Will the Voice's representations have an impact on not only Indigenous peoples, but all Australians?
‘Matters relating to’ Aboriginal and Torres Strait Islander peoples in the second sentence of the amendment most obviously include one or two things:
- Laws or policies in which First Nations peoples are singled out: for example, revision of the Aboriginal and Torres Strait Islander Heritage Protection Act.
- Laws or policies that apply to Australians generally but that affect First Nations peoples in a distinctive way. A hypothetical example might be a proposed amendment to the Family Law Act that is potentially inconsistent with Aboriginal and Torres Strait Islander custom and practice.
Neither of these present the problem raised in the question.
In discussions about what the proposed amendment means, it has sometimes been said that it allows the Voice to make ‘representations’ on anything that affects First Nations peoples, even if they are affected in the same way as the rest of the population. I don't think that is what the section is trying to say. The words "relating to" require a stronger connection than that. Australian courts are also very used to requiring a connection between a law and a power.
In any case, though, even the widest possible interpretation wouldn't cause the kind of problem that the question asks about. The Voice only makes ‘representations,’ which don't require the government to act. The Voice itself will have to decide how to prioritise the issues it takes on. Inevitably, the government and Parliament will pay more attention to concerns that are important and unique to First Nations peoples. And the government and Parliament still have full power and responsibility to make all decisions, for which they will be accountable to the Australian people in the usual way.
In the end, the Voice is a way to help the government and Parliament make better decisions by making them better informed.