An independent authority to help the state government negotiate treaties with Victoria’s First Nations peoples will be established in an Australian-first.
The Treaty Authority and Other Treaty Elements Bill 2022 passed the upper house of state parliament on Tuesday evening by 31 votes to three. Former Liberal Bernie Finn and Liberal Democrats Tim Quilty and David Limbrick voted against the bill, while Liberal MP Bev McArthur abstained.
Members of the First Peoples’ Assembly of Victoria celebrate the passing of the Treaty Authority bill at state parliament on Tuesday evening.Credit:Justin McManus
“What an amazing day, what an emotional day,” said Marcus Stewart, co-chair of the First Peoples’ Assembly of Victoria, who paid tribute to Aboriginal elders and ancestors who he said have long called for a treaty.
“We’ve been on this journey since 2019 when we held our inaugural [assembly] meeting back in December in the upper house.
“Now three years on, we get to see the passage of the Treaty Authority: first of its kind, and probably first of its kind internationally, because we brought together the best of what we’ve seen around the world.”
The Treaty Authority will be an independent umpire to facilitate treaty negotiations and resolve disputes between the government and Aboriginal Victorians, as well as between different traditional owner groups over contested land. It will be the first of its kind in Australia.
The Andrews government set up the voice – First Peoples Assembly – three years ago, and last year established the Yoorrook Justice Commission, a truth-telling inquiry examining the ongoing effects of colonisation on Victoria’s Indigenous community.
The creation of the authority is the first in a three-step process of treaty negotiations. The next steps will be a treaty negotiation framework and developing a model for a self-determination fund to support traditional owners to enter negotiations with the government. When the process is complete, formal treaty negotiations can begin.
Aunty Geraldine Atkinson, the assembly’s other co-chair, said a treaty would be a chance to “finally address the racist legacy of invasion” and begin the process of building a better future for Aboriginal Victorians.
The authority, composed of five First Nations people, will have its funding insulated from the usual political cycle and will not be required to report to a minister. It will have a $65.5 million budget over four years, with additional funding available between now and 2026. It will receive $20.3 million for each financial year beyond 2026 until a statewide treaty is achieved.
Co-chairs of the First Peoples’ Assembly Aunty Geraldine Atkinson and Marcus Stewart in parliament in June.Credit:Justin McManus
Gabrielle Williams, Minister for Treaty and First Peoples, said the authority would advance treaty negotiations based on Aboriginal lore, law and culture.
“There are few days that deserve to be lauded as ‘historic’, but this is one,” she said.
Nationals leader and opposition Aboriginal affairs spokesman Peter Walsh said the passage of the bill would enable respectful and important discussions to take place between Aboriginal Victorians and the state government.
Speaking during the parliamentary debate, Labor MP Lee Tarlamis said for generations Australian laws and institutions were designed to exclude First Nations people, “dilute their culture and steal their lands”.
“We should not simply treat [the treaty process] as a Band-Aid to cover the cracks, but as a real opportunity to recognise the hurt and pain that has been caused and begin to unravel the systems currently in place [that are] holding our First Peoples back from achieving their full potential,” Tarlamis said
McArthur, who abstained from the final vote, said at its heart, the bill was “about dividing Victorians, and therefore Australians, into two classes”.
“Why is it necessary to separate Australians? Why is it necessary to have a treaty with ourselves? We surely need less government intervention in directing individuals to live cohesively, not more,” she said in parliament.
“Where there is disadvantage, it should be addressed not through virtue signalling but through practical assistance, and such support should not be discriminatory, not based on the colour of your skin, your ethnicity, sexuality or culture or revisionist history.”
Outside parliament on Tuesday morning, Premier Daniel Andrews described the day as a “really significant moment” in the state’s history.
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