Ms THEOPHANOUS (Northcote): I would like to begin by acknowledging the First People of our state and in particular the Wurundjeri people of the Kulin nation, on which Parliament sits and on which the electorate that I represent sits. I pay my respects to their elders past, present and emerging. I acknowledge the leaders representing the First Peoples’ Assembly of Victoria, who have honoured us in being here today, as well as all First Nations people who have come today. I would also like to take the opportunity to acknowledge and honour the local Aboriginal communities in the northern region and their strong leadership as well as their critical advocacy over many years to embed First Nations principles and interests into our state.
The inner north, including the electorate of Northcote, has a deep connection with First Nations leadership and advocacy—leaders like William Cooper, Uncle Doug Nicholls, Aunty Marge Tucker, Uncle Bill Onus, Aunty Elizabeth Morgan and Lady Gladys Nicholls. These giants and this history are literally painted in our streetscapes, built into our place names and embedded in the legacy of our local Aboriginal controlled and managed organisations, who continue to support our First Nations communities today—organisations locally like the Aborigines Advancement League, the Victorian Aboriginal Health Service, the Victorian Aboriginal Community Services Association, the Victorian Aboriginal Child Care Agency, the Victorian Aboriginal Legal Service, Yappera Children’s Service, Clothing The Gaps, Elizabeth Morgan House and Lady Gladys Nicholls Hostel—organisations deeply, deeply embedded in the inner north, of which we are very proud. In Thornbury, at the home of the Fitzroy Stars Football and Netball Club, we will soon see Australia’s first dedicated Aboriginal women and girls sport and wellness centre. This will be a safe and welcoming space created to support the health, wellbeing and empowerment of First Nations women.
I know that as I rise today to speak in support of the Victorian Treaty Authority and Other Treaty Elements Bill 2022 my wonderful, diverse community stand with me. They stand with me in reflecting on and acknowledging the truth of our state’s past—the truth of the injustices, the violence, the trauma and the pain that colonialism has wrought on generations of Aboriginal people—and they stand with me in honouring the momentous milestone we have reached today, because this is a momentous occasion. In 2017 our First Nations communities came together in the shadow of Uluru to speak with one voice, and we were offered an invitation to walk together for a better future.
Here in Victoria we listened, we took action, and we did it in partnership with the Victorian Aboriginal community. Victoria is now the first and only jurisdiction in Australia to action both the treaty and truth elements of the Uluru statement. The actions that we have taken together will create a legacy and a precedent that will help shape treaty negotiations across the country. But what makes our treaty process unique is not just that we are doing things first but that we are doing things differently. We know that treaty is unfinished business. It is an opportunity to come to terms with our past and work together for a shared future.
Yet to move forward in trust and truth and partnership we need new institutions and new ways of doing things. Our Western structures are just not fit for purpose in putting self-determination and the oldest continuous culture, traditions and stories at the heart of a treaty process. That is why this bill is so important. The Treaty Authority established by this bill is the first of its kind in Australia, and it is based on a model created for and by First Nations Victorians through the First Peoples’ Assembly. We heard in this house from co-chairs Marcus Stewart and Aunty Geri Atkinson about exactly why this authority, created in this way, matters. We heard Aunty Geri say:
Our community knows what is best for our community. It is essential that First Peoples lead this journey—essential because it is both the morally right approach and the most effective approach in achieving the best results.
This is self-determination in action. It is an acknowledgement that treaty must be done on First Nations’ terms. The Treaty Authority is innovative, it is legally novel and it is designed to most effectively and fairly oversee negotiations in Victoria’s context. When established it will be a truly independent umpire to oversee negotiations between the government and Aboriginal Victorians. It will sit outside of our usual government structures—it will not report to a minister—and it will be founded in the understanding that a path forward and the building blocks of treaty must uphold Aboriginal lore, law and cultural authority. The Treaty Authority reflects this government’s willingness to come to the treaty process with open minds and open hearts, to walk side by side into a shared and profoundly changed future. It is a future that must go beyond the beams of light that Marcus referenced in his speech. Beams of light are not enough to dispel the shadow of colonialism and colonisation.
Treaty is an opportunity to forever change how we understand our identity, our history and our future. It should not be feared. It should not be undermined. Treaty is about our First Peoples having the structures, freedom and power to make decisions for their own communities, their culture and their country. This is empowering for every one of us. It is empowering for our state, but most importantly it is empowering for Aboriginal Victorians. We have so much to learn from our First Nations brothers and sisters, so much to reflect on, so much to celebrate and so much to build together. Treaty is more than an agreement; treaty is a coming together, a healing and an invitation to work together on a new way of doing things, a way that gives recognition to the part Aboriginal people play in our history and in our future.
She is not with us here today, but I do want to read out the words of Aunty Esme Bamblett, who represents the Metropolitan Region in the First Peoples’ Assembly and who I have had the honour of becoming close friends with over the years. In her words:
I believe in Treaty because it goes somewhere towards returning to the rightful owners of Country the rights that have been denied us since colonisation …
My ancestors would be so pleased that we finally have recognition of our rights as Traditional Owners and I want to do as much as I can to make the most of this opportunity.
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This is a time when our culture can be given the recognition it deserves in this State.
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We want to maintain our culture, strengthen the identity of our children, raise the profile of our culture, and ensure that we have a say over our countries.
She also said:
The Treaty will reinforce our status as Traditional Owners of our Country, it will give us a voice at the table and resources for us to assist our community members in need of support to reach their destiny …
Every Victorian should be proud of the progress we have made towards treaty, truth, justice and self-determination for Aboriginal Victorians. While I am relieved to see that this bill will be met with bipartisan support today, I remain wary in the knowledge that this has not always been the case. We have heard loud and clear in this chamber what the First Peoples’ Assembly of Victoria have to say about the creation of a treaty authority. There is no excuse for not listening—no excuse. Now is the time for unity, now is the time to listen, now is the time to act.
Of course alongside the treaty process the Victorian Labor government and the Assembly have worked in partnership to develop the Yoorrook Justice Commission. This is Australia’s first truth-telling process into systemic injustices experienced by Aboriginal people since colonisation. I mention this because there can be no treaty without truth telling, without acknowledging ongoing experiences of racism, discrimination, systemic barriers to opportunity and harm First Nations Victorians continue to face. We must acknowledge this truth and reaffirm our commitment to do better. We must continue to take real action—actions like our stolen generations reparations package, better support for Aboriginal health and wellbeing and stronger investments in Victoria’s world-class cultural heritage protections and First Nations infrastructure, education, workforce development and youth justice.
Every Victorian should be proud of the progress we have made towards treaty. Together we are making real change, delivering a better future in which we walk side by side in trust, in truth and in respect. I want to acknowledge the work over many years of both the current and former ministers for Aboriginal affairs; every member of the First Peoples’ Assembly of Victoria, including its co-chairs; Jill Gallagher for her work as the treaty advancement commissioner; and all the advocates and allies who have used their voices and their actions to elevate this cause and get us to where we are today. This is a historic day in our Parliament. I am honoured to commend this bill to the house.
[Hansard Draft]
