Dear Editor, The new Standing Orders for Parliament (SO) came into force on the 1st July 2022. There were some major changes in the new SO. One of the changes was that the Business Committee at the last sitting of Parliament for the year must recommend a sitting programme for the following year. There must be at least 14 sitting days per calendar year.

The old SO did not make provision for a sitting calendar. In fact, the average sitting days of this government over the last 12 years was eight days per year.  That had to change. The Opposition members on the SO Review Committee pushed for a sitting calendar and for at least 60 sitting days. Both changes were agreed except the majority on the Committee voted for 14 days, which was still better than the previous requirement of at least one day only.

Last year the sitting programme provided that Parliament should sit for 45 days. Parliament did not sit for 45 days but instead sat for 20 days, still an improvement on past years. The reason for the reduced sitting days was because there was no business for Parliament to consider.

Another change that was agreed to by the Committee was that MPs can be “present” in Parliament remotely. So that if for example we had another situation like Covid Parliament can sit remotely. If for example a northern group MP was stuck in the north because of no flights then he/she can participate in Parliament remotely.

The other change that government wanted was to allow proxy votes in Parliament, meaning that an MP can appoint another MP to represent him/her in Parliament. This change was opposed by the Opposition on the grounds that MPs were not voted in by their constituents so that they can then appoint another MP to be their voice in Parliament. More importantly the Opposition argued that such a change was unconstitutional. An opinion was sought from Crown Law and the opinion confirmed that it was unconstitutional to have MPs represented in Parliament by proxies. That proposal by government was therefore defeated.

That is the reason why this amendment was tabled by Government. The change (to appoint proxies) could not be made in the new SO unless the Constitution was amended.

The PM has said that proxy votes will enable Parliament to sit more. That makes no sense because:

• Parliament can sit remotely and MPs who are on travel duty or away for other reasons can link in remotely
• Parliament cannot sit anyway unless it has business to deal with.

Appointing proxies will not fix the problem of “no business to consider”. Ensuring that the Crown Law Office is better resourced is the answer to that problem. A well-resourced Crown Law Office will greatly improve the drafting of much needed legislation to be tabled in Parliament.

Lee Harmon

Australia Day

Since 1994 Australia has observed a national public holiday on 26 January, named Australia Day. The date commemorates the arrival of the First Fleet from England to Sydney Cove and Governor Phillip proclaiming British sovereignty and planting the Union Jack flag to signify this claim.

The passengers aboard the First Fleet were around 550 crew, soldiers and family members and between 750 to 780 convicts. The settlement was intended to be a penal colony. They were mostly British but included a few American, French and African. Their crimes ranged from theft to assault and most were sentenced to seven years’ transportation.

Sir Henry Parkes was premier of colonial New South Wales five times between 1872 and 1891. He was active in the movement to stop convict transportation to NSW and known as the Father of Federation. The last ship carrying convicts to NSW arrived on 30 April 1850. On 1 January 1901 the British government granted self-government to the six colonies as the Commonwealth of Australia.

26 January as a national commemoration is problematic with leaders of the era having reservations about celebrating NSW convict origins and Parkes recognising the day as a reminder to ‘Aborigines’ that they had been ‘robbed’.

The campaign against Australia Day has been strong over decades with supermarkets in 2024 such as Woolworths, Big W and Aldi deciding against stocking Australia Day merchandise.

Most Australians are happy to have another summer public holiday without questioning the history.

The date, 26 January is problematic for what it represents: the coming of British colonisation with claim of sovereignty and the loss of land and human rights for the indigenous people. 

Aboriginal and Torres Strait Islanders were not included in the census until after the referendum in May 1967. They were Wards of State in 1950s and 1960s with many children removed from their families (The Stolen Generation) and wages withheld from them. In 1996 Eddie Mabo from the Wik Peoples was granted the first Native Title over land thereby recognising pre-existing rights of traditional owners.

The failure of the referendum to add to the Australian Constitution an Aboriginal and Torres Strait Islander voice to Parliament with recognition of the First Nations people of Australia as just that, was disappointing for many. 

Australia does not have a treaty with its First Nations people. There are moves on a state level to rectify this. The referendum was the attempt to have a national advisory body to represent First Nations people. Where to now for Australia? Time will tell.

Meanwhile the First Nations people of Australia have survived for over 60,000 years despite 236 years of colonisation. 

Always was, always will be Aboriginal Land.

Regards,

Jacki Crummer Brown