The role of a First Nations Voice for delegated legislation

Abstract

This article explores the role of a proposed Indigenous Voice in relation to Australia's largest source of new law: delegated legislation. It argues that in order for the Voice to have a meaningful role in the federal lawmaking process and fulfil its purpose, it must engage closely with the delegated lawmaking process. In particular, Parliament should provide the Voice with robust consultation and scrutiny functions for relevant delegated legislation, including the power to recommend its disallowance to both Houses of the Parliament.