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Appendix 1
BackgroundRole of the committee
A1.1
The Joint Select
Committee on Constitutional Recognition of Aboriginal and Torres Strait
Islander People was re-established by the 44th Parliament on
2 December 2013 to inquire into and report on steps that can be taken
to progress towards a successful referendum on Indigenous constitutional
recognition.
A1.2
The
resolution establishing the committee in the 44th Parliament states
that:
(1) a Joint
Select Committee on Constitutional Recognition of Aboriginal and Torres Strait
Islander Peoples be appointed to inquire into and report on steps that can be
taken to progress towards a successful referendum on Indigenous constitutional
recognition, and in conducting the inquiry, the committee:
(a) work to build a secure strong multi-partisan parliamentary consensus
around the timing, specific content and wording of referendum proposals for
Indigenous constitutional recognition; and
(b) consider:
(i) the creation of an advisory group whose membership includes
representatives of Aboriginal and Torres Strait Islander people to assist the
work of the committee;
(ii) the recommendations of the Expert Panel on Constitutional Recognition
of Indigenous Australians; and
(iii) mechanisms to build further engagement and support for the
constitutional recognition of Aboriginal and Torres Strait Islander peoples
across all sectors of the community, and taking into account and complementing
the existing work being undertaken by Recognise;
(2) the committee
present to Parliament an interim report on or before 30
September 2014 and its
final report on or before 30 June 2015.[1]
A1.3
In its interim report, the committee noted that the report of the Expert Panel on Constitutional Recognition of
Indigenous Australians (the Expert Panel) provided
the Parliament with a comprehensive option for constitutional change, based on
the results of over 250 public consultations. In preparing this report,
the committee further refines its view of which recommendations are likely to
gain public support at a referendum, and those which are likely to have
multipartisan support.
Activities in the 44th Parliament
A1.4
The committee has received and published 37 submissions on its website. The
committee has held 10 public hearings and met with a range of advisers. A list
of witnesses at the committee's public hearings and submissions received is in
Appendices 3 and 5.
A1.5
The committee is calling for submissions on steps that can be taken to
progress towards a successful referendum on the constitutional recognition of
Aboriginal and Torres Strait Islander peoples. The committee thanks all of the
individuals and organisations that have already contributed to its work.
A1.6
The committee is required to present a final report to the Parliament on
or before 30 June 2014.
Expert Panel on Constitutional Recognition of Indigenous Australians
A1.7
As discussed in the committee's first interim report, former Prime Minister
Julia Gillard appointed the Expert Panel in December 2010 to consult on
the best possible options for a constitutional amendment to be put to a
referendum. Led by
co-chairs Professor Patrick Dodson and Mr Mark Leibler AC, the Expert
Panel conducted over 250 consultations around Australia, with the aim of
building public awareness of constitutional recognition.
A1.8
The Expert Panel provided its comprehensive report to government in
January 2012, recommending repeal of sections 25 and 51(xxvi) of the
Constitution and insertion of new sections 51A, 116A and 127A. The Expert
Panel's recommendations are set out in Appendix 2 to this report.
Activities in the 43rd Parliament
A1.9
The 43rd Parliament first appointed a Joint Select Committee
on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples
on 28 November 2012. The 43rd Parliament committed to 'placing
before the Australian people at a referendum a proposal for constitutional
recognition of Aboriginal and Torres Strait Islander peoples,' passing the Aboriginal and Torres Strait Islander Recognition Act 2013
(Recognition Act) on 14 March 2013.[2]
A1.10 Appendix
1 of the committee's first interim report provides more detail on the
activities of the committee in the 43rd Parliament.
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