What’s Happened
A curated reading list of developments, including notable events, articles and webinars, in Indigenous Constitutional Law, and in the campaign relating to reforms contained in the Uluru Statement from the Heart: Voice Treaty, Truth. This list is updated in the first week of every month. If you have a development that we have missed, please email us and we will endeavour to include it in our next update.
Sept.
2022
September 7
Professors Gabrielle Appleby and Lisa Hill write for The Guardian about the danger of misinformation and scare campaigns in a constitutional referendum, and what can be done to counter this.
September 7
362,000 hectares of land in Cape York Peninsula is returned to the Traditional Owners of the Gudang/ Yadhaykenu, Atambaya and Angkamuthi (Seven Rivers) peoples.
September 7
The High Court of Australia held in Garlett v. Western Australia that indefinite detention for 'serious offenders' is constitutional. Mr Garlett, a Noongar man, was deemed a serious offender under the legislation based on a conviction and three and a half year sentence, his first offence as an adult. Concerns have been expressed that the legislation disproportionality affects First Nations people.
September 8
The Minster for Indigenous Australians Linda Burney announces a working on the First Nations Voice, to consider the referendum's timing, question and information on the Voice to Parliament.
September 15
The Indigenous Law Centre, the Law Council of Australia and the Australian Association of Constitutional Law commenced a series of consultations across Australia with eminent legal professionals with expertise in constitutional and public law and Indigenous issues, to consider the draft constitutional amendment and referendum question proposed by the Prime Minister.
These workshops were informed by a series of Issues Papers released by the Indigenous Law Centre.
August
2022
August 30
Dale Agius, South Australia's Commissioner for First Nations Voice, started a series of visits to South Australian Aboriginal communities to hear from community on what achieving an enshrined Voice might look like. Consultation sessions will be held over August and September.
August 16
Julian R Murphy and Shireen Morris write for AUSPUBLAW on the underlying motivation of the federal government’s decision not to pursue the appeal in Montgomery.
August 16
The Queensland Palaszczuk Government launches the start of the formal Path to Treaty
August 16
Victorian Parliament passes landmark legislation to create First Nations treaty authority, to act as an independent umpire to oversee the treaty negotiations.
July
2022
July 31
The Attorney-General drops the appeal to the High Court in the case of Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor v Montgomery. The case involved a challenge to the decision in Love that Aboriginal Australians cannot be classified as “aliens” under s51 (xix) of the Constitution. Montgomery is recognised by elders as a Mununjali man. However, New Zealand-born Shayne Montgomery was incarcerated, and following his release he was taken into immigration detention. The Attorney-General Mark Dreyfus dropped the case that was brought by the former government, with the High Court granting leave to the Albanese government to withdraw the case.
July 30
The Prime Minister Anthony Albanese addresses the Garma Festival, and in his speech sets out a draft constitutional amendment and referendum question.
July 29
Victoria Government introduced the Treaty Authority and Other Treaty Elements Bill 2022 (Treaty Authority Bill) was introduced in the Victorian Parliament. The Bill established the ‘Treat Authority’ as an ‘independent umpire’ to mediate negotiation between the Government and First Nations in Victoria.
July 23
Professor Gabrielle Appleby writes for the Sydney Morning Herald that the Government should release detailed principles that would guide the design of a Voice in the event of a successful referendum, together with a timeline for implementation.
July 4
The Government of South Australia announces the next steps for implementing the Uluru Statement in South Australia, with Dale Agius, South Australia’s Commissioner for First Nation Voice, to lead the Government’s consultation with Aboriginal groups and lay the foundations for state-based implementation of the Uluru Statement from the Heart.
June
2022
June 29
Treaty Process Update – Northern Territory
The Northern Territory treaty commission – Final Report – handed down.
more information from the NT treaty commission is available here.
June 2
Linda Burney (Wiradjuri) was sworn in as the Minister for Indigenous Australians, Senator Malarndirri McCarthy (Yanyuwa Garrwa) was sworn in as the Assistant Minister for Indigenous Australians and Assistant Minister for Indigenous Health, and Senator Patrick Dodson (Yawuru) to serve as Special Envoy for Reconciliation and the Implementation of the Uluru Statement from the Heart.
May
2022
May 26
On the five year anniversary of the Uluru Statement from the Heart, Professor Megan Davis wrote on AUSPUBLAW of the responsibility of lawyers in constitutional law reform.
May 22
Anthony Albanese accepts his election as the next Prime Minister, and in his victory speech opens with a commitment to the Uluru Statement from the Heart.
