This note needs to be read alongside Ken Grundy’s excellent piece today. There is a report that the Aboriginal Cultural Heritage Act, that came into effect on 1 July 2023, may be scrapped. The back story seems to be that this has given too much away about what the Voice will do, so, best not scare the punters at this stage of the game. Here is what we know at present; fingers crossed.
“Initially, the line was unwavering.
Under Mark McGowan, WA Labor refused to budge on either scrapping or delaying its controversial Aboriginal Cultural Heritage Act.
It was a continuation of McGowan's uncompromising approach — loved by some but criticised by others — to leading the state in which he enjoyed unparalleled popularity.
But McGowan is now gone, and in his place, new Premier Roger Cook faces his biggest challenge to date since taking up the mantle.
In what would be a spectacular backflip, the ABC understands the Cook government is planning to scrap the laws it introduced little more than a month ago.
Cook 'bowing to federal pressure'
Confusion about WA's Aboriginal Cultural Heritage Act has fuelled concerns about the potential ramifications for the looming referendum on an Indigenous Voice to Parliament.
If the new heritage laws are repealed, it's likely a sign of Roger Cook bowing to federal pressure amid declining support for the Voice, according to political commentator Peter Kennedy.
"It's clear that the controversy associated with the heritage legislation is getting confused with the Voice referendum," he said.
"I would imagine that Anthony Albanese has picked up the phone to Roger Cook and said, 'Roger, get this off the agenda, it's interfering with the Voice message'."
Asked about whether the prime minister had any involvement, federal Labor MP Patrick Gorman said communication had "been very clear that this is a state matter", but did not rule it out.
The WA government was also quick to deny any federal pressure, with a spokesperson saying the federal government "had not approached the state government on issues related to Aboriginal cultural heritage."
Nonetheless, the man spearheading the Yes campaign, Dean Parkin, was adamant the new heritage laws were an obstacle to the Voice and was happy about their potential scrapping.
"It absolutely gives us a clearer pathway through from now through to the referendum," he said.
"Unfortunately some of those issues got caught up a little bit with that debate about the cultural heritage in Western Australia."
Despite there being little practical similarity between the WA legislation and the Voice, the federal opposition has used what it calls a "humiliating backdown" as an opportunity to take a swipe.
"The chaos that was caused in Western Australia is an indication of what could happen if a Voice to Parliament is enshrined in our constitution," Liberal senator Michaelia Cash said.
"You can scrap a bad law — but you can't change the constitution once you have altered it."