Victorian Government Introduces Bill As Pathway Towards Treaty Making With Aboriginal Victorians

“I acknowledge that Victorian traditional owners maintain that their sovereignty has never been ceded, and throughout the history of this state, have repeatedly called for treaty. For too long these calls for treaty have gone unheard.

In early 2016, this government made a commitment to listen to Aboriginal Victorians about what self-determination means to them. Aboriginal Victorians called loud and clear for treaty as a necessary means for realising self-determination. In response, the Victorian government agreed to work together with Aboriginal Victorians to create a pathway towards treaty. Quite simply, treaty is the right thing to do.”

1. to advance the process of treaty making between Aboriginal Victorians and the State; and
2. to provide for a mechanism for the State to recognise the Aboriginal Representative Body as the sole representative of Aboriginal Victorians for the purpose of establishing elements necessary to support future treaty negotiations; and
3. to enshrine the guiding principles for the treaty process; and
4. to require the Aboriginal Representative Body and the State to work together to establish elements necessary to support future treaty negotiations.

“The Aboriginal Representative Body will be the voice of Aboriginal Victorians in establishing the treaty process and will represent the diversity of the Victorian Aboriginal community. The body will work as the state's equal partner in establishing the elements necessary to support future treaty negotiations.

For nearly two years now, Aboriginal Victorians, led by the Aboriginal Treaty Working Group, have been coming together to design their Aboriginal Representative Body. The newly appointed Victorian treaty advancement commissioner, Ms Jill Gallagher AO, with continued guidance from the working group, will now take carriage of this work. The commissioner will lead and work with the Victorian Aboriginal community to establish its Aboriginal Representative Body in the near future.”

“It is the intention of the Parliament that the guiding principles should be culturally empowering, and the Parliament acknowledges that the guiding principles may have different meanings and emphasis for different Aboriginal Victorians and those variations must be considered in the application of the guiding principles.”

“Under the bill, a treaty authority will oversee and facilitate treaty negotiations, to ensure fair, effective and efficient dealings between parties.

At a minimum, a treaty authority will be responsible for administering the agreed treaty negotiation framework once in place, managing disputes between parties, and undertaking research to support and inform treaty negotiations.”

“The purpose of a self-determination fund is to support Aboriginal Victorians to participate in the treaty process on an equal footing with the state, and to provide an independent resource base that supports Aboriginal Victorians to freely pursue self-determination and be empowered to build capacity, wealth and prosperity.”

“Dispute resolution

The bill requires the Aboriginal Representative Body and the state to enter into an agreement that sets out a process for resolving disputes that may arise when working together to establish the elements to support future treaty negotiations.

This process agreed to must be culturally appropriate and time bound.

This dispute resolution provision recognises that working together in this new way will not always be easy, but we are committed to working through our differences to reach our ultimate goal of achieving a treaty or treaties.

Reporting

Finally, the bill commits the responsible minister and Aboriginal Representative Body to report to Parliament annually on progress towards treaty. This reporting mechanism will provide transparency and accountability to Aboriginal Victorians, indeed all Victorians, on the state's and Aboriginal Representative Body's commitment and efforts to progress treaty.”