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| Treaty Council (Victoria) | |
|---|---|
| Name | Treaty Council (Victoria) |
| Formation | 2017 |
| Type | Statutory advisory body |
| Headquarters | Melbourne, Victoria |
| Region served | Victoria (Australia) |
| Leader title | Chair |
| Parent organisation | Department of Premier and Cabinet (Victoria) |
Treaty Council (Victoria)
The Treaty Council (Victoria) is an advisory and facilitative body established to advance treaty processes between the State of Victoria (Australia) and Aboriginal peoples of Victoria (Australia), working alongside entities such as the Victorian Treaty Advancement Commissioner and the First Peoples' Assembly of Victoria. It operates within a contested field involving statutory instruments like the Advancing Treaty/Reconcilation measures and interfaces with institutions including the Victorian Government and the Koorie Heritage Trust. The Council's remit touches on matters also addressed by the Australian Human Rights Commission, the High Court of Australia, and Indigenous representative organisations including the Victorian Aboriginal Legal Service.
The Treaty Council emerged from policy initiatives following reports such as the Yoorrook Justice Commission recommendations and dialogues catalysed after the Uluru Statement from the Heart and the 2016 Victorian Treaty Working Group discussions. Its stated purpose aligns with commitments made in accords like the Victorian Government Aboriginal Affairs Framework and directions set by leaders including the Premier of Victoria and the Victorian Minister for Treaty and First Peoples. The Council aims to advise on negotiation frameworks comparable to bilateral processes seen in international instruments such as the Treaty of Waitangi settlements and domestic settlements like agreements negotiated under the Native Title Act 1993 (Cth) and state-level mechanisms exemplified by the South Australian Aboriginal Heritage Act reforms.
The Council operates against a backdrop of legislation and policy such as the Aboriginal Heritage Act 2006 (Victoria), the Traditional OwnerSettlement Act 2010 (Victoria), and obligations articulated in the United Nations Declaration on the Rights of Indigenous Peoples. It must consider jurisprudence from courts including the High Court of Australia and precedents like Mabo v Queensland (No 2), Wik Peoples v Queensland, and subsequent native title determinations. Administrative oversight involves the Victorian Parliament, statutory reporting requirements to the Minister for Treaty and First Peoples, and interfaces with federal instruments such as the Native Title Act 1993 (Cth). Policy alignment also references advisory reports from bodies like the Victorian Auditor‑General's Office and submissions to inquiries by the Royal Commission into Aboriginal Deaths in Custody.
Membership of the Council comprises appointed representatives, including chairs, elders, legal advisors, and practitioners drawn from organisations such as the Aboriginal Victoria directorate, the First Peoples' Assembly of Victoria, the Victorian Aboriginal Heritage Council, and metropolitan and regional Traditional Owner corporations like the Wurundjeri Tribe Council and the Gunaikurnai Land and Waters Aboriginal Corporation. Appointments are made via instruments of the Premier of Victoria and subject to public service codes including the Public Administration Act 2004 (Victoria). The Council collaborates with lawyers from firms experienced in native title litigation, anthropologists associated with universities such as Monash University, University of Melbourne, and La Trobe University, and negotiators from community-controlled organisations including the Victorian Aboriginal Legal Service.
Negotiation steps promoted by the Council mirror stages seen in other settlement frameworks: recognition of Traditional Owners, establishment of representative mandates via forums such as the First Peoples' Assembly of Victoria, development of negotiation frameworks, trust‑building, and drafting of agreements with instruments modelled on settlement deeds and recognition acts like the Ngarrindjeri Land and Waters Agreement. The process engages mediators, heritage specialists, and legal teams, and draws upon templates informed by precedent cases, submissions to parliamentary committees such as the Legal and Social Issues Committee (Victorian Parliament), and comparative studies from New Zealand and Canada involving the Treaty of Waitangi and Treaties of Indigenous peoples in Canada.
The Council conducts consultations with Traditional Owner groups, community corporations, and peak bodies including the Victorian Aboriginal Community Controlled Health Organisation, the Victorian Aboriginal Education Association Ltd, and local Land Councils. Engagement strategies include regional forums, cultural protocols overseen by elders, and partnership agreements with bodies such as the Koorie Heritage Trust and municipal Aboriginal advisory committees in councils like the City of Melbourne and Yarra Ranges Shire Council. The Council’s community liaison work often intersects with health services like Aboriginal Community Controlled Health Services and legal assistance from the Aboriginal Legal Service.
Critics cite concerns raised by advocacy groups including sections of the Victorian Aboriginal Legal Service and activists aligned with the Aboriginal Tent Embassy tradition, arguing issues about mandate, consent, and scope echo disputes seen in debates over the Uluru Statement from the Heart. Legal challenges have referenced precedents such as Mabo v Queensland (No 2), and public controversies have involved commentary from parliamentarians, academics from institutions like the University of Melbourne and community leaders. Contentions include alleged conflicts with cultural authority as represented by Traditional Owner corporations such as the Djab Wurrung Clans Aboriginal Corporation and debates over statutory powers under acts like the Traditional Owner Settlement Act 2010 (Victoria).
Outcomes attributed to the Council include advisory reports, negotiation frameworks, and facilitation of talks that feed into treaties, recognition legislation, and settlement deeds. Implementation interfaces with agencies such as Aboriginal Victoria, the Department of Premier and Cabinet (Victoria), and municipal partners, and informs funding decisions by bodies like the Victorian Indigenous Economic Development program. Measured results are assessed against benchmarks used by entities such as the Victorian Auditor‑General's Office and academic evaluations from universities including Monash University. The Council’s continuing role depends on political decisions made by the Premier of Victoria and statutory instruments enacted by the Victorian Parliament.
Category:Organisations based in Victoria (Australia) Category:Indigenous land rights in Australia