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The LIV calls for constitutional recognition for Aboriginal and Torres Strait Islander peoples

The LIV calls for constitutional recognition for Aboriginal and Torres Strait Islander peoples

By Administrative Law and Human Rights Section

Human Rights Reconciliation 


The Law Institute of Victoria (LIV) has provided input to a submission by the Law Council of Australia (LCA) in response to the interim report on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples.

The LIV's submission focusses on support for a referendum to be held to provide for the Australian Constitution to have a representative body with an Aboriginal and Torres Strait Islander First Nations Voice.

The LIV also recommends that:

  • the Executive must have regard to the Voice’s advice
  • that the Executive’s decision to enact legislation under the head of power is justiciable
  • that a new requirement could be set out in legislation that requires the responsible Minister to consider the advice of the Voice before enacting legislation under section 122
  • that a Bill of Rights be constitutionally entrenched to ensure that these rights are protected from interference or abrogation by any future parliament.

Read the full submission here.


Administrative Law and Human Rights Section
+61 3 9607 9338

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