<iframe src="//www.googletagmanager.com/ns.html?id=GTM-K3L4M3" height="0" width="0" style="display:none;visibility:hidden">

Brown Study

Brown study

1 October 2022

9:00 AM

1 October 2022

9:00 AM

Some recent events in Melbourne and in the Federal Court have shown us what is in store for us if the Aboriginal Voice is implemented. First, poor Daniel Andrews. He must feel that the whole world is against him. All he did was announce that his government will massively expand the Maroondah hospital in Melbourne and rename it the Queen Elizabeth II Hospital, as a suitable monument to mark the reign of our late Queen. It was therefore a proposal that he would do something worthy and decent and undoubtedly within the proper role of an elected government. But now, he has been set upon by the entire left-wing establishment who have demanded that the re-naming of the hospital be abandoned and that it keep its present name of Maroondah, which is a perfectly good Aboriginal word meaning ‘throwing leaves’. And the proposed new name has sent the Left and its camp followers into a frenzy. For them, to rename the Maroondah Hospital after the monarch is an endorsement of colonialism, imperialism, racism and all the other horrors that allegedly come with our history and our present system of government. No Aboriginal, it is said, would feel safe going into a hospital with such a name.

In one sense it serves Andrews right that he is in such trouble. He was trying to capitalise on the upsurge of sentiment and sympathy for the monarchy and the outburst of love and respect for the Queen. He was trading on this development and bathing in its reflected glory when, suddenly, the whole issue rose up from nowhere, turned on him and has given him an almighty kick in the backside. He is now under siege from his own cabinet and party, the wider Left and their hangers-on, and the sycophantic media, all of whom have told him to revoke his decision. If he does, the Left will claim it as a great victory and manoeuvre for more such victories; he will then be putty in their hands and lose all authority. If he sticks with the decision, he will galvanise the entire left-wing apparatus against him and, with the state election only three months away, anything could happen. So, perhaps it serves him right. Let him squirm!

But far more significant than Mr Andrews’ travails and embarrassment is the fact that the whole issue shows us what life would be like if the Voice were put into our constitution, passed by legislation and set to work. It will intimidate elected governments until it gets it own way.


And, to complete the equation, we have the second significant event of last week, which can only increase the likelihood that the Voice will not just be a debating society, but will exercise real power to change the decisions of elected state and federal governments.

That is because a federal court judge has just handed down his decision in the Santos Barossa case. Albanese has said many times that litigation will not be able to change government policy. But the court has decided, even without the Voice to back it up, that the giant, $3 billion Barossa gas field cannot go ahead because Santos, according to the judge, did not adequately consult with those who have ‘spiritual connections’ and hunting and gathering rights over the ‘sea country’ of the Timor Sea. If litigation can stop a major project of this size and importance, even without the Voice, how much more ferocious will the litigation war become with the Voice in full flight as it moves to stop major developments. How many projects like Barossa will be stopped when the Voice starts baying for blood?

To show us how this will happen, let us return to the ‘throwing leaves’ among the sylvan groves of Maroondah, but imagining a time when the Voice is fully operational. The elected government decides to double the size of the Maroondah Hospital to cater for the vastly expanded population and to rename it the Queen Elizabeth II.

The Voice will have control, so Albanese  has told us, of ‘matters relating to Aboriginal and Torres Strait Islander peoples’. Clearly, extending a hospital, part of the public health activities of the government, and giving it a name that is said to make Aboriginals feel unsafe, is a matter relating to Aboriginals. A cavalcade of organisations and individuals have told us so.  Accordingly, the Voice has the right to object to it and to advise the state government to reverse its policy, which Andrews is now being told. The government considers the whole thing all over again and decides to proceed with the re-naming. The Voice could not fail to be emboldened by the obvious willingness of the federal court to do as it did in the Santos Barossa case and set aside a government decision because there was  inadequate consultation with Aboriginal interests. Nor could the Voice fail to be emboldened by the willingness of the High Court to find that Aboriginals are not subject to the regular law because they are Aboriginals and above the regular law. The matter goes through the courts which have no difficulty in finding that the government did not consult properly or fully with the local ‘Aboriginal and Torres Strait Islander peoples’. Moreover, the court will say that the Voice has immense and powerful standing because it was passed at a referendum and the decision to re-name the hospital should therefore be set aside. That clearly is what will happen because it is what is intended to happen.

Will this be the end of democracy? No, but it will be a fundamental and immense upheaval to our democratic system of government as competing interests are locked in litigation over every decision of significance and race will determine how those decisions are resolved. Is that what we really want for Australia? I hope not.

Got something to add? Join the discussion and comment below.

You might disagree with half of it, but you’ll enjoy reading all of it. Try your first month for free, then just $2 a week for the remainder of your first year.


Comments

Don't miss out

Join the conversation with other Spectator Australia readers. Subscribe to leave a comment.

Already a subscriber? Log in

Close