Australia news live: Albanese says Dutton’s calls for more detail on Indigenous voice ‘nothing more than a tactic’ | Australian politics

Twomey: “This is not intended to be some kind of veto”

But the inclusion of the words “executive government” in the referendum question has led to some concern from legal experts the voice could lead to government decisions being regularly challenged in the high court.

However, Twomey rejected that argument:

If you look at the terms of the referendum amendment itself, it says nothing in there about there being any legal obligation to respond to those representations.

It’s really intended to be a political issue as to whether or not you do. So there’s no words in there that would support any implication beyond that, nor is there any intent behind it as well.

And the government’s made it very clear that this is not intended to be some kind of veto or a legal obligation to take these considerations into account.

Anne Twomey says the voice wording was designed to avoid litigation

That press conference with the PM has wrapped up but following on from the debate between constitutional experts over the wording of the referendum question, this is what Prof Anne Twomey, a member of the constitutional expert group which provided advice to the referendum working group, told ABC News this morning.

Joe O’Brien:

The advisory group, the voice, will have the power to make representations to the parliament and the executive government of the commonwealth. Why was it important for you to keep in the reference to “executive government”?

Twomey:

The obvious answer is that the executive is the one that makes most of the policies that do affect people, so it is important for Indigenous people, who are genuinely affected by many executive government policies, to just get in first and say “Before you make that policy, why don’t you have a talk to us and make sure that it actually works and is functional and is effective” – in many cases they aren’t.

It is not a particularly scary or intimidating thing to ask people in advance and say ‘How will this policy affect you on the ground and how can we actually make it a bit better?’

The idea behind all of this from the very beginning was that was going to be a matter of political pressure and it was going to be a matter of practice, but it wasn’t supposed to ever be formal legal obligations that would end up in court.

The idea of the entire amendment was to flip away from the idea of government makes a policy, parliament makes a law and then you come to court and attack it.

The idea was to reverse that and then go back to the other view and that is let’s discuss these things first before you make the law or the policy so you get a good law and policy and you don’t end up in litigation. The litigation is the thing that people were trying to avoid by putting this upfront before the law is made to make sure that people can have a say beforehand and get better policies.

Lawyers like to argue, but the voice wording is sound, says PM

Albanese says he’s confident in the wording of the referendum question, despite the debate by constitutional experts over whether it would give rise to high court challenges. Albanese says lawyers are, by nature, paid to disagree.

Reporter:

Prime Minister, are you worried the wording leaves the door open for high court challenges or are you confident it’s as watertight as you say it is?

Albanese:

I’m absolutely confident. But I’m confident on the basis of people like the former head of the high court, Justice French. He might know something about the constitution. The leading academic in Australia on constitutional law, Professor Anne Twomey, might know something about the constitution. This hasn’t arisen in a vacuum. There’s been all of this work done by the advisory group to the referendum working group.

It’s very clear that this is a straightforward proposition. People can read it themselves. I just read out the third clause that makes it clear that the parliament is primary. The primacy of the parliament is there, including its composition, functions, powers and procedures. A key word – “including” – so all matters. And it says “to matters relating to”. “Matters” is often used as a legal term as well.

You will have an opportunity, if you get 10 lawyers in a room, you’ll often get someone who gets a run-in. That’s what they’re paid to do. That’s why on different sides – to put this in perspective – that’s why on different sides in courts you have lawyers on one side and lawyers on the other side. They’re paid to advocate. That’s an honourable profession to do. But you shouldn’t use that fact to say that there’s someone out there who disagrees. I’m sure I can find you a lawyer who can tell you that that jacket you’re wearing is orange.

Dutton’s call for detail ‘nothing more than a tactic’: PM

Dutton needs to “get real” about the voice, says Albanese

Albanese is asked by a reporter about the voice:

Do you agree with Linda Burney that Peter Dutton is just looking for excuses to reject the voice? And, secondly, will you release the solicitor general’s advice on the wording?

Albanese:

Well, the two things are connected. Because Peter Dutton knows that he sat in a cabinet for nine years and didn’t release any advice to the cabinet. It’s not the way it works, and he knows that. He knows that.

So, what we saw from Peter Dutton over a long period of time was, first, in the lead-up to my speech at Garma, he said, “We don’t know what the question is,” so I released draft words.

We received not a suggestion in between July last year and yesterday, when I released what will be in the legislation to go to parliament next week, not one suggestion from him or Julian Leeser, the shadow attorney general, of any change. Not a word.

And Julian Leeser, we know, has been involved with the wording since a decade ago – a decade ago. He was one of the people who were involved in that process, as Noel Pearson outlined in the Australian some weeks ago.

So, Peter Dutton needs to get real about this. This isn’t about him and it’s not about me. This is about whether we are a better country going forward.

Albanese says he likes Perrottet but his government is “a shambles”

Speaking of the choice NSW faces, Albanese says both men vying for the premiership are “good people” but that the Liberal party Dominic Perrottet leads is a “shambles.”

I think that Dominic Perrottet and Chris Minns are both very good people. They’re good human beings. I have a good relationship with both of them and I like both of them. The problem is that Dominic Perrottet’s government is a shambles. The Liberals are too busy fighting each other and fighting the Nationals, and the Nationals fighting each other, to fight for the people of New South Wales. And that’s why Chris Minns deserves, and his team deserves, to be elected to government tomorrow. I’ll work with whoever is elected, as I do, constructively.