March
2022
March 25
As reported on Third Sector
Fred Hollows Foundation & 25 organisations unite for First Nations allyship
March 24
Bridget Brennan writes for ABC Online
Yoorrook truth-telling commission begins to examine 'brutal ugliness' of Australia's treatment of Aboriginal people
March 23
Douglas Smith writes for NITV
What SA’s new govt wants to achieve in Aboriginal affairs
March 22
Karuna Balasubramanian writes for NIT
As Uluru Statement milestone nears, calls grow for enshrined First Nations voice
March 3
Allira Davis presents a webinar with the SEARCH Foundation
2022 - time for Voice Treaty Truth! With Allira Davis, Uluru Youth Dialogue
March 8
Incoming NSW Chief Justice endorses Uluru Statement
Feb
2022
February 25
Eddie Synot writes for NIT
Key Uluru Statement point missed in voice to parliament debate
February 21
Calla Wahlquist writes for The Guardian
Australians urged to make Uluru Statement from the Heart an election issue
February 16
Megan Davis presents the 2022 Geoffrey Sawer Lecture:
Modern Australian Federalism and the Uluṟu Statement
February 14
Megan Davis appears on Black Magic Woman Podcast
February 11
Harry Hobbs & Benjamin T. Jones write for The Conversation
Non-Indigenous Australians shouldn’t fear a First Nations Voice to Parliament
Ben Wyatt writes for The Weekend Australian
Uluru Statement is not just right, it is inevitable
Jan
2022
January 26
Megan Davis writes for The Courier Mail
Australia Day date change would not solve the biggest issue
January 25
Megan Davis on UNSW Newsroom’s 10 Minute Genius
The power of Voice
January 21
James Blackwell writes for The Canberra Times
Renewed push for republic distracts from real constitutional issues
January 20
Shireen Morris writes for The Sydney Morning Herald
Push for a republic puts Indigenous Voice in the shadows
January 20
Dominic O'Sullivan writes for The Conversation
Voice to Parliament design report still doesn’t meet international human rights standards
January 6
Roshena Campbell writes for the Sydney Morning Herald
Australia Day set to be a key challenge of Indigenous Voices system
January 5
Hannah McGlade writes for the Sydney Morning Herald
Fire at Old Parliament House served no purpose and gained no respect
Dec
2021
Megan Davis writes for The Monthly
The truth about truth-telling
Mark McKenna writes for The Monthly
The Stunted Country
December 22
James Blackwell writes for The Canberra Times
A Successful referendum on a Voice would be a Christmas gift to all
December 19
Editorial in The Sydney Morning Herald
Voice to Parliament needs to be enshrined in constitution
December 17
Indigenous Voice Co-design Process Final Report to the Australian Government is released
December 15
Megan Davis & Ron Levy on ABC Radio National’s Life Matters
The prospects for constitutional change and implementing an Indigenous Voice to Parliament
December 13
Hannah McGlade writes for The Conversation
WA's new Aboriginal Heritage Act keeps mining interests ahead of the culture and wishes of Traditional Owners
December 19
Ron Levy writes for The Bulletin
Our research shows public support for a First Nations Voice is not only high, it's deeply entrenched
December 1
Uluru Dialogue Wrap-Up Webinar 2021
Hosted by The Indigenous Law Centre UNSW, In partnership with the Uluru Dialogue.
Featuring Megan Davis, Hannah McGlade, Sana Nakata and Dani Larkin
Nov
2021
Mission: Essays, Speeches & Ideas, by Noel Pearson,
published by Black Inc
An edited extract was published in The Monthly
November 29
Tom Calma, Megan Davis & Hannah McGlade on ABC Radio National’s Breakfast
The future of Constitutional Recognition
November 25
Pathway to Truth-Telling and Treaty - Report to Tasmanian Premier Peter Gutwein is tabled
Oct
2021
October 23
Paul Sakkal and Jack Latimore write for The Age
A ‘Black Parliament’? Victorian government discusses Indigenous voice
October 9
The Age begins Yoo-rrook - A Time for Truth, an ongoing truth-telling series in line with the beginning of the Yoo-rrook Justice Commission inquiries.
