During the recent election campaign the Australian Labor Party agreed to “look at” then finally decided to back a proposal to amend the constitution’s preamble to recognise Australia’s Indigenous people.
The negotiations between the Australian Labor Party and the independents to hold onto power led to the following agreement:
At the beginning of each sitting day, prior to prayers, the Speaker will make an acknowledgement of country
to recognise Indigenous Australians.
However they seem to be way behind NSW in this. The New South Wales Parliament on 8th September 2010 amended their Constitution to recognise Aboriginal people as the first people in the state.
The NSW Parliamentary library released an e-brief in July 2010 titled “Constitutional Recognition of Aboriginal People” (full download below) which in part says:
For the purpose of honouring and recognising the unique historical position of Aboriginal people, the NSW Government proposes to amend the Constitution Act 1902 (NSW) by the insertion of a new section 2A. The proposed section reads as follows:
- (a) The People and Parliament of New South Wales acknowledge and honour the Aboriginal people as the first people and nations of the State, and
- (b) The People and Parliament of New South Wales recognise that Aboriginal people have a spiritual, social, and cultural relationship with their traditional lands and waters and have made a unique and lasting contribution to the identity of New South Wales.
- (c) Nothing in this section creates in any person any legal right or gives rise to any civil cause of action, or affects the interpretation of this Act or any other law in force in New South Wales.
The Constitution of NSW presently does not have a preamble, nor does it have other express recognition of Aboriginal People. As the Constitution is an Act of Parliament it may be readily amended by an amending Act and this has been done over 80 times since 1902.
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