Victoria will create the nation’s first independent authority to oversee First Nations Peoples’ Treaty negotiations, following a historic vote in the state parliament on Tuesday, August 16.
The Treaty Authority, which was introduced to Parliament in June by the minister for Aboriginal Affairs, Gabrielle Williams, is an agreement reached between the First Peoples’ Assembly and the Victorian government to establish a Treaty Authority that sits outside the existing state structures and does not answer to the government.
Under the First Peoples’ Assembly agreement with the government, the Treaty Authority will have its own authority and the freedom to operate in a way that reflects and embodies Victoria’s First Peoples communities, culture and ways of being and doing.
The Treaty Authority and Other Treaty Elements Bill 2022 passed the upper house of state parliament by 31 votes to three on the evening of Tuesday, August 16.
Five Aboriginal leaders will be selected to manage the independent body.
Victorian Leader of the Democratic Labour Party and Member for Western Metropolitan Region, Bernie Finn, and Liberal Democratic Party members of the Victorian Legislative Council, Tim Quilty and David Limbrick, voted against the bill.
Liberal Party member of the Victorian Legislative Council Bev McArthur abstained.
Co-Chair of the First Peoples’ Assembly of Victoria, Nira illim bulluk man of the Taungurung Nation, Marcus Stewart, said the establishment of the Treaty Authority was about stepping outside of the colonial system and putting First Peoples’ lore, law and the cultural authority at the heart of the journey to a treaty.
“This is another huge step forward and one that mob all around the country can take inspiration from,” Mr Stewart said.
“With the Assembly, our people have a voice. We already have truth-telling underway, and now Treaty is very much within reach.”
The Treaty Authority will be made up of First Peoples and perform its role in a way that respects, observes and upholds Aboriginal lore, law and cultural authority.
Assembly co-chair, Bangerang and Wiradjuri Elder, Aunty Geraldine Atkinson, said it was encouraging to see the public and politicians willing to have the hard conversations and finally make space and listen to the needs and hopes of First Peoples.
“When people tell me this sounds like a very different way of doing things, I think good,” Aunty Geraldine said.
“Treaty needs to be done on our terms because our people need to have faith in the path forward.
“We’ve been let down too many times before, but now there is a real sense of hope growing.
“Hope that this country is ready to reckon with the past and make amends so we can create a better future together.”
The Treaty Authority is the first in a three-step process of treaty negotiations.
In the coming months, the First Peoples’ Assembly and the state government will seek to agree on the ‘Treaty Negotiation Framework’, which will set ground rules and processes for treaty negotiations and a self determination fund.
Once the Treaty Negotiation Framework is complete, formal treaty negotiations can begin.
Aunty Geraldine said nothing was off the table and that Treaty needs to respect and uphold First Peoples’ Culture and correct the economic disadvantage inflicted by dispossession.
“This generation has the opportunity to right past wrongs by making sure the future is one we can be proud of,” Aunty Geraldine said.
“We have here in this place we all call home, the oldest living culture in the world. It’s beautiful, and we want to share and celebrate it with everyone.
“All we ask in return is that we regain the freedom and power to make the decisions that affect our lives and our land.”
Kaylene Williamson of the Gunai Kurnai people, First Peoples’ Assembly of Victoria Member for the South East region, said the Treaty Authority was a clear pathway for Gippsland First Peoples to negotiate what they want in local treaties.
“It’s a process where our people can start thinking of what they want in a treaty or treaties, without having to think of what the government will allow or press upon them,” Mrs Williamson said.
“It’s an opportunity for Gippslanders to think outside the box, put all of their aspirations on the table and have an independent body to support the process.
“They can have trust that this authority, independent of government, will help to mediate and resolve any disputes which may arise throughout the negations between Gippsland communities and the state, ensuring that our culture, lore, and law are included.”
Mrs Williamson said the passing of the Treaty Authority and Other Treaty Elements Bill 2022 was a clear direction that the government was taking the right steps toward Treaty.
“We have established a truth-telling mechanism and now we have established an independent authority to oversee First People’s decision-making and negotiations,” she said.
“The passing of this bill is a great example of empowering First People’s to make decisions which impact First People’s.”
Ms Williamson said Parliament’s next steps was to provide First People’s with the resources, time, money, and energy to focus on their community’s aspirations.
“Parliament needs to accept our history and recognise the voice of our First People’s, take this information and walk with us to deliver treaties for our communities,” she said.
“Think outside the traditional government frameworks and look into First Peoples’ cultures and learn from how we collaborate and make decisions in our own cultural system.
“Work with us in every aspect to make the two worlds come together equally as one with no divide.”
