03-07-2025
Victoria will legislate for permanent First Peoples' Assembly later this year
The Victorian government will introduce a bill to parliament later this year to make the First Peoples' Assembly permanent, giving it authority to make decisions and set rules on issues directly affecting Aboriginal people in the state.
As first reported by Guardian Australia earlier this week, the Victorian government and the First Peoples' Assembly have confirmed the statewide treaty bill will establish the assembly as an ongoing representative body to provide advice to government.
In a joint update to treaty negotiations, released on Friday morning, the two parties said the bill, if passed, would allow the assembly to 'make decisions and rules about specific matters that directly impact First Peoples in the state'.
The assembly was formed in 2018 to represent Aboriginal and Torres Strait Islander peoples in treaty discussions and has held two elections since. It had been calling on the government to make its role permanent for some time.
In its new role, it would be able to make representations, provide advice to government and question ministers. Ministers and government departments, in turn, would be required to consult with the assembly on laws and policies that are 'specifically directed to First Peoples'.
The update said the proposed body would 'sit within our existing parliamentary and democratic structures' and 'will not have veto power on policy or legislation', noting such a power 'does not exist under Victoria's parliamentary system.'
The assembly would also be responsible for confirming Aboriginality and would take control of the government's Aboriginal Community Infrastructure Program, the Victorian Aboriginal Honour Roll and the organisation of important events, such as NAIDOC week.
It would make statutory appointments for designated First Peoples' seats on government boards and entities, such as on the Heritage Council of Victoria, and continue the truth-telling work of Yoorrook Justice Commission, including by capturing stories and retaining an archive of this information to support the education of the broader public.
Among the 100 recommendations in the commission's final report, tabled in parliament on Tuesday, was one making the assembly permanent and giving it decision-making powers.
Under its new role, the assembly would become a statutory corporation and would be required to legislate its ongoing public reporting, election processes, participatory governance and cultural oversight from Elders.
It would also be subject to oversight bodies including Independent Broad-based Anti-corruption Commission, the Victorian auditor-general's office and the ombudsman.
If passed, Victoria would become the second state in Australia to have a permanent Indigenous voice to parliament following South Australia in 2023. A referendum that same year to alter the constitution to create federal voice to parliament failed, with 60% of Australians voting no.
Earlier this week, the opposition leader, Brad Battin, said his party would not support the move to make the assembly permanent, noting it had withdrawn support for the treaty process after the referendum result.
But the Greens, Animal Justice party and Legalise Cannabis have told Guardian Australia they support the assembly having a permanent role, though they are yet to see the detail of the bill. This would give the government the numbers it needs for the bill to pass the upper house.
Further negotiations on the treaty – Australia's first with First Nations people - continue.
