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| First Peoples' Assembly of Victoria | |
|---|---|
| Name | First Peoples' Assembly of Victoria |
| Formation | 2019 |
| Type | Representative body |
| Headquarters | Melbourne, Victoria |
| Region served | Victoria |
| Membership | Elected and appointed members representing Aboriginal and Torres Strait Islander communities |
| Leader title | Co-Chairs |
First Peoples' Assembly of Victoria is a representative body established to give Aboriginal and Torres Strait Islander peoples in Victoria a voice in negotiations over treaty and truth-telling processes with the State of Victoria. The Assembly emerged from legislation and political commitments by the Andrews Ministry and operates alongside institutions such as the Victorian Treaty Advancement Commission and the Victorian Aboriginal Heritage Council. It comprises elected Elders and representatives from Traditional Owner groups, aiming to negotiate recognition, rights, and self-determination within frameworks shaped by the Aboriginal Heritage Act 2006 (Victoria), related Victorian statutes, and national dialogues involving the Australian Human Rights Commission and the National Congress of Australia's First Peoples.
The Assembly was created following the 2016 Victorian election commitment by the Labor Party and subsequent consultation led by the Victorian Treaty Advancement Commission. In 2018–2019, the First Peoples' Assembly Election process and legislative instruments were developed in the context of historic instruments like the Uluru Statement from the Heart and precedents set by the Yorta Yorta v Victoria litigation. The inaugural Assembly convened in 2019 after statewide elections and appointments, holding sitzungs to establish a treaty framework, drawing on models from international instruments such as the UN Declaration on the Rights of Indigenous Peoples and comparative processes like treaty-making in New Zealand and land settlements involving the Native Title Act 1993 (Cth). Over successive terms the Assembly has engaged with the Victorian Parliament and successive premiers, including interactions with ministers such as the Minister for Treaty and First Peoples.
Membership combines elected representatives from designated Assembly regions and members nominated by recognised Traditional Owner corporations, including entities like Gunaikurnai Land and Waters Aboriginal Corporation and Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation. The Assembly’s structure includes Co-Chairs drawn from prominent community leaders and Elders who may have affiliations with organisations such as the Victorian Aboriginal Legal Service and the Aboriginal Housing Victoria. Representation covers urban and regional constituencies, linking to communities associated with nations such as the Gunditjmara people, Boon Wurrung, Yawuru-affiliated groups, and the Gundungurra-connected communities. Membership rules reference protocols established by bodies like the Victorian Aboriginal Heritage Council and intersect with native title holders recognised through determinations by the Federal Court of Australia.
The Assembly’s primary mandate is to represent Aboriginal and Torres Strait Islander Victorians in treaty negotiations and to develop model frameworks for agreement-making, consistent with principles advocated by the Lowitja Institute and international standards like the UNDRIP. It commissions research, legal advice, and cultural protocols via partnerships with academic institutions such as the University of Melbourne and La Trobe University, and consults with organisations including the Victorian Aboriginal Community Controlled Health Organisation and the Centre for Aboriginal Economic Policy Research. The Assembly does not unilaterally make binding law but recommends treaty terms, cultural heritage protections, and mechanisms for truth-telling, reparations, and economic participation, which are then considered by the Parliament of Victoria and the Victorian Government.
Elections for elected seats were conducted statewide using an Aboriginal electoral roll and voting procedures designed in consultation with community organisations such as the Victorian Aboriginal Community Services Association Limited and the Aboriginal Legal Service of Victoria and Tasmania. Candidates often include leaders from Traditional Owner groups, community-controlled organisations, and activists connected to campaigns like the Recognise campaign and the Uluru Statement from the Heart movement. In parallel, recognised Traditional Owner corporations nominate representatives through corporate governance instruments similar to those used by entities like the Yorta Yorta Nation Aboriginal Corporation. The Assembly adopted electoral boundaries and eligibility criteria informed by precedents in Indigenous governance and statutory frameworks such as the Native Title Act 1993 (Cth).
The Assembly functions as the representative interlocutor in treaty negotiations with the State of Victoria and engages with ministers, civil servants, and legal advisors from the Department of Premier and Cabinet (Victoria). It has negotiated protocols for negotiating tables, confidentiality, and public engagement, interacting with initiatives such as the Victorian Treaty Authority and the Victorian Truth and Justice Commission proposals inspired by international truth commissions like those in South Africa and Canada. The Assembly’s outputs inform legislative proposals and cabinet deliberations within the Parliament of Victoria, while also liaising with Commonwealth bodies and national advocacy organisations including the Congress of Aboriginal and Torres Strait Islander Nurses and Midwives.
Critiques have focused on representativeness, mandate limits, and resourcing. Community groups and commentators from organisations like the Victorian Aboriginal Legal Service and media outlets have questioned whether the electoral model adequately reflects Traditional Owner decision-making, and critics cite tensions with established corporations such as the Gunditjmara Aboriginal Cooperative. Debates have arisen over transparency, the pace of treaty negotiations, and interactions with ministers in the Andrews Ministry, with legal scholars pointing to challenges akin to those in native title jurisprudence including cases such as Mabo v Queensland (No 2). Controversies have included disputes over membership eligibility, funding sufficiency, and the scope of truth-telling mechanisms.
The Assembly has provided mandates to negotiation teams, endorsed frameworks for treaty discussions, and supported community-led truth-telling initiatives referencing historical inquiries like the Bringing Them Home report. It has facilitated dialogues leading to sectoral agreements on cultural heritage, land access, and economic development with corporations, Traditional Owner groups, and state agencies, and partnered with research centres such as the Australian Institute of Aboriginal and Torres Strait Islander Studies to document histories and protocols. Notable public acts include formal negotiations with Victorian ministers, public statements endorsing the principles of the Uluru Statement from the Heart, and commissioning community consultations across regions including Gippsland, Goulburn Valley, and Western Victoria.
Category:Organisations based in Victoria (Australia) Category:Indigenous Australian politics