Sept
2021
September 20
Andrew Bragg writes for The Australian
Indigenous reforms today make us better tomorrow
September 15
Georgie Moore writes in The Canberra Times
Call for body to drive constitution reform
September 5
Megan Davis, Pat Anderson & Thomas Mayor present at Antidote 2021
Voice, Treaty, Truth: Indigenous rights and structural change (video)
September 3
Eddie Synot appears on Rules to Reality Podcast
Voice Treaty Truth, with Eddie Synot
August
2021
August 31
Allira Davis and Bridget Cama write for NIT
Voice a lost cause if not in Constitution
August 28
Megan Davis writes for NIT and The West Australian
This is Why Its Time
August 12
Eddie Synot writes for The Conversation
Why delaying legislation on a Voice to parliament is welcome — it allows more time to get things right
August 5
The Stolen Generation Redress Scheme is announced - for living Stolen Generations members who were removed as children from their families in the Northern Territory and the Australian Capital Territory prior to their respective self-government and the Jervis Bay Territory.
August 2
The Uluru Statement From The Heart in Your Language Podcast is updated to include 22 Australian Indigenous languages.
July
2021
July 22
James Blackwell writes for The Canberra Times
A legislated First Nations Voice will lack the credibility it greatly needs
July 19
George Williams writes for The Australian
Referendum rules need reform before we vote on a voice
July 17
Dani Larkin and Sophie Rigney write in The Alternative Law Journal
State and territory legislative vulnerabilities and why an Indigenous Voice must be constitutionally enshrine
July 14
Megan Davis on ABC Radio National’s Conversations
Megan Davis: the road to the Uluru Statement from the Heart
July 13
The Queensland State Archives appoints its inaugural First Nations Archives Advisor.
NAIDOC Week: July 4-11
Megan Davis delivers the UNSW NAIDOC Week Address
Heal Country, heal the nation
In partnership with the Uluru Dialogue, The Indigenous Law Centre UNSW hosted a NAIDOC webinar series
NAIDOC 2021 Webinar One: Expert Analysis of Indigenous Voice Co-design: What did the public say?
Professor Gabrielle Appleby, Emma Buxton-Namisnyk and Dr Dani Larkin, the authors of the Indigenous Law Centre's report on the Indigenous Voice Co-design Process walk us through their findings, including the overwhelming support for the constitutional enshrinement of a Voice to Parliament.
NAIDOC 2021 Webinar Two: Youth perspectives on ‘Heal Country!’ and the Uluru Statement
Bridget Cama, Allira Davis & Jason O'Neil, Three young First Nations people discuss the 2021 NAIDOC theme 'Heal Country!' and how structural reform - as expressed in the Uluru Statement from the Heart - is needed to truly protect and recognise Country.
NAIDOC 2021 Webinar Three: Why does truth come third?
Panellists Professor Megan Davis, Professor Kate Fullagar, Professor Mark McKenna, and Eddie Synot explore the role of history and truth in the Uluru Statement from the Heart. Chaired by Professor Gabrielle Appleby.
July 8
Gabrielle Appleby, Emma Buxton Namisnyk and Dani Larkin write for The Sydney Morning Herald
We won’t settle for a muted Voice, minister
July 6
Gabrielle Appleby, Emma Buxton Namisnyk and Dani Larkin write for The Conversation
What did the public say about the government’s Indigenous Voice co-design process?
July 1
Amy Dale writes for The Law Society Journal
From the Heart: Enshrining constitutional recognition
June 2021
Treaty-making 250 Years Later, by Alison Whittker, Harry Hobbs & Lindon Coombes published by Federation Press.
June 29
Adam Phelan writers for UNSW Newsroom
Nine in 10 want Indigenous Voice in Constitution: expert report
Radio National’s The Law Report features Gabrielle Appleby and Megan Davis
Overwhelming support for indigenous voice in constitution
Paige Taylor writes for The Australian
Powerful support for vote on voice
June 23
Lucy Shannon writes for ABC Online
Tasmanian government commits to time frame for truth-telling, treaty talks with Indigenous community
June 14
Mark Leibler writes for The Australian
Support for Indigenous voice grows stronger
and responds to concerns raised by readers
June 10
Pat Anderson delivers the 2021 Lowitja O’Donoghue Oration
June 8
Kate Fullagar writes for Inside Story
Why does Truth come third?
June 4
The Australian features an editorial
Giving voice to the ‘final step’, 29 years after Mabo
June 3
Megan Davis delivers the 2021 Mabo Oration
May 2021
Everything you need to know about the Uluru Statement from the Heart, by Megan Davis & George Williams published by NewSouth.
An extract was published in The Australian
Buraadja: The liberal case for national reconciliation, by Andrew Bragg published by Connor Court Publishing.
An extract was published in The Weekend Australian.
