Frank Brennan has been involved over decades in the big debates in Indigenous affairs. A Jesuit priest and an academic expert on the constitution, Brennan has advocated for recognising First Nations peoples in that document.

But he has concerns about the breadth of Anthony Albanese’s proposed referendum question, arguing its reference to the Voice making representations to executive government raises the prospect of many legal challenges. This issue of the potential for legal challenges is one that divides legal experts, with a number of authorities maintaining there is no problem.

In this podcast, Brennan elaborates on why he believes the referendum question should be reworded and the form he thinks the question should take.