Online: Hilly

The voice poll vote: YES or NO

5/8
  • obisteve
    obisteve
    1 year ago
    Update, there have been 27 amendments to the US constitution that have been passed by both houses of congress and then ratified by the states, and another 6 that have been passed by congress but not yet ratified by the states, but haven't expired yet.
    And, statement of bias, might have posted this before, my first wife shot through with a Liberal politician, so might be a bit biased.
  • Grease Monkey
    Grease Monkey
    1 year ago
    Choc reckons vote no because to vote yes would make Aboriginals British subjects.....clear as mud this. I got the flyer yesterday, will force myself to read it this weekend, perhaps it will provide some clarity........maybe.
  • Hoodeng
    Hoodeng
    1 year ago
    "And the affect of an indigenous voice to parliament on private land holdings? This is shit simple, and not hidden and has been put out there: none. This was settled in the original high court decision on native title. Granting of freehold title extinguishes native title. No exceptions. Done, dusted decided years ago by the highest court in the land".

    Can you point out to me where this judgement is reinforced in the constitutional change proposal?

    It may have been refuted previously, but this is a whole new proposal that we have not been educated on. The high court will be ineffective against a passed constitutional change after it has been ratified. If it was legislated, appeals to the high court can legally sort out disputes.

    If there is no detail regarding the constitutions change before the vote, there can be no vote. Nothing less than full disclosure of change will change my mind. It's the "So on and so forth" that is of concern.
  • T4
    T4
    1 year ago
  • obisteve
    obisteve
    1 year ago
    Haven't  got ours yet. Might ride up to the post office tomorrow.
    Hoody, you're right  there isn't anything in the proposed amendment that reinforces that it doesn't affect freehold title. That's because they don't include what it doesn't do, only what it does. When the tried to get rid of the communist party in the 1951 referendum, they said that it was a change to abolish the communist party, without going on to say that it didn't affect the Navigation act of 1920 or the Commonwealth's ability to make laws about lighthouses, or any of the other stuff it didn't affect.
    The current proposed change is carefully worded but pretty plain, to set up an indigenous voice to advise parliament. If the referendum is passed  they are limited by the constitution to doing just that, what people have voted on.
    The constitution only protects freehold title indirectly, by mentioning in article 51 (I think, it's been a while) that the commonwealth can only compulsorily acquire title if they offer just compensation. The real protection comes from English common law.
    The idea that native title could affect freehold was never refuted, it was contained it the High court decision in Mabo vs Qld #2 1993. Before that native title wasn't even a concept, the court decision that recognised it existed said that it existed only for crown land. There were some differing opinions about if it affected commonwealth leased land, but absolutely no thought that it applied to freehold land. The commonwealth then had to put the concept of native title into legislation, which they did the following year, again without letting it affect freehold title.
    So there is absolutely no way that setting up an indigenous voice to advise parliament threatens freehold title. The Solicitor Generals legal opinion on this is freely available online.
    Now we all know that politicians can do dumbarse things even without listening to any advice, but if they want your freehold land the have to offer just compensation, the constitution tells them so. If they want to change that, they would have to hold a referendum to amend article 51, and be open about that in the vote for the amendment. How well do you think that would go?
    Sorry to make it so long, sometimes it takes a while to go through stuff simply.

  • 408
    408
    1 year ago
    Quoting obisteve on 31 Aug 2023 10:54 AM

    Haven't  got ours yet. Might ride up to the post office tomorrow.

    Hoody, you're right  there isn't anything in the proposed amendment that reinforces that it doesn't affect freehold title. That's because they don't include what it doesn't do, only what it does. When the tried to get rid of the communist party in the 1951 referendum, they said that it was a change to abolish the communist party, without going on to say that it didn't affect the Navigation act of 1920 or the Commonwealth's ability to make laws about lighthouses, or any of the other stuff it didn't affect.
    The current proposed change is carefully worded but pretty plain, to set up an indigenous voice to advise parliament. If the referendum is passed  they are limited by the constitution to doing just that, what people have voted on.
    The constitution only protects freehold title indirectly, by mentioning in article 51 (I think, it's been a while) that the commonwealth can only compulsorily acquire title if they offer just compensation. The real protection comes from English common law.
    The idea that native title could affect freehold was never refuted, it was contained it the High court decision in Mabo vs Qld #2 1993. Before that native title wasn't even a concept, the court decision that recognised it existed said that it existed only for crown land. There were some differing opinions about if it affected commonwealth leased land, but absolutely no thought that it applied to freehold land. The commonwealth then had to put the concept of native title into legislation, which they did the following year, again without letting it affect freehold title.
    So there is absolutely no way that setting up an indigenous voice to advise parliament threatens freehold title. The Solicitor Generals legal opinion on this is freely available online.
    Now we all know that politicians can do dumbarse things even without listening to any advice, but if they want your freehold land the have to offer just compensation, the constitution tells them so. If they want to change that, they would have to hold a referendum to amend article 51, and be open about that in the vote for the amendment. How well do you think that would go?
    Sorry to make it so long, sometimes it takes a while to go through stuff simply.


