Senate debates

Monday, 27 November 2023

Matters of Urgency

First Nations Australians

4:49 pm

Photo of Dorinda CoxDorinda Cox (WA, Australian Greens) Share this | Hansard source

The Greens were, proudly, the first party to commit in full to the Uluru Statement from the Heart, and we remain committed to it. It is vital that this government works with the states and territories to progress truth-telling and treaties, and to ensure that momentum is not lost following the referendum. Our communities need to see that this government, and state and territory governments, actually have our backs and will not back away to the easy option of turning their backs on community. In fact, and unfortunately, that's what we're seeing right now.

There is some work happening, and I would like to use the rest of my time to quickly whip around the country and have a look at that. Starting in my home state of Western Australia: we have what many people describe as the first treaty in our country, the Noongar Settlement, which involved the largest agreement in Australia. And we passed the Noongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Act in 2016, formally acknowledging the Noongar people as the traditional owners. WA also undertook constitutional recognition in 2005, all under Liberal governments. Unfortunately, WA hasn't moved much further beyond that, but that's another yarn for another time.

Heading north-east, the Northern Territory's Chief Minister signed the Barunga Agreement in 2018 as the basis for treaty negotiations. The Treaty Commissioner in the NT called for truth-telling to begin as soon as possible, before treaty negotiations. However, over the shutdown period last year the government quietly released its formal response to this report. The independent treaty commission was to be abolished and the government would do its own consultation.

In Queensland in 2019, the state government created two bodies: a working group and an eminent panel to conduct initial work on the path to a treaty. Both of these bodies called for a truth and healing commission, and for an independent First Nations treaty institute to be established. This year, the Queensland government passed a bill called the Path to Treaty, which stated that truth-telling and healing processes would occur over the next three years and would inform the treaty process.

In New South Wales, the Labor government made an election commitment to take their first steps towards a treaty. But, following the referendum, the New South Wales Labor government said they will not progress beyond consultation until after the next election.

Here in the ACT, the government released a report in July 2022 examining treaty processes. This report had mixed reviews, and the government apologised for poor consultation and acknowledged that healing was needed before a treaty. It's worth noting that there has been an elected body, very similar to the proposed voice to parliament, functioning in the ACT since 2008.

As Senator Stewart has already mentioned, the First Nations People's Assembly of Victoria has been established for treaty negotiations. The treaty process in Victoria is the most advanced, seeing the first treaty legislation passed in 2018. It laid out the legislative basis for negotiations and a road map. The independent Treaty Authority has been established and it is expected that negotiations will begin imminently. Further, their truth and justice commission has been operating since 2021, known as the Yoorrook Justice Commission. The commission handed down an interim report in September this year, with 46 recommendations for the Victorian government, and the final report is due in June 2024.

Down south, in Tasmania, the state government has started discussions about what a truth and treaty process should look like, showing that taking action towards truth and treaty can be done by a Liberal government. First Nations people in Tasmania have made it clear that truth-telling cannot be the end in itself but must lead to tangible outcomes. Similar to other jurisdictions, this process found mob calling for truth-telling before a treaty. In 2022 an Aboriginal advisory group was created to codesign the truth-telling and treaty processes with the Tasmanian government.

Finally, in South Australia, the state government and the Narungga Aboriginal Corporation signed the Buthera Agreement in 2018, establishing the basis for treaty negotiations. However, a change in government saw a new Liberal Premier put a pause on that. Following another change of government in 2022, earlier this year we saw South Australia become the first jurisdiction to legislate a state based voice to parliament. Elections are due in March next year, and it is expected that the treaty process will recommence shortly after this.

So although they may all be at different stages, progress is happening in most jurisdictions. But what is absolutely clear, despite the result of the referendum, is that we have a long road ahead of us and it's now time for federal leadership on this issue.

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