Albanese headed for last-ditch campaigning in western Sydney

Albanese says he’ll be heading to NSW this afternoon, campaigning to try make every mainland state government a Labor one when NSW heads to the polls tomorrow.

This afternoon, I’ll be in Penrith so, a bit of notice for the media. And I’ll be in Riverstone this afternoon and I’ll be in a range of seats tomorrow in my home state of New South Wales.

“Housing stress is a national phenomenon”, Albanese tells Aston voters

The prime minister Anthony Albanese is speaking in Aston (which will soon be voting in the byelection on 1 April). He’s taking about what the government is doing about the housing crisis:

The Housing Australia Future Fund has a number of components to it. One is an increased investment in social and community housing, which will create 30,000 additional units over the next five years. But it also has within it as well additional funding for emergency housing – some $100m – and it has as part of that as well, funding for, specifically for veterans’ housing, as well as for women and children escaping family and domestic violence.

The other thing we’re doing is the housing accord, working with the private sector, with organisations like the Master Builders and the Housing Industry Association and others, having an accord with state and territory governments to increase the supply of housing. Prices, of course, are product of demand and supply. What we want to do is increase the supply of housing.

We also have our Housing Supply and Affordability Council is part of the legislation for the Housing Australia Future Fund. What that’s aimed at doing is working with each level of government to make sure that approvals and land release and those issues are dealt with in our outer suburbs in a way that assists people.

… The housing stress is a national phenomenon. That’s why we’re working with all state and territory governments and the private sector, and that’s why I’d urge the Senate, next week, to pass this legislation that will make a difference.

Reporters sink their teeth into NSW premier

It’s morning tea time on the Liberal party bus and Team Perrottet is handing out cupcakes with the premier’s face on them.

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Matt Kean makes pitch to voters a day before NSW election

As NSW prepares to head to the ballot tomorrow, the state’s deputy Liberal leader Matt Kean has been speaking to ABC News Breakfast.

His answer on what voters will think of the revolving door of the premier’s office the past 12 years, the scandals (including the most recent revelation the ambulance commissioner arranged an ambulance on the premier Dominic Perrottet’s behalf) and the threat of the independents is largely the same:

People understand only the Liberals and Nationals will deliver a strong economy and keep moving New South Wales forward.

Michael Rowland:

The final week is very important for any election campaign and it’s been a bit of a rocky one for your side. The premier revealing that the boss of the Ambulance Service called an ambulance for his ill wife. That wasn’t a good look, for voters?

Kean:

Well, the premier has been focused every day on ensuring that we keep the economy strong, we keep building infrastructure, we keep delivering vital services.

Marles and Littleproud dismiss Keating’s criticisms of Aukus

On the Aukus submarines, both Marles and Littleproud don’t believe Keating’s criticisms of the submarine deal are correct.

Marles maintains the need to move to a new technology as the region sees “the biggest conventional military build-up since the end of the second world war”.

Littleproud is saying Marles needs to “bring his mob with him”, referencing discontent within Labor’s backbench on the Aukus deal:

We’re disappointed with Paul Keating’s comments. He’s living in a 1990s utopia that doesn’t exist any more. Richard is spot-on. Unfortunately, I think he’s channelling the anger of some of Richard’s backbench which will tear this mob apart and this is what is holding us us back on talking sensibly about nuclear in our Australia. This is going to blow the Labor party up. We have to use some common-sense here. Richard has proudly continued on the trajectory that we did with Aukus and the government should be congratulated for that but he needs to make sure he can bring his mob with him.

Littleproud says Indigenous voice ‘simply adding another layer of bureaucracy’

The deputy prime minister, Richard Marles, and the leader of the Nationals, David Littleproud, spoke to Nine’s Today Show following the announcement of the wording on the voice.

Marles said:

This isn’t radical in the sense that when people who are affected by our policies, are listened to, often you get the policies more right. It is about recognising our First Nations people in a practical way to hear their voice.

Littleproud maintained the criticism of the voice to parliament which saw his party declare their opposition at the end of the last year. He says the voice is “simply adding another layer of bureaucracy”.

We don’t need bigger bureaucracy. We don’t need bigger bureaucracy but better. This has been a failure of governments of all persuasions in the past. This is about making sure you get the bureaucracy out of Canberra where the most disadvantage is in the small communities. You need bespoke solutions.

Thorpe’s treatment by AFP ‘disturbing and concerning’, Burney says

Burney is asked whether she believes the Australian federal police’s response to Senator Lidia Thorpe trying to take to the stage during the anti-trans activist protest outside parliament was heavy-handed:

I’ve seen the footage and it’s disturbing and concerning.

The incident has been reported to the AFP professional standards unit and they will make a determination about that.

My concern is for Lydia. I hope she’s getting the support that she should get. And I think that the fact that it has been referred to the professional standards unit is absolutely appropriate.

Karvelas:

Do you think if she’d been a white male senator, she would have been treated differently?

Burney:

I have no idea. I think that the real issue is to make sure that her wellbeing, her welfare is OK. And that she’s seeing the support that she needs.

Earlier on ABC Radio the attorney general, Mark Dreyfus, said he has yet to receive to the urgent advice he has sought from the Australian federal police commissioner about the incident. Dreyfus said “the footage was concerning”.