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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Reference the up coming referendum to acknowledge all those

Customer Question

Reference the up coming referendum to acknowledge all those who claim a indigenous background as the first people's of Australia and to have this formally through legislation acknowledged as part of the Pre-amble to the Commonwealth of Australia Constitution Act or entered as a Section of the constitution.
I believe this is in conflict with the Racial Discrimination Act 1975 Section 10 (1). A breach of the International Convention on the Elimination of All Forms of Racial Discrimination , resolution 2106 (xx) of 21 Dec 1965 and the Universal Declaration of Human Rights.
I argue to divide the Australian peoples into first and second divides the community in to a " Us and them " position . Australians believe that all citizens are equal with no division through divisive legislation .
I argue prior to 1788 Australia was not defined as the country we see today and Colonial settlement created a entire new country with a new legal system and values. Pre 1770 the land was not known as Australia and had a diverse history of colonisation of peoples from many cultures and lands. Not all people colonised pre 1770 at the same time , they colonised several thousand years apart . In some cases absorbing or wiping out the existing culture and people.
I asked who or what cultural group can truly be defined as the First Nations people?.
By recognising a large body of diverse groups or individuals via legislation will imply they are the first Australians and degrade the standing of all other Australians .
I asked do I have a legal case to challenge the Commonwealth of Australia under the Racial Discrimination Act , Universal Declaration of Human Rights and the International Convention on the Elimination of all forms of Racial Discrimination to halt and stop alteration to Commonwealth legislation in the Federal court of Australia.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.You have to wait and see what the proposed question will be and how it will amend the constitution.The Racial discrimination act does not apply as such but you could challenge it in the High Court whioch is the only Court that deals with the Constitution and put your case to them.If the referendum question is not passed by the people then the constitution cannot be amended and there would be no reference to who was on the land before the english arrived.My understand is that the amendment is to acknowledge that their were indigenous people on the land before the english arrived.But until the question is proposed for the referendum nothing can be done as we do not know what they are proposing.But any challenge is to be bought in the High Court.If the people vote for the change then you can take the proposed amendment ot the court and seek argue that it is unconstitutional and if it breaches other Federal Laws then argue them as well.I hope this makes sense and is of assistance.