Victoria will become the first Australian jurisdiction to begin negotiating treaties with First Nations groups next year, after a historic deal was brokered to allow traditional owners to enter into interim agreements during negotiations.
The deal struck between the Andrews government and the First Peoples’ Assembly – the body elected to negotiate an overarching framework for treaty – includes an initial investment of $65m over three years into a fund to help traditional owners commence treaty negotiations.
Under the framework, traditional owner groups with competing stakes over land would be required to form a single delegation before entering into negotiations with the state government.
Marcus Stewart, the co-chair of the First Peoples’ Assembly, said the agreement marked a new chapter that would reshape First Nations communities’ relationship with fellow Victorians.
“We can’t lose sight of what this means for every Victorian, whether it’s a traditional owner of country or whether it’s a non-Indigenous person,” Stewart said.
“What we’ll see through a statewide treaty is Aboriginal people being in the driver’s seat, making decisions on issues that disproportionately impact us.”
The Victorian premier, Daniel Andrews, on Thursday said the agreement marked “significant” progress in the treaty journey.
“It’s by no means the end. It’s going to be a long journey,” he told reporters.
“I think Victorians can have that sense of pride that when it comes to these sorts of reforms, Victoria is always at its best when we’re leading our nation.”
After the assembly holds new elections next year, it will begin negotiating a statewide treaty with the state government that could include improving political representation for First Nations Victorians via a permanent Indigenous decision-making body or reserved seats for Indigenous representatives in the state’s parliament – similar to what exists in New Zealand’s parliament.
Traditional owners will also be able to enter into separate negotiations with the state.
Stewart, a Nira illim bulluk man of the Taungurung nation, said the treaty framework would redefine the power relationship between First Nations people and the state government.
“It’s creating a different dynamic of how a state government will engage with traditional owners of countries based on and upholding and respecting their cultural authority,” he said.
Stewart said the framework signified the state government stepping back on managing Indigenous affairs, but would not reduce its service-delivery responsibilities.
Under the framework, only a single Indigenous delegation will be able to negotiate over an area of land with the state government. This means traditional owner groups with competing stakes over land will be required to form a combined delegation.
The treaty authority – the independent umpire that will oversee negotiations – will be responsible for resolving disputes that arise, either between two traditional owner groups or between one group and the government. The authority will also recognise First People’s lore and law.
The initial $65m investment for the self-determination fund will provide financial support for traditional owner groups to enter into treaty negotiations, such as the sourcing of legal representation. But the fund – to be administered by the assembly – will also be an independent source of revenue to help First Nations Victorians build wealth, particularly for future generations. It will be available to all traditional owner groups.
The day-to-day operations of the funding decisions will be made by the trustee – a wholly owned subsidiary company established by the assembly that will have a majority of First Nations directors.
Victoria is the only state or territory that has enacted the three key elements of the 2017 Uluru Statement from the Heart – truth-telling, treaty and voice. The federal government has committed to enacting the manifesto in full.
South Australia had moved towards treaty, before the Marshall government scrapped the push after being elected in 2018. The current government says it will restart the process, but only after establishing an Aboriginal voice to the state’s parliament.
Queensland, the Northern Territory and Tasmania are also working toward treaties .
