a Voice to Parliament

Feb 8
Dr Harry Hobbs writes for Inside Story on the importance of constitutional enshrinement as a lesson from the Sami Parliaments for a First Nations Voice in Australia:
Does Sweden’s Sámediggi offer lessons for Australia’s Indigenous Voice to Parliament?



 

Resources from 2020

May 26: The Third anniversary of Uluru Statement from the Heart

Photos of the Uluru Convention: The Indigenous Law Centre hosted this special online event to mark the 3rd Anniversary of the Uluru Statement from the Heart. Special guests included Alyawarre woman and Chairperson of the Lowitja Institute Pat Anderson AO, Nyikina man and CEO of KRED Enterprises Wayne Bergmann, Cobble Cobble woman, UNSW Pro Vice Chancellor Indigenous and the Balnaves Chair in Constitutional Law, Professor Megan Davis, Technical Advisor to the Referendum Council and Uluru Dialogues Professor Gabrielle Appleby UNSW, Pitjantjatjara woman and Community Leader Sally Scales and Referendum Council, Uluru Dialogue and ILC Photographer Jimmy Widders Hunt.

NAIDOC Week
In partnership with the Uluru Dialogue, The Indigenous Law Centre UNSW hosted a series of three webinars on Voice, Treaty and Truth.

NAIDOC2020 Webinar One: First Nations Voice to Parliament
Professor Megan Davis (Balnaves Chair in Constitutional Law, UNSW) Dr Dani Larkin (UNSW) and Noel Pearson discussing the importance of a constitutionally enshrined First Nations Voice to Parliament.

NAIDOC2020 Webinar Two: Treaty
Associate Professor Sean Brennan, UNSW, former Victorian Treaty Commissioner Jill Gallagher and lawyer Geoffrey Winters discuss Treaty. The webinar was chaired by Co-Chair of the Uluru Dialogue Leadership Group, Roy Ah See.

NAIDOC2020 Webinar Three: Truth Telling
Professor Gabrielle Appleby, UNSW, Professor Mark McKenna, University of Sydney and Aunty Pat Anderson AO discuss Truth Telling, the third reform in the sequence process of Voice, Treaty, and Truth.