    "Now we all know that politicians can do dumbarse things even without listening to any advice, but if they want your freehold land the have to offer just compensation, the constitution tells them so."

    The government do not have to take ownership of land to take control of it.
    Look at the Indigenous Cultural Heritage legislation that the WA govt introduced at the beginning of July. It was repealed a bit more than a month later because of the outcry of landowners.
    It was obviously going to affect the 'Yes' vote, so they pulled the plug on it.
    A 'Yes' vote, and the ensuing advice to parliament would see a lot more of this type of legislation.
  • Jay-Dee
    Jay-Dee
    1 year ago
    I think Albanese and co are trying to get this through on a swiftie. They know that almost everyone would want Aboriginals to have constitutional recognition but most likely don’t want a voice. At least not one that has been handled the way that this has.

    By only having one question they’re relying on the hope that Australians will vote yes for it out of guilt/conscience/fear of feeling racist and then sneak whatever else they’re trying for (treaty etc) through with it as well under the radar. Either that or Albanese is even more stupid than I give him credit for and he thinks Australians are just as stupid.

    I hope this gets smashed with an overwhelming majority for NO to teach them a lesson but in reality it will likely get through on a small yes majority for the exact reason that I just mentioned. People want to see Aboriginals recognised and don't want to be thought of as racists. I will be voting NO in bold text and capital letters and that’s a shame as I’d really like to see Aboriginals formally recognised as the first Australians and they rightfully should be.

    But I don’t want even more bureaucracy, money wasted with no benefit to the people who most need it and the potential to interfere with any government decisions whether they affect Aboriginals or not. Especially when the money pits that we already have in place can’t seem to fix many, if any of the problems especially in the remote locations. Surely there are enough Aboriginals in parliament now and representatives for various areas that can get heard by the government without yet another committee that requires a change to the constitution.

    I saw an interview with Albanese last night where he thinks the day after a yes vote things will be magically better and united. The idiot can't see how this is already divisive and it will only be worse no matter whether the outcome is yes or no as the racist card can and will be played by either group.
  • Soapbox2627
    Soapbox2627
    1 year ago
    I read the booklet tonight and went back again as I was concidering some differant senarios and kept coming back to the same thing, I can not vote for this, there is no "ONE" in equality with this proposal.
    straight up the, "recognition" they were the first nation people, when was that ever disputed?
    65000 years of history, how does this number even get concidered, the Egyptions, Greeks, Chinese, Roman, Incans, Sumarians and on rarely can go back 6000 years,
    Ensure they have improvement in Life expectancy, infant mortality and health, Education and Employment
    are these not the same for all people?

    I just cant be bothered typing no more, I am getting riled up, you guys can read it yourself

    100% for equality it will be a HUGE NO from me
  • Hoodeng
    Hoodeng
    1 year ago
    Sticking to facts will keep the discussion on track, emotion always provides an escalation to both party's.

    The voice to parliament has already been described as  encompassing more than the direct issues that effect aboriginals only.
    That said, Mr Albanese has previously said "it would be a brave government that ignored advice from the advisory body". So, from that, just how far will the influence of this constitutionally elected body go?

    That in a nutshell for me needs far more explanation of a proposal that will be formulated after a yes vote is passed, before, not after.
    The listed outlines are purely that, outlines, not the defined working model that will result.

    What i need is the proposal in its entirety [that will not be amended after a vote] to be readily available and clearly explained to all voting Australians. If a person chooses to vote without this information they can only remonstrate with themselves if events transpire against their belief.

    I have been voting long enough to see well meaning politicians of both stripe create competent policy that in the fullness of time ended up somewhere they never thought it could get to. This aberration caused by others interpretation of malleable wording.

    It's the "So on and so forth" document rider that concerns me.


  • paulybronco
    paulybronco
    1 year ago
    Perhaps a Pauline satire may help....


  • bloodog
    bloodog
    1 year ago
    October 14  
  • paulybronco
    paulybronco
    1 year ago
  • 408
    408
    1 year ago
  • Hoodeng
    Hoodeng
    1 year ago
    Received my referendum mail out,[and as expected very emotional and feel good for one cause, negative for the other] there seems to be some pages missing. It's the ones that lay out the actual wording of the changes to the constitution in their entirity without amendment.


    Can someone forward them to me so i am fully informed?
  • Grease Monkey
    Grease Monkey
    1 year ago
    Quoting Hoodeng on 09 Sep 2023 02:15 AM

    Received my referendum mail out,[and as expected very emotional and feel good for one cause, negative for the other] there seems to be some pages missing. It's the ones that lay out the actual wording of the changes to the constitution in their entirity without amendment.


    Can someone forward them to me so i am fully informed?

    I would Hoody but I can't seem to find that bit anywhere 🤷
  • Hoodeng
    Hoodeng
    1 year ago
    Gee's, you to? there must be a dodgy batch of mail outs.
5/8