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A Victorian treaty is closer than ever and this Indigenous body is expected to gain new powers
A Victorian treaty is closer than ever and this Indigenous body is expected to gain new powers

SBS Australia

time07-07-2025

  • Politics
  • SBS Australia

A Victorian treaty is closer than ever and this Indigenous body is expected to gain new powers

Victoria's Indigenous representative body is expected to gain new powers to make decisions over issues like confirmations of Aboriginality, approve statutory appointments to government boards, and hold the state government accountable for Closing the Gap progress under a Treaty. The First Peoples Assembly of Victoria and the state government are in the middle of negotiations on a statewide Treaty, which have primarily focused on the future role of the Assembly. In a joint statement released on Friday, both parties confirmed a Treaty bill is expected to be agreed upon and put to parliament by the end of the year. The Treaty will expand the power of the Assembly, with the parties now negotiating over how it will make representations and provide advice to the government - essentially acting as a Voice body. Assembly co-chair and Gunditjmara man Rueben Berg told NITV the Assembly is also looking to create an independent Closing the Gap oversight body. "Some of the key powers we're seeking are the power to have an independent accountability mechanism to actually monitor government progress and how they're delivering on their commitments and obligations," Mr Berg said. "We're also to be able to see where there are specific aspects of the state's business where First People should be making decisions ... particularly as it relates to confirmation of Aboriginality." Mr Berg said the Assembly would work with different Traditional Owner groups to determine how they wanted to decide on confirmations of Aboriginality on an individual basis. "At the moment most people would be familiar we have the three-part test ... one of those aspects is around acceptance by your community, and at the moment it seems a bit ad hoc," Mr Berg said. "We'll be looking to work with experts in our communities to come up with the rules around what that actually means to say 'Yes you are accepted by your community.'" Negotiations are also looking giving the Assembly the authority to run events like NAIDOC Week, and grant programs like the Aboriginal Community Infrastructure Program. It would also continue the truth-telling process, after the Yoorrook Justice Commission finished its work last month. And while the Assembly looks to provide advice to government, it is also hoping to create a duty for ministers to consult with it over laws and policies that affect Aboriginal people. "A lot of times government will just measure success in terms of statistics or financial benefits and we often draw form our cultural knowledge or cultural understanding to ensure that we're engaging with all those different aspects of success," Mr Berg said. Victorian Premier Jacinta Allan. Credit: James Ross/ AAP photos Credit: JAMES ROSS/AAPIMAGE Both parties have confirmed that the Treaty process would not give the future Assembly powers to veto policy or legislation, noting that would not be possible under the state's parliamentary system. It would also be subject to oversight by the Ombudsman and the state's anti corruption commission.

Editorial. Yoorrook justice report will fail for same reason as Voice to parliament
Editorial. Yoorrook justice report will fail for same reason as Voice to parliament

The Australian

time02-07-2025

  • Politics
  • The Australian

Editorial. Yoorrook justice report will fail for same reason as Voice to parliament

It will fail for the reason the voice to parliament was rejected by the Australian people at the 2023 referendum. A decisive majority demonstrated no appetite for denying, as the national anthem puts it, that 'we are one and free'. As prime minister Kevin Rudd put it in the 2008 apology to the Stolen Generations, 'profound grief, suffering and loss (were inflicted) on these our fellow Australians'. There is also a sleight of hand in the report, making the case that the memory of the destruction of cultures weighs so hard on Indigenous Australians now that a parallel government is needed to lift their burden. The commission presents 100 recommendations, many focused on symbolism that will do nothing to reduce Indigenous imprisonment or improve health and housing, employment and education. Despite this, Rueben Berg, co-chairman of the First Peoples' Assembly of Victoria, said on Tuesday: 'When it comes to issues facing First Peoples, we need a different approach, one that draws on the expertise of First Peoples to design and deliver practical solutions to local challenges. That's what treaty is all about.' It is also exactly what the Coalition of Peaks is doing without a political assembly. The 80 or so grassroots community organisations that make up the Peaks work on the federal government's Closing the Gap program and are 'accountable to our communities, not governments … we know how to best advance our lives'. Ideologues who cannot accept the voice result may not like it, but the Peaks approach is politically practical while the Yoorrook commission's call for 'the transition to genuine nation-to-nation relationships' is not. As for those of its recommendations that call for specific improvements to the lives of Indigenous Australians, they are all matters for government now. Indigenous Australians in Victoria working to build careers and set their children up for long and happy lives are entitled to all the assistance government provides. They have a right to see their cultures respected and their histories acknowledged. And Premier Jacinta Allan knows it, responding with a back-covering 'we share the Yoorrook Justice Commission's goals of truth and justice and will carefully consider the commission's final findings and recommendations'. The history of settler society is far more nuanced than appears in the commission report; British governments were not indifferent to the rights of Indigenous Australians. It is incontestable that the arrival of 19th-century settlers was a calamity for millennia-old Australian economies and cultures. But the Yoorrook Justice Commission's recommendations must be judged on how enacting them would improve the circumstances of disadvantaged Indigenous Australians now and in the future. Awareness, indeed anger, among Indigenous Australians today at what occurred in the past should be recognised – it was the point of Mr Rudd's apology, which is still recognised in Sorry Day. But history cannot be undone; guilt is not hereditary. 'Let the dead Past bury its dead,' as poet Henry Wadsworth Longfellow put it.

