Queensland passes historic Path to Treaty Act

The Path to Treaty Act 2023 (Act) was passed by the Queensland Government on 10 May 2023, marking a significant milestone in Queensland's history and a big step in the road to reconciliation.

Jonathan Fulcher, Leanne Collingburn and Jess Beater outline the purpose of the Act and the next steps.

The purpose of this Act is to:

1.  establish the First Nations Treaty Institute to – 

(i)    develop and provide a framework for Aboriginal peoples, Torres Strait Islander peoples and the State to enter into treaty negotiations; and

(ii)    support Aboriginal peoples and Torres Strait Islander peoples to participate in treaty negotiations; and

2. provide for the establishment of the Truth-telling and Healing Inquiry to inquire into, and report on, the impacts of colonisation on Aboriginal peoples, Torres Strait Islander peoples and the history of Queensland.

The Act’s main principles are to ensure that, in partnership and good faith, the rights and history of Aboriginal peoples and Torres Strait Islander peoples are acknowledged and respected in accordance with:

1. the Human Rights Act 2019; 
2. the principles of the United Nations Declaration on the Rights of Indigenous Peoples;
3. the importance of self-determination for Aboriginal peoples and Torres Strait Islander peoples;
4. the importance of Aboriginal peoples and Torres Strait Islander peoples being able to give free, prior and informed consent as part of treaty negotiations and the making of a treaty;
5. the importance of respecting and protecting Aboriginal law, Aboriginal tradition, Torres Strait Islander law and Ailan Kastom; and
6. the importance of equality and non-discrimination. 

"This is why the passing of the Path to Treaty Act 2023 is such an extraordinary occasion—it ensures First Nations peoples have the freedom and power to make decisions and craft solutions on their own terms.” Professor Michael Lavarch.

Next steps for Queensland

Consultations with First Nations communities across Queensland will help shape the governance and selection of the Institute and its Council, with the aim of ensuring authenticity and inclusivity. The approach aims to recognise the diverse needs and perspectives of Aboriginal and Torres Strait Islander communities across Queensland and support effective truth-telling, healing, and treaty negotiations.

"We know there is a willingness for people to hear and get more involved in the Truth and Treaty discussions, and our Community Yarning sessions open up this dialogue to include community perspectives and aspirations into the structures that will take this historic work forward" Sallyanne Atkinson AO, Interim Truth and Treaty Body (ITTB) co-chair.

Until November 2023, the ITTB will:

1. conduct Community Yarning sessions;
2. prepare a report with recommendations on establishing structures based on the community's input; and 
3. submit the report to the Minister for Disability Services and Aboriginal and Torres Strait Islander Partnerships, Craig Crawford.

You can learn more about the Community Yarning sessions.

Treaty progress in other states and territories

Victoria: In October 2022, Victorian Premier Daniel Andrews confirmed in a media release that the Labor Government and First Nations Assembly are together delivering the next critical phase of the state’s landmark Treaty process, with the final elements (including, an established Treaty Authority, Self-Determination Fund, Treaty Negotiation Framework and a dispute resolution process) now in place to commence treaty negotiations. The Treaty Authority, once operational, will support First Peoples groups to register for Treaty negotiations and will invite the State to join Treaty negotiations. 

South Australia: In March 2022, the South Australian government recommitted to “delivering on a state-based voice treaty and truth for the Aboriginal people of our state.” In respecting the sequencing of the Uluru Statement from the Heart, the government has prioritised ‘Voice’ by introducing and passing the First Nations Voice Bill 2023. The government is expected to restart the treaty process later this year. 

New South Wales: In January 2023, as opposition leader, now NSW Premier, Chris Minns committed to starting treaty discussions if successfully elected. In April 2023, it was announced that David Harris, NSW Minister for Aboriginal Affairs and Treaty, would be consulting with Aboriginal communities, experts, and other stakeholders to decide the procedures that the NSW Government would take to treaty negotiations in the future. This will include listening to Aboriginal communities across the state as well as drawing on best practice and models being applied across other jurisdictions.  

Northern Territory: The Northern Territory’s Treaty Commission is complete following the release of the Final Report prepared by Northern Territory’s Acting Treaty Commissioner, Mr Tony McAvoy SC, and the Northern Territory’s government response on 29 December 2022. The next steps in the Treaty process for the Northern Territory are being progressed by the Treaty Unit within the Department of the Chief Minister’s Office of Aboriginal Affairs. The focus of the Treaty Unit will be to:

• program, develop and implement treaty-related policy and legislation;
• engage with a range of stakeholders to inform the development of whole-of-government approach to treaty;
• develop and establish a truth-telling process across the Northern Territory, working with the Commonwealth; and
• engage with the Commonwealth around development of an Aboriginal and Torres Strait Islander Voice at the regional, local and national levels.

Tasmania: Following the feedback from the Tasmanian Aboriginal organisations on the Pathway to Truth-Telling and Treaty Report and its recommendations published 25 November 2021, the Premier of Tasmania, Peter Gutwein, announced on 1 March 2022 that it was very clear that the processes must be led by Tasmanian Aboriginal people, and they must co-design this work. Accordingly, the Government established an Aboriginal Advisory body that can, through co-design, work with the Government to establish these two processes. This Aboriginal Advisory body representing Tasmanian Aboriginals will also provide advice on the other recommendations in the Report and on matters that affect Tasmanian Aboriginal people. To support this Aboriginal Advisory body, the Government will establish an Aboriginal Affairs, whole of Government Division within DPAC, comprising the Office of Aboriginal Affairs and Aboriginal Heritage Tasmania, as well as staff from other Departments, such as Health and Education. This new Division will be tasked to oversee and coordinate the Government’s significant Aboriginal Affairs agenda, informed by the views of Aboriginal people, which includes the Truth-telling and Treaty processes, as well as Closing the Gap, a new Aboriginal Heritage Act, and finalising the Model for Returning Land.

Western Australia and the Australian Capital Territory: Western Australia and the Australian Capital Territory have not yet engaged in formal Path to Treaty discussions. 

HopgoodGanim Lawyers

HopgoodGanim Lawyers acknowledge the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.

In accordance with our pro bono impact strategy, HopgoodGanim Lawyers intend to better educate the community about Australia’s relationships with First Nations peoples, and will continue to provide updates of Treaty progress throughout Australia. You may be interested in reading our related articles on Indigenous Affairs issues, including on the Indigenous Voice and Voice to Parliament. 

For further information contact Jonathan Fulcher or Leanne Collingburn. Discover more about our Native Title and Cultural Heritage team and how we use our legal expertise, platform and profile to deliver impact and outcomes through pro bono legal services.