State and territory legislative vulnerabilities and why an Indigenous Voice must be constitutionally enshrined

Abstract

This article sets out the background to what has occurred since the issuing of the Uluru Statement from the Heart and provides an overview of the Indigenous Voice Co-Design Interim Report and its Voice design options. In doing so, we discuss the possible progression of Local and Regional Voices and other sub-national legislation on First Nations issues. We analyse how those efforts might be limited and/or extinguished if a First Nations Voice is not constitutionally enshrined when we consider the relationship and legislative powers of the Commonwealth, state, and territory parliaments.