A "quirk of our history" means the ACT won't have an equal say in the upcoming referendum on an Indigenous Voice to Parliament, says renowned constitutional expert Kim Rubenstein.
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With Australia preparing to head to the polls later this year, Professor Rubenstein has teamed up with James Blackwell, a research fellow in Indigenous Diplomacy at the ANU, to educate Australians on the nation's constitution in the lead up to the referendum.
This week they launch an eight-episode podcast It's not just the Vibe: It's the Constitution.
"Given that people are being asked to change it, I really think it's important that they know what it is that they're changing," Professor Rubenstein said.
"It's the foundational rulebook for everything that happens in our country. Any decisions that are made in our Parliament all have to be constitutional."
The constitution can only be altered if the majority of Australians and the majority of the states vote in favour of the change.
But ACT residents will only get a say as part of the national count in the upcoming Voice referendum.
The University of Canberra professor said the ACT and Northern Territory won't be counted in the state vote because of a "quirk" of our history.
"It's essentially a quirk of our history in that the geographic areas that are now the ACT and the Northern Territory, were originally at the time of federation part of New South Wales and South Australia," she said.
"It was in 1911 that they were created as their own distinct territories.
"Between 1911 and until 1977, people living in those territories had no involvement at all with constitutional change because it only referred to the electors in the states, so they were disenfranchised."
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Professor Rubenstein said changes made during the 1970s but they only led to territory voters being counted in the national majority.
She believes there are "various things" in the Australian constitution in need of an update.
"The constitution was written in the 1890s and was drafted by effectively white-bearded men. Women were not involved, Indigenous people were not involved and the territories were not territories," Professor Rubenstein said.
"So there have been significant changes in terms of democracy in Australia, and our constitution hasn't kept up with it."
Professor Rubenstein said there are a number of issues that should be addressed, but the first is the question of reconciliation and the Voice.
She said the eight-part podcast will aim to be an educational tool on the proposal so Australians could make an informed decision.
It comes amid warnings that misinformation on the proposed Indigenous advisory body is clouding the debate.
"With the rise of a lot of misinformation out there, which is confusing people unnecessarily, a podcast like this is a means for people to better understand and assess that information by listening to independent experts," Professor Rubenstein said.
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Natalie Vikhrov
Natalie Vikhrov reports on federal politics and public service for The Canberra Times. Prior to this, she spent several years covering human rights in Eastern Europe, including Russia's invasion of Ukraine. Get in touch via natalie.vikhrov@austcommunitymedia.com.au.
Natalie Vikhrov reports on federal politics and public service for The Canberra Times. Prior to this, she spent several years covering human rights in Eastern Europe, including Russia's invasion of Ukraine. Get in touch via natalie.vikhrov@austcommunitymedia.com.au.
