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Bill a big step for Treaty process

A BILL to establish an independent body to oversee treaty negotiations between the First Peoples’ Assembly and the Victorian Government was introduced to Parliament on Tuesday.

Minister for Aboriginal Affairs Gabrielle Williams introduced the Bill, which would establish the role of an Independent Treaty Authority to facilitate treaty negotiations and disputes between Aboriginal Victorians and the State Government.

The co-chair of the First Peoples’ Assembly of Victoria, Marcus Stewart, said the move was a sign of “decolonisation in action” as it signalled the State Government’s intent to negotiate treaty on First Nations Peoples’ terms.

“This is about stepping outside of the colonial system. We’ve said to government, if you’re serious about Treaty, you’ll do it our way, and to their credit, that’s what they’re doing,” he said.

“The government is relinquishing some of its control and power and together we are creating new institutions that will be guided by Aboriginal lore, law and cultural authority that has been practised on these lands for countless generations,”

An independent panel will appoint members to the Authority. A public call for nominations will be made in coming months.

The establishment of the Treaty Authority follows the First Peoples’ Assembly of Victoria, which was set up in 2019 as the sole representative of Traditional Owners and Aboriginal Victorians.

The Treaty Authority will facilitate negotiations on what to include in the treaty, which may address past wrongs, call for official apologies and transfer decision-making power to Traditional Owners and Aboriginal Victorians.

The First Peoples’ Assembly of Victoria held talks in Mildura in 2020 about the treaty process as negotiations continued with the State Government.

Assembly co-chair Aunty Geraldine Atkinson said modern Victoria could benefit from traditional knowledge and ways of working together.

“Western court systems are combative by default, whereas the Treaty Authority will respect our culture,” Ms Atkinson said.

“The starting point will always be dialogue. I’m really excited to see our culture, lore and law being ingrained into the very building blocks of Treaty-making,” Aunty Geri said.

Shadow Aboriginal Affairs Minister Peter Walsh said he would wait to see detail of the bill and seek feedback before taking a final position.

Mr Walsh said the Coalition would work with Traditional Owners and Registered Aboriginal Parties to advance a treaty process which met the ideals and expectations of all Aboriginal Victorians and contributed to Closing the Gap.

The Northern Territory and Queensland are in the process of considering recommendations for a treaty process, while the new South Australian government signalled earlier this year it would restart the treaty process after it was put on hold in 2018.

Tasmania has allocated funds in their 2022 budget to set up an Aboriginal Advisory body to establish a truth-telling and treaty process.

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