The Times Australia
The Times World News

.

A new Treaty Authority between First Peoples and the Victorian government is a vital step towards a treaty

  • Written by Melissa Castan, Associate Professor, Law Faculty, Monash University

Last week the Victorian government demonstrated its commitment to build an equal relationship with First Peoples. A new bill[1] has been tabled in the Victorian parliament to advance the Victorian treaty processes.

In 2018, legislation was enacted[2] that required the First Peoples’ Assembly of Victoria[3] and the Victorian government to work together to establish a Treaty Authority.

The new bill further affirms the Assembly and the Victorian government’s agreement and commitment [4]to establish a Treaty Authority and support its operations.

The new Treaty Authority will be the first of its kind in Australia, placing First Peoples’ culture at the heart of its practices.

Read more: Queensland's 'Path to Treaty' has some lessons for the rest of Australia[5]

What is the Treaty Authority and how will it work?

The significant power difference between the government and First Nations people means there needs to be a way to establish equal footing for treaty negotiations.

The Treaty Authority[6] serves that role as an institution independent of parliament and government.

Negotiations may well be long and complex. The authority will oversee treaty negotiations and if the parties cannot agree on particular matters or the appropriate process, it will act as an independent umpire to help resolve the issue.

The new authority will respect First Peoples’ culture with a focus on dialogue. Talking through problems to achieve agreement, rather using than a combative approach, is at the core of the treaty process.

Assembly co-chair and Nira illim bulluk man Marcus Stewart[7] said the Treaty Authority

will be guided by Aboriginal lore, law and cultural authority that has been practised on these lands for countless generations.

This is a significant development in Australian legal institutions and processes. It addresses well known problems with the adversarial nature of native title determinations, where traditional owners must sue the government to prove their title.

This new public law process appropriately recognises the standing of Indigenous cultural approaches.

In another important development, the Treaty Authority will have guaranteed government funding, which it controls and manages. This will ensure the authority can perform its functions long-term.

In the past when governments set up bodies to assist First Nations, there were problems with sustainability, because the body did not have the resources to function. It is encouraging to see the commitment at this early stage, to continuous funding and First Nations’ control.

The Treaty Authority will be comprised of independent members who are all First Peoples, who will be selected after a public call for nominations.

Read more: Voice to Parliament design report still doesn't meet international human rights standards[8]

The Treaty Authority recognises the right to self-determination

Indigenous rights expert Professor Megan Davis explained[9]

before Indigenous Australia can participate in the Australian democratic project on just and equal terms, the unresolved issues of the colonial project and the psychological terra nullius of Australia’s public institutions must be finally dealt with.

The Treaty Authority will be a public institution that grapples with this problem of “psychological terra nullius” – the exclusion of First Nations peoples in politics and law.

It forms part of the broader work to provide just and equal participation by First Peoples in our democratic institutions. It complements the First Peoples’ Assembly of Victoria, and the Yoorrook Justice Commission[10], which address voice and truth respectively.

All of these institutions are part of the overarching treaty process in Victoria.

Treaty is one important way of realising Indigenous peoples’ right to self-determination.

Self-determination means the right of a people to make decisions about their own governance and way of life.

Self-determination for Indigenous peoples is also a requirement of the United Nations Declaration on the Rights of Indigenous Peoples[11], and other international human rights law[12].

By drawing on First Nations’ “law, lore, and cultural authority” in order to support the treaty process, the Victorian Treaty Authority is demonstrating an innovative approach to realising First Peoples’ right to self-determination.

Navigating a way to treaty

Victoria is only one Australian jurisdiction currently navigating treaty processes. Queensland[13], the Northern Territory[14], South Australia[15], and Tasmania[16] are all embarking on pathways to treaty.

And the new Albanese government is working to deliver on its commitment to the Uluru Statement from the Heart[17]’s call for Voice, Treaty, and Truth at the federal level.

Each of these processes should properly be informed by respective First Peoples in each area.

For all jurisdictions, the Victorian approach demonstrates the potential for transformative institutional reform, in and beyond government.

Self-determination must be led by sovereign First Nations people and grounded in Indigenous culture and law. International human rights law requires it. And justice alone demands the state, in all its guises, enters into proper relations with the First Nations of this land.

