In pondering the upcoming referendum on the Voice, we may be helped by looking at a precedent that exists in a surprisingly place. The Local Government Act in South Australia contains no less than 95 mentions of the word ‘consultation’ directing that Councils cannot implement a wide range of decisions without first consulting with the community affected.
Here’s just one example in the Act:
Part 3 - 48. 2 (d) the level of consultation with the local community, including contact with persons who may be affected by the project and the representations that have been made by them, and the means by which the community can influence or contribute to the project or its outcomes
Note the words “with the person who may be affected”. The law says that citizens impacted by the decision must have a voice if a decision is going to affect us. We must be consulted. This is very strictly regulated, because we Australians expect to have a voice when it comes to change to our local neighbourhood.
It sounds fair, and it also sounds very similar to what our Indigenous fellow citizens are asking for in the upcoming referendum, which would enable representations “on matters relating to Aboriginal and Torres Strait Islander peoples”. I think this also sounds very fair, especially in the context of challenge of closing the gap and finding a reconciled way forward to flourishing future.
This is state legislation, of course, not the Constitution. However, knowing that it not only operates well, but is an accepted and expected part of local government provides a precedent for how a voice can operate smoothly at other levels of government. We all expect it in my local community, and it thankfully it already appears 95 times in the Local Government Act. My experience (from six years on Mitcham Council) is that results are that decisions are more considered for the whole community.
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