The government of Victoria is set to introduce a bill later this year that will make the First Peoples’ Assembly a permanent body, able to advise the government and set rules on matters directly affecting Aboriginal people.
It marks the latest development in an almost decade-long path for the state towards achieving Australia’s first Treaty.
In a joint statement on Friday, the Victorian government and the First Peoples’ Assembly — which was formed back in 2018 — confirmed the bill seeks to formalise the assembly as an ongoing representative body.
“For the last five years, the First People’s Assembly has been the independent, democratically elected body representing First Peoples in the Treaty Process,” said co-Chairs of the First Peoples’ Assembly of Victoria, Ngarra Murray and Rueben Berg, and Victorian Premier Jacinta Allan.
“Victoria’s Statewide Treaty Bill is proposed to give the Assembly decision-making powers to make sure First Peoples’ communities can design and deliver practical solutions for their communities.”
It will sit within existing parliamentary and democratic structures, the statement clarified, but it won’t have veto power on policy or legislation, as such a power does not exist under Victoria’s parliamentary system.
So, what will the permanent body entail? In its new role, it will be able to give advice to government and questions ministers on important issues. There will also be a duty for departments and ministers to consult the assembly on laws and policies that are “specifically directed to First Peoples”.
It will be make decisions about specific matters impacting First Peoples, such as the confirmation of Aboriginality, and make appointments for dedicated seats on government entities like First Peoples appointments to the Heritage Council of Victoria.
The proposed body will also take the helm of an Aboriginal Community Infrastructure Program, the Victorian Aboriginal Honour Roll and important events like NAIDOC week.
Under Victoria’s statewide treaty bill, the First Peoples’ Assembly is proposed to be a statutory corporation and will be required to legislate its ongoing public reporting, election processes, participatory governance and cultural oversight from Elders.
It will be subject to oversight bodies, including the ombudsman, the Independent Broad-based Anti-Corruption Commission, and the Victorian auditor general.
It’ll continue the truth-telling work of Yoorrook Justice Commission, Victoria’s and Australia’s first formal truth-telling inquiry, which tabled its final report in parliament on Tuesday. Among the 100 recommendations in the report was making the assembly permanent in the state “with powers at all levels of political and policy decision-making”.
“As shown in the evidence to Yoorrook, any inclusion of First Peoples in the State political life is limited, circumscribed and reliant on the continuation of political goodwill,” it said.
“Numerous witnesses to Yoorrook submitted that the State continues to make government policy and laws for First Peoples, rather than with or by First Peoples. Government policy decision-making continues to largely disregard the voices of First Peoples Elders, organisations and communities.”
If the bill passes, Victoria will become the second state to have a permanent Indigenous voice to parliament, after South Australia in 2023.
Opposition Leader Brad Battin said earlier this week that the party would not support the move, citing its decision to withdraw support for the treaty process following the federal voice to parliament referendum outcome.
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