Is There a Duty to Consult?

Professor Langton and Tom Kalmer have proposed in their report that the Indigenous voice would effectively have not only the right to make representations, but that governments would have a duty to consult with it. So depending on the language of the legislation, or depending on the way the High Court interprets even the Constitution, there could be the proposition that there is aduty to consult. Separate from that is a well-established principle of Australian administrative law, which is that when an administrative decision-maker makes a decision they are under law obliged to take everything that's relevant into consideration. And they're also under an obligation not to take into into consideration things that are irrelevant, strictly so. A person