Division Description Changes — Documents — Australian Constitution: Aboriginal and Torres Strait Islander Voice; Order for the Production of Documents — 27th Mar 2023

Change	Division
senate vote 2023-03-27#2 Edited by mackay staff on 2023-04-21 09:01:02	Title ~~Documents — Australian Constitution: Aboriginal and Torres Strait Islander Voice; Order for the Production of Documents~~ Documents - Australian Constitution: Aboriginal and Torres Strait Islander Voice - Order for the Production of Documents Description
senate vote 2023-03-27#2 Edited by mackay staff on 2023-04-21 09:00:48	Title Description ~~<p class="speaker">Wendy Askew</p>~~ <p>I seek leave to move general business notices of motion Nos 202 and 203 together.</p> ~~<p>Leave granted.</p>~~ <p>At the request of Senator Cash, I move the motions:</p> <p class="italic">GENERAL BUSINESS NOTICE OF MOTION NO. 202</p> ~~<p class="italic">That there be laid on the table by the Minister representing the Prime Minister, by no later than 5 pm on 30 March 2023:</p>~~ <p class="italic">(a) legal advice, held by either the Prime Minister and/or his office and/or the Department of Prime Minister and Cabinet, in relation to the proposed wording for the Voice referendum announced on 23 March 2023;</p> <p class="italic">(b) correspondence between the Prime Minister and/or his office and/or the Solicitor-General in relation to the proposed wording for the Voice referendum announced on 23 March 2023;</p> <p class="italic">(c) all documents relating to the legal advice provided on the proposed wording for a Voice to Parliament released by the Prime Minister at the Garma Festival, as acknowledged of existence by the Prime Minister in his press conference announcing the proposed wording for the Voice Referendum on 23 March 2023.</p> <p class="italic">GENERAL BUSINESS NOTICE OF MOTION NO. 203</p> ~~<p class="italic">That there be laid on the table by the Minister representing the Attorney-General, by no later than 5 pm on 30 March 2023:</p>~~ <p class="italic">(a) legal advice, held by either the Attorney-General and/or his office and/or the Attorney-General's Department, in relation to the proposed wording for the Voice referendum announced on 23 March 2023;</p> <p class="italic">(b) correspondence between the Attorney-General and/or his office and/or the Solicitor-General in relation to the proposed wording for the Voice referendum announced on 23 March 2023; and</p> <p class="italic">(c) all documents relating to the legal advice provided on the proposed wording for a Voice to Parliament released by the Prime Minister at the Garma Festival, as acknowledged of existence by the Prime Minister in his press conference announcing the proposed wording for the Voice referendum on 23 March 2023.</p> ~~<p class="speaker">Anthony Chisholm</p>~~ <p>by leave—As Senator Cash well knows, the wording of the proposed constitutional alteration is the product of a cabinet process. The referendum working group provided cabinet with advice as part of the process. So did the Solicitor-General. Consistent with the longstanding practice followed by all governments, cabinet should be able to be conducted in secrecy so as to preserve the freedom of deliberation of that body. It would harm the public interest to undermine the confidentiality of the cabinet process by producing the documents sought by Senator Cash or by producing legal advice.</p> ~~<p class="speaker">Andrew McLachlan</p>~~ <p>The question before the Senate is that notice of motion 202 and 203 moved together, standing in the name of Senator Cash and moved by Senator Askew, regarding the order for the production of documents on the Voice referendum be agreed to.</p> ~~<p></p>~~ ~~<p></p>~~ The majority voted against [two motions](https://www.openaustralia.org.au/senate/?id=2023-03-27.117.1): > GENERAL BUSINESS NOTICE OF MOTION NO. 202 > >> That there be laid on the table by the Minister representing the Prime Minister, by no later than 5 pm on 30 March 2023: >> >> (a) legal advice, held by either the Prime Minister and/or his office and/or the Department of Prime Minister and Cabinet, in relation to the proposed wording for the Voice referendum announced on 23 March 2023; >> >> (b) correspondence between the Prime Minister and/or his office and/or the Solicitor-General in relation to the proposed wording for the Voice referendum announced on 23 March 2023; >> >> (c) all documents relating to the legal advice provided on the proposed wording for a Voice to Parliament released by the Prime Minister at the Garma Festival, as acknowledged of existence by the Prime Minister in his press conference announcing the proposed wording for the Voice Referendum on 23 March 2023. > > GENERAL BUSINESS NOTICE OF MOTION NO. 203 > >> That there be laid on the table by the Minister representing the Attorney-General, by no later than 5 pm on 30 March 2023: >> >> (a) legal advice, held by either the Attorney-General and/or his office and/or the Attorney-General's Department, in relation to the proposed wording for the Voice referendum announced on 23 March 2023; >> >> (b) correspondence between the Attorney-General and/or his office and/or the Solicitor-General in relation to the proposed wording for the Voice referendum announced on 23 March 2023; and >> >> (c) all documents relating to the legal advice provided on the proposed wording for a Voice to Parliament released by the Prime Minister at the Garma Festival, as acknowledged of existence by the Prime Minister in his press conference announcing the proposed wording for the Voice referendum on 23 March 2023. Read more about these types of motions on the [parliamentary website](https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Brief_Guides_to_Senate_Procedure/No_12).

