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Victoria passes historic treaty bill through the lower house

Victorian Commissioner for the Advancement of Treaty Jill Gallagher is pictured in parliament earlier this year.

Victorian Commissioner for the Advancement of Treaty Jill Gallagher is pictured in parliament earlier this year. Photo: AAP

Victoria has taken a historic step on the path to treaty, passing legislation in the lower house to enter formal negotiations with First Peoples in the state.

The bill – the most advanced of its kind in the country – will create the framework for the treaty process if it passes its next hurdle in the upper house.

“We’re doing the best that we can in leading the way in bringing such a piece of legislation to the parliament that has not been done or attempted to be done in another state,” Aboriginal Affairs Minister Natalie Hutchins told parliament.

“Quite frankly, today’s about getting on with that process and I believe that the bill that is before the house does advance the treaty process for all Victorians in a manner that really embeds self-determination.”

Labor gained support from the Greens by tabling amendments that addressed some of Indigenous MP Lidia Thorpe’s concerns.

Amendments proposed by the Greens were defeated on Thursday, as Ms Thorpe continued to pursue greater recognition of individual clans.

“The treaty between the First Peoples of Victoria and the state could have the legal effect of ceding the sovereignty of the clan or First Nation if not otherwise stated,” Ms Thorpe told parliament.

“So it is crucial the bill specify that sovereignty is not ceded so clans are not inadvertently and unknowingly stripped of their sovereign status. Also, it is crucial to ensure that they can participate in a Commonwealth treaty process should it arise.”

The party has reserved its right to submit further amendments in the upper house, where the bill will go in coming weeks.

The opposition opposed the bill, preferring a federal response instead. It comes after the federal government abandoned the Uluru Statement last year.

Speaking to reporters on Thursday, Gunditjmara man, writer and academic Richard Frankland urged the community to get behind the bill.

“This is an opportunity not just for black Australia, not just for my mob, but for every Australian. It’s for every Victorian,” Mr Frankland said.

“If it’s snatched away by any hard-thinking politicians, history won’t judge them kindly.”

Mr Frankland said the bill was for “tomorrow Australia” and implored “every Australian, every Victorian to write to your members here”.

The Labor government has spent two-and-a-half years consulting with 7000 Aboriginal Victorians to reach this point.

“Through our extensive consultation process Aboriginal Victorians have told us they want a treaty and we’ve listened. Aboriginal Victorians will continue to be at the centre of this process, every step of the way,” Ms Hutchins said.

A $700,000 grant scheme was announced on Wednesday to support traditional owner groups, Aboriginal organisations and businesses in treaty negotiations.

Payments of up to $10,000 will fund small consultations or “treaty circles”, while grants of up to $100,000 can be used for more intense and ongoing consultation, as well as research and planning.

Other states and territories are also considering tabling treaty legislation.

The Northern Territory will sign a memorandum of understanding to work towards a treaty at Barunga on Friday, ABC reported. Barunga is where then-prime minister Bob Hawke in 1988 promised a treaty, which never eventuated.

Western Australia on Thursday announced it would begin a two-year consultation process to establish an Independent Office for Aboriginal People, The Australian reported.

The South Australian government had been negotiating a treaty, but those plans were canned earlier this year with a change in government.

-with AAP

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