References

  1. ^ new bill (www.legislation.vic.gov.au)
  2. ^ legislation was enacted (content.legislation.vic.gov.au)
  3. ^ First Peoples’ Assembly of Victoria (www.firstpeoplesvic.org)
  4. ^ agreement and commitment (www.firstpeoplesvic.org)
  5. ^ Queensland's 'Path to Treaty' has some lessons for the rest of Australia (theconversation.com)
  6. ^ Treaty Authority (www.firstpeoplesvic.org)
  7. ^ Marcus Stewart (www.firstpeoplesvic.org)
  8. ^ Voice to Parliament design report still doesn't meet international human rights standards (theconversation.com)
  9. ^ explained (www5.austlii.edu.au)
  10. ^ Yoorrook Justice Commission (yoorrookjusticecommission.org.au)
  11. ^ United Nations Declaration on the Rights of Indigenous Peoples (www.un.org)
  12. ^ other international human rights law (www.ohchr.org)
  13. ^ Queensland (theconversation.com)
  14. ^ Northern Territory (www.nit.com.au)
  15. ^ South Australia (www.nit.com.au)
  16. ^ Tasmania (www.premier.tas.gov.au)
  17. ^ Uluru Statement from the Heart (ulurustatement.org)

Read more https://theconversation.com/a-new-treaty-authority-between-first-peoples-and-the-victorian-government-is-a-vital-step-towards-a-treaty-184739

Times Magazine

Building a Strong Online Presence with Katoomba Web Design

Katoomba web design is more than just creating a website that looks good—it’s about building an online presence that reflects your brand, engages your audience, and drives results. For local businesses in the Blue Mountains, a well-designed website a...

September Sunset Polo

International Polo Tour To Bridge Historic Sport, Life-Changing Philanthropy, and Breath-Taking Beauty On Saturday, September 6th, history will be made as the International Polo Tour (IPT), a sports leader headquartered here in South Florida...

5 Ways Microsoft Fabric Simplifies Your Data Analytics Workflow

In today's data-driven world, businesses are constantly seeking ways to streamline their data analytics processes. The sheer volume and complexity of data can be overwhelming, often leading to bottlenecks and inefficiencies. Enter the innovative da...

7 Questions to Ask Before You Sign IT Support Companies in Sydney

Choosing an IT partner can feel like buying an insurance policy you hope you never need. The right choice keeps your team productive, your data safe, and your budget predictable. The wrong choice shows up as slow tickets, surprise bills, and risky sh...

Choosing the Right Legal Aid Lawyer in Sutherland Shire: Key Considerations

Legal aid services play an essential role in ensuring access to justice for all. For people in the Sutherland Shire who may not have the financial means to pay for private legal assistance, legal aid ensures that everyone has access to representa...

Watercolor vs. Oil vs. Digital: Which Medium Fits Your Pet's Personality?

When it comes to immortalizing your pet’s unique personality in art, choosing the right medium is essential. Each artistic medium, whether watercolor, oil, or digital, has distinct qualities that can bring out the spirit of your furry friend in dif...

The Times Features

How much money do you need to be happy? Here’s what the research says

Over the next decade, Elon Musk could become the world’s first trillionaire[1]. The Tesla board recently proposed a US$1 trillion (A$1.5 trillion) compensation plan, if Musk ca...

NSW has a new fashion sector strategy – but a sustainable industry needs a federally legislated response

The New South Wales government recently announced the launch of the NSW Fashion Sector Strategy, 2025–28[1]. The strategy, developed in partnership with the Australian Fashion ...

From Garden to Gift: Why Roses Make the Perfect Present

Think back to the last time you gave or received flowers. Chances are, roses were part of the bunch, or maybe they were the whole bunch.   Roses tend to leave an impression. Even ...

Do I have insomnia? 5 reasons why you might not

Even a single night of sleep trouble can feel distressing and lonely. You toss and turn, stare at the ceiling, and wonder how you’ll cope tomorrow. No wonder many people star...

Wedding Photography Trends You Need to Know (Before You Regret Your Album)

Your wedding album should be a timeless keepsake, not something you cringe at years later. Trends may come and go, but choosing the right wedding photography approach ensures your ...

Can you say no to your doctor using an AI scribe?

Doctors’ offices were once private. But increasingly, artificial intelligence (AI) scribes (also known as digital scribes) are listening in. These tools can record and trans...