May 30
Dani Larkin and Kate Galloway write for The Alternative Law Journal:
Constitutionally entrenched Voice to Parliament: Representation and good governance
May 29
Megan Davis and George Williams write for The Weekend Australian
Time to give all people choice on Indigenous Voice
Megan Davis writes for The Saturday Paper
The Uluru Statement, Four Years On
May 28
Vicki Morta writes for The Sydney Morning Herald
I raised my voice for my people but it took just one day for politicians to reject my call
May 26
The four year anniversary of the Uluru Statement of the Heart.
Adam Phelan writes for UNSW Newsroom:
Four years after Uluru, the chance for an enduring Voice dawns
Sydney Peace Foundation recognises The Uluru Statement from the Heart by awarding the Sydney Peace Prize for 2021, Australia’s only international prize for peace.
Naaman Zhou reports in The Guardian: Uluru Statement from the Heart awarded 2021 Sydney peace prize
The University of Sydney Blog: Ongoing campaign recognised by Sydney Peace Foundation
May 25
What's Next? Reviewing the Interim Voice Report Process A webinar held on the eve of the fourth anniversary of the Uluru Statement from the Heart, hosted by the Uluru Dialogue and the Indigenous Law Centre. The webinar features Professor Megan Davis, Professor Gabrielle Appleby, Dr Dani Larkin, Emma Buxton-Namisnyk and Eddie Synot, with special guest Aunty Pat Anderson AO, discussing the Indigenous Law Centre’s analysis of the consultation process including the public submissions.
May 24
Indigenous Voice Consultation Wrap-Up Webinar: Professor Marcia Langton AO and Professor Tom Calma AO, Co-Chairs of the Senior Advisory Group leading the Indigenous Voice Co-Design Process, host a webinar to wrap up the Indigenous Voice consultation process.
May 15
James Blackwell writes for The Canberra Times:
This was not a First Nations budget. But what are we to expect without a Voice?
May 14
The Cape York Institute responds to The Voice interim report
May 7
South Australian Premier Steven Marshall announces the format of South Australian parliament’s Indigenous Voice to Parliament
David Penberthy reports in The Australian: First Indigenous Voice to be Adopted by South Australian Parliament (paywall)
ACT Government formally commits to the Uluru Statement from the Heart
Jasper Lindell reports in The Canberra Times:
Uluru Statement from the Heart: ACT govt urges Commonwealth to commit to actions
May 1
Megan Davis writes for The Weekend Australian:
Listen to the Voices as they call for Constitutional Action on an Indigenous Voice (paywall)
April 2021
April 27
Opposition leader Anthony Albanese endorses the Uluru Statement from the Heart in an Op Ed in The Australian:
Indigenous Voice must be heard for nation to be whole
Jason O’Neil writes for The Alternative Law Journal:
Designing an Indigenous Voice that empowers: How constitutional recognition could strengthen First Nations sovereignty
April 17
Kate Galloway and Dani Larkin write for the Griffith Law Futures Centre blog:
Constitutionally Enshrined Voice to Parliament Fills Institutional Gap
April 14
The 30th anniversary of the final report of the Royal Commission into Aboriginal Deaths in Custody.
Prevalence of black deaths in custody must be confronted, an editorial in the Sydney Morning Herald.
Indigenous population deserves so much more, an editorial in The Age
April 12
Teresa O’Sullivan, NSW State Coroner releases a statement saying that Self-determination for Australia’s First Nations people is the ‘‘unfinished business’’ that must be addressed nationally to prevent Indigenous over-representation in the criminal justice system and deaths in custody. Read the full statement here.
April 11
Adam Phelan writes on Tyranny and Truth
April 9
Results from the 2021 Constitutional Values Survey are reported in The Conversation by Jacob Deem, AJ Brown and Susan Bird, showing majority support for a constitutionally enshrined Voice to Parliament, and emphasising the need for more education.
April 8
Results from the 2021 Constitutional Values Survey are released by Central Queensland University and Griffith University, showing clear public support for constitutional enshrinement.
Jacob Deem, AJ Brown and Susan Bird write for The Conversation:
Most Australians support First Nations Voice to parliament: survey
April 5
James Blackwell writes for The Canberra Times:
Government’s Process for First Nations Voice shows why a referendum is essential
March 2021
Megan Davis writes for The Monthly:
Voice at a Crossroads: Constitutional protection is essential if the voice to parliament is to be a meaningful change
Midnight Oil continues their Makarrata Tour, highlighting the Uluru Statement from the Heart, and featuring First Nations artists and musicians.