~~Wendy Askew~~
I seek leave to move general business notices of motion Nos 202 and 203 together.
~~Leave granted.~~
At the request of Senator Cash, I move the motions:
GENERAL BUSINESS NOTICE OF MOTION NO. 202
~~That there be laid on the table by the Minister representing the Prime Minister, by no later than 5 pm on 30 March 2023:~~
(a) legal advice, held by either the Prime Minister and/or his office and/or the Department of Prime Minister and Cabinet, in relation to the proposed wording for the Voice referendum announced on 23 March 2023;
(b) correspondence between the Prime Minister and/or his office and/or the Solicitor-General in relation to the proposed wording for the Voice referendum announced on 23 March 2023;
(c) all documents relating to the legal advice provided on the proposed wording for a Voice to Parliament released by the Prime Minister at the Garma Festival, as acknowledged of existence by the Prime Minister in his press conference announcing the proposed wording for the Voice Referendum on 23 March 2023.
GENERAL BUSINESS NOTICE OF MOTION NO. 203
~~That there be laid on the table by the Minister representing the Attorney-General, by no later than 5 pm on 30 March 2023:~~
(a) legal advice, held by either the Attorney-General and/or his office and/or the Attorney-General's Department, in relation to the proposed wording for the Voice referendum announced on 23 March 2023;
(b) correspondence between the Attorney-General and/or his office and/or the Solicitor-General in relation to the proposed wording for the Voice referendum announced on 23 March 2023; and
(c) all documents relating to the legal advice provided on the proposed wording for a Voice to Parliament released by the Prime Minister at the Garma Festival, as acknowledged of existence by the Prime Minister in his press conference announcing the proposed wording for the Voice referendum on 23 March 2023.
~~Anthony Chisholm~~
by leave—As Senator Cash well knows, the wording of the proposed constitutional alteration is the product of a cabinet process. The referendum working group provided cabinet with advice as part of the process. So did the Solicitor-General. Consistent with the longstanding practice followed by all governments, cabinet should be able to be conducted in secrecy so as to preserve the freedom of deliberation of that body. It would harm the public interest to undermine the confidentiality of the cabinet process by producing the documents sought by Senator Cash or by producing legal advice.
~~Andrew McLachlan~~
The question before the Senate is that notice of motion 202 and 203 moved together, standing in the name of Senator Cash and moved by Senator Askew, regarding the order for the production of documents on the Voice referendum be agreed to.
~~~~
~~~~
The majority voted against [two motions](https://www.openaustralia.org.au/senate/?id=2023-03-27.117.1):
> *GENERAL BUSINESS NOTICE OF MOTION NO. 202*
>
>> *That there be laid on the table by the Minister representing the Prime Minister, by no later than 5 pm on 30 March 2023:*
>>
>> *(a) legal advice, held by either the Prime Minister and/or his office and/or the Department of Prime Minister and Cabinet, in relation to the proposed wording for the Voice referendum announced on 23 March 2023;*
>>
>> *(b) correspondence between the Prime Minister and/or his office and/or the Solicitor-General in relation to the proposed wording for the Voice referendum announced on 23 March 2023;*
>>
>> *(c) all documents relating to the legal advice provided on the proposed wording for a Voice to Parliament released by the Prime Minister at the Garma Festival, as acknowledged of existence by the Prime Minister in his press conference announcing the proposed wording for the Voice Referendum on 23 March 2023.*
>
> *GENERAL BUSINESS NOTICE OF MOTION NO. 203*
>
>> *That there be laid on the table by the Minister representing the Attorney-General, by no later than 5 pm on 30 March 2023:*
>>
>> *(a) legal advice, held by either the Attorney-General and/or his office and/or the Attorney-General's Department, in relation to the proposed wording for the Voice referendum announced on 23 March 2023;*
>>
>> *(b) correspondence between the Attorney-General and/or his office and/or the Solicitor-General in relation to the proposed wording for the Voice referendum announced on 23 March 2023; and*
>>
>> *(c) all documents relating to the legal advice provided on the proposed wording for a Voice to Parliament released by the Prime Minister at the Garma Festival, as acknowledged of existence by the Prime Minister in his press conference announcing the proposed wording for the Voice referendum on 23 March 2023.*
Read more about these types of motions on the [parliamentary website](https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Brief_Guides_to_Senate_Procedure/No_12).