Victoria embraces truth telling and treaty with state voice to parliament
Victoria embraces truth telling and treaty with state voice to parliament

SBS Australia

time02-07-2025

  • Politics
  • SBS Australia

Victoria embraces truth telling and treaty with state voice to parliament

"We stand here with our feet firmly on the lands of the Kaurna people. I pay my respect to their elders past present and emerging, but the way we pay our respects first and foremost is not with our words but in our deeds. And there are no more powerful deeds than South Australia becoming the first place in our nation to pass a law enshrining an Indigenous voice to our Parliament." That was Peter Malinauskas, the premier of South Australia, when the state passed groundbreaking legislation for a state-based Voice to Parliament. Now, Victoria is set to follow South Australia's example. Jacinta Allan is Victoria's Premier. "As a state, we are up for this. We are up for this very simple common sense change of involving and listening to First People in the decisions that affect them." First Peoples' Assembly of Victoria Co-Chair Rueben Berg says the creation of the body has been on the table since January, part of treaty talks between the group and the state government. "To be able to build on the work of so many of our people across countless generations. To be able to say that we start the negotiations of the Treaty." How will the voice to Parliament work? The First Assembly - made up of 33 elected members - will provide advice on laws and policies that affect Indigenous communities in Victoria, from health and education to crime and development. The Premier says their voice to parliament will aim to enable First Nations people to have a better say. "The treaty process and outcome is grounded in that pretty simple common sense approach, that when you listen to people who are affected by policies and programs, when you involve them in the processes, you get better outcomes." The Premier says the state's Voice to parliament won't be written into its constitution because it does not require constitutional change, unlike the failed Federal proposal. Rueben Berg says negotiations will continue on the treaty, because of the importance of truth-telling and keeping government accountable. "Those conversations in a respectful way, and we'll be able to deliver a Treaty which will deliver powerful outcomes for our communities, powerful outcomes for all Victoria. Making sure that we get better outcomes for our communities. So that our future generations can thrive." The confirmation of a Victorian voice comes as the parliament has tabled its final two reports from the state's Yoorrook Commission, bringing an end to the work of the justice commission after four years of hearings and evidence from more than 200 witnesses. The reports made 100 recommendations across five volumes, and provided an official public record of Victoria's history since colonisation. But the official record features a disclaimer that three of the five commissioners - adjunct professor Sue-Anne Hunter, distinguished professor Maggie Walter and former Federal Court judge Anthony North - did not approve of the inclusion of the key findings in the final report. Still, Commission chair Eleanor Bourke said she had lived through many of the policies described in the pages, and hopes for real and lasting change for Victoria's First Nations communities. The highly respected Wergaia Wamba Wamba Elder, told the National Press Club in May she had been humbled by the Indigenous people who gave evidence - and encouraged by the decision to implement the Commission four years ago. "I knew it would be the hardest and most important work of my professional life, and so it has proved to be... In 2021 Victoria made history by establishing the Yoorrook Justice Commission, the first formal truth telling process in this country. Not a gesture, not a box tick, but a bold commitment to listen to the voices of the oldest living cultures on Earth."

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