Victorian Parliament passes legislation to create Treaty independent umpire

By Caitlyn Grant

Aug 17, 2022

Landmark legislation: Assembly staff member Allira Dryden, Assembly member Melissa Jones, Assembly co-chairs Aunty Geraldine Atkinson and Marcus Stewart, and Assembly member Jacinta Chaplin at Victorian Parliament.

In an Australian first, legislation was passed on Tuesday, August 16 to establish an independent umpire that will oversee Treaty negotiations in Victoria.

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The landmark legislation will see the creation of the Treaty Authority as a separate entity from government and the First Peoples’ Assembly of Victoria to facilitate Treaty negotiations and resolve disputes.

Bangerang and Wiradjuri Elder Aunty Geraldine Atkinson, an Assembly co-chair, said it was encouraging to see the public and politicians willing to have the hard conversations and to finally make space for the needs of First Peoples.

“When people tell me this sounds like a very different way of doing things, I think, good!” she said.

“Treaty needs to be done on our terms, because our people need to have faith in the path forward.

“We’ve been let down too many times before, but now there is real sense of hope growing — hope that this country is ready to reckon with the past and make amends so we can create a better future together.“

The Treaty Authority will be constructed in a way that upholds First Nations culture, law and lore, and led entirely by First Peoples.

There will be a rigorous and transparent selection process to attain five members on initiation, including a public call for nominations and community feedback involvement.

The establishment follows the Yoorrook Justice Commission’s truth-telling hearings, looking into both past and ongoing injustices experienced by First Nations Elders in Victoria.

The findings were collated into an interim report, which will further inform the Treaty process.

In the next few months, the Assembly will seek to reach an agreement with the Victorian Government on the ground rules and process for Treaty negotiations through the Treaty Negotiation Framework.