Website
The Guardian review: The Makarrata Project review – a chorus of anger over stolen land
March 29
Thomas Mayor writes for Crikey:
Raising our Voice: It’s Time to Demand Constitutional Recognition
March 22-26
In Partnership with the Uluru Dialogue, The Indigenous Law Centre at UNSW held a Week of Action for Universities to support a constitutionally enshrined First Nations Voice to Parliament. This week of action includes:
Universities and the Uluru Statement: A Webinar in which Professor Megan Davis, Dr Dani Larkin and Eddie Synot discuss the role that universities and members of the university community can play in supporting a constitutionally protected First Nations Voice to Parliament.
March 23
Professor Bronwyn Fredericks writes for The Westender:
An Indigenous Voice: The Time for Action is Now!
March 17
Noel Pearson delivers a keynote speech at The National Museum of Australia:
It’s time for true Constitutional Recognition
March 13
Bronwyn Fredericks and Abraham Bradfield write for The Media and Culture Journal:
More than a Thought Bubble … The Uluru Statement from the Hearth and Indigenous Voice to Parliament
March 2
Adam Phelan writes for UNSW Newsroom:
It's time to walk together towards a referendum
Feb
2021
Truth-Telling: History, sovereignty and the Uluru Statement, by Henry Reynolds published by NewSouth.
An edited extract was published on The Conversation
Feb 23
Dr Harry Hobbs writes in response to Professor James Allan following the High Court decision in Love; Thoms v Commonwealth:
Indigeneity, Race and the Australian Constitution: A Response to Professor James Allan’s Characterisation of the Majority Decision in Love; Thoms
Feb 18
Professor Megan Davis writes for The Conversation:
Constitutional Recognition for Indigenous Australians must involve structural change, not mere symbolism
Feb 17
Dr Dani Larkin writes for The Western Australian and NIT:
Voices must be heard so that Constitution becomes inclusive
Feb 15
The Tasmanian Museum and Art Gallery issues an apology to Tasmanian Aboriginal people for its historic practices
Feb 14
The Queensland Government announces the Treaty Advancement Committee members
Path to Treaty Program website
Feb 12
Professor Megan Davis and Dr Dylan Lino present at the Gilbert + Tobin Centre of Public Law (UNSW):
Love v Commonwealth and a Voice to Parliament
Feb 8
Dr Harry Hobbs writes for Inside Story on the importance of constitutional enshrinement as a lesson from the Sami Parliaments for a First Nations Voice in Australia:
Does Sweden’s Sámediggi offer lessons for Australia’s Indigenous Voice to Parliament?
Resources from 2020
May 26: The Third anniversary of Uluru Statement from the Heart
Photos of the Uluru Convention: The Indigenous Law Centre hosted this special online event to mark the 3rd Anniversary of the Uluru Statement from the Heart. Special guests included Alyawarre woman and Chairperson of the Lowitja Institute Pat Anderson AO, Nyikina man and CEO of KRED Enterprises Wayne Bergmann, Cobble Cobble woman, UNSW Pro Vice Chancellor Indigenous and the Balnaves Chair in Constitutional Law, Professor Megan Davis, Technical Advisor to the Referendum Council and Uluru Dialogues Professor Gabrielle Appleby UNSW, Pitjantjatjara woman and Community Leader Sally Scales and Referendum Council, Uluru Dialogue and ILC Photographer Jimmy Widders Hunt.
NAIDOC Week
In partnership with the Uluru Dialogue, The Indigenous Law Centre UNSW hosted a series of three webinars on Voice, Treaty and Truth.
NAIDOC2020 Webinar One: First Nations Voice to Parliament
Professor Megan Davis (Balnaves Chair in Constitutional Law, UNSW) Dr Dani Larkin (UNSW) and Noel Pearson discussing the importance of a constitutionally enshrined First Nations Voice to Parliament.
NAIDOC2020 Webinar Two: Treaty
Associate Professor Sean Brennan, UNSW, former Victorian Treaty Commissioner Jill Gallagher and lawyer Geoffrey Winters discuss Treaty. The webinar was chaired by Co-Chair of the Uluru Dialogue Leadership Group, Roy Ah See.
NAIDOC2020 Webinar Three: Truth Telling
Professor Gabrielle Appleby, UNSW, Professor Mark McKenna, University of Sydney and Aunty Pat Anderson AO discuss Truth Telling, the third reform in the sequence process of Voice, Treaty, and Truth.