THERE is now widespread acceptance that the Australian Constitution must be amended to recognise Aboriginal and Torres Strait Islander people. It is shameful that the Constitution does not recognise the First Australians and, further, that it permits racially discriminatory laws. 
Concluding that there is a need for constitutional recognition is the easy part. The complexity is in what recognition is to look like and how change is to be achieved.
The Commonwealth and several states, including South Australia, have laws recognising Aboriginal and Torres Strait Islander people that are purely symbolic. Aboriginal and Torres Strait Islander people, and many other Australians, want substantive recognition.
Aboriginal and Torres Strait Islander peoples have been subjected to persistent and serious discrimination under Australian law and are entitled to protection against it occurring again.
The Law Society and the Law Council of Australia have joined the chorus, as has the Opposition Leader, Bill Shorten. Last week he called for recognition to be more than "empty poetry". We don't know where the Prime Minister stands, but the noises from his predecessor sounded more like symbolic recognition.
An enormous amount of work has gone into preparing proposals to achieve substantive indigenous recognition. In 2010, the Gillard government set up the expert panel on Constitutional Recognition. The panel included indigenous and community leaders and constitutional experts.
The panel recommended removing two discriminatory laws from the Constitution and adding several, including laws acknowledging the relationship of Aboriginal and Torres Strait Islander peoples with their traditional lands and waters, recognising their languages, and banning racial discrimination by government.
The panel's aim was for constitutional amendments to contribute to a more unified and reconciled nation, to benefit and be in accord with the wishes of Aboriginal and Torres Strait Islander peoples and be capable of being supported by most Australians.
In late 2012 the Parliament set up a Joint Select Committee on Constitutional Recognition to further consult and report.
The time has now arrived to move to a referendum. Five years of consultation has produced two comprehensive reports. Amending the Consti-tution is not easy. It can only be achieved if it is approved by a national majority of Australians and a majority of voters in a majority of states. It is essential that all agree on a model. We should continue to tread carefully, however, because the negative impact of a failed referendum on Aboriginal and Torres Strait Islander peoples and our national identity would be devastating.ROCCO PERROTTA IS SA LAW SOCIETY PRESIDENT