Lawyer Peter Cooper gives a reality check.
A short primer on the Voice: This is not esoteric or philosophical. It is just the structure of the Voice Amendment, its place in the Constitution, its structural place in the Constitution. *
Here is the Amendment. At the moment, the Constitution has (VIII) Eight Chapters and 128 Sections.
Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples
.
… Aboriginal and Torres Strait Islander Voice
In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:
i. There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;
ii The Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;
iii The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures…. “
The first thing to note is that this is the only Amendment, and it stands alone. It amends no other power. It points to no other power other than to emphasise the sole law-making ability of Parliament to make all laws.
The second thing is that it gives the Voice no power whatsoever other than discretionary power to make representations. See Clause ii.
The third thing is to note that the Voice is shielded from an obligation to make representations. …may make representations …
The fourth thing to note is that Parliament has every other control. See Clause iii. Parliament … power to make laws with matters relating to the … Voice including composition, function. powers and procedures.
The final thing is to note that the legislation of the Parliament is mutable – that is, it can be varied, amended, repealed, or replaced.
Parliament controls everything about the Voice except the fact of its existence. That is the Constitutional provision.