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Notes -
Even if you try to charitably represent it by applying it only to matters that specifically relate to Aboriginals and Torres Strait Islanders, this still poses a problem. For example, in zero-sum situations such as racial reparations where a benefit for the Indigenous also entails causing disadvantage for other Australians, that can still be considered to be a "matter relating to Aboriginal and Torres Strait Islander peoples" and the Voice will have the ability to "make representations" on that matter.
To try and claim, as Albanese does, that the Indigenous should have a "say" on matters that pertain to them ignores that it's often the case that these policies do not only have an effect on Indigenous people, but also have consequences for your average citizen. And when looked at through this lens, any such attempt to give the Indigenous preferential sway over these kinds of decisions becomes less and less justifiable.
I so wish we could even debate the charitable interpretation as you say. But all evidence points to the contrary, we're not even at that point.
Just as one example - the Australian Government's 'National Energy Transformation Partnership' includes an 'initial priority' to "co-design a First Nations Clean Energy Strategy to ensure First Nations people help drive the energy transformation" (whatever that is meant to mean). Literally this stuff is already everywhere. Everything has to have 'First Nations/Indigenous' strategy/plan/consultation no matter how little it has to do with Indigenous issues. This is just going to institutionalise it to the highest degree - constitutionally.
Agreed, I don't believe the charitable interpretation is warranted at all and the Voice's powers will in reality almost certainly be expanded far beyond the immediately apparent scope of the wording.
I do think it's useful to have arguments against both the motte and bailey, because it's very easy for defenders of the policy to rely on the ambiguity of the proposed amendment to argue "It clearly just pertains to cases where the matter specifically concerns Indigenous people". I consider any such idea to be based on a wilful and motivated ignorance, given the sheer pervasiveness of "indigenising" public policy here in Australia, but having an argument against that interpretation of the Voice's scope shows that the proposal is inherently objectionable on such a fundamental level that even if you interpret its provisions in the most unobjectionable manner possible, there are still glaring issues to be found.
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