Recently, Premier Annastacia Palaszczuk introduced into Parliament the historic Path to Treaty Bill 2023(Bill), formalising Queensland’s Path to Treaty following the historic signing of the Path to Treaty Commitment on 16 August 2022. The Bill seeks to establish a First Nations Treaty Institute and a formal five-member Truth-Telling and Healing Inquiry.
Jonathan Fulcher, Leanne Collingburn, Jessica Mark and Tom Kelman outline the purpose of the First Nations Treaty Institute, as well as the functions of The Truth-Telling and Healing Inquiry.
“Queensland’s Path to Treaty signals an opportunity to walk into a much brighter tomorrow, and this landmark Bill is a crucial next step toward that after the commitment made last year.” – Premier Annastacia Palaszczuk
First Nations Treaty Institute
The purpose of the First Nations Treaty Institute (the Institute) is to help prepare and support First Nations peoples in Queensland for treaty negotiations with the State.
The functions and powers of the Institute include:
- to develop a treaty-making framework;
- to consult with, support and empower Aboriginal peoples and Torres Strait Islander peoples with their treaty negotiations with the State;
- to develop and implement strategies to encourage support for treaty negotiations within the Queensland community generally;
- to support Aboriginal peoples and Torres Strait Islander peoples to record the impacts and effects of colonisation to inform their treaty negotiations;
- to undertake and promote research to inform and support the treaty-making framework and treaty negotiations;
- to provide advice and make recommendations to the Minister about the treaty-making framework and to provide advice and assist the Minister in implementing the recommendations by the Truth-Telling and Healing Inquiry established under Part 3 of the Bill.
The Institute will be governed by the Treaty Institute Council, which will consist of 10 Aboriginal and/or Torres Strait Islander members.
The Institute will not be a party to negotiations, nor act on behalf of a party to negotiations for a treaty.
Truth-Telling and Healing Inquiry
The Truth-Telling and Healing Inquiry (the Inquiry) will investigate and report on the impacts and effects of colonisation on Aboriginal and Torres Strait Islander people, through public truth-telling sessions, hearings and inviting people to give documents and other information to the Inquiry.
The terms of reference are yet to be set for the Inquiry, but Treaty Advancement Committee Co-Chair Mick Gooda stressed that the customised model would be culturally appropriate and non-adversarial.
The functions of the Inquiry include:
- to conduct inquiries into and document the individual, familial, cultural and societal impacts and effects of colonisation on Aboriginal peoples and Torres Strait Islander peoples by holding truth-telling sessions, hearings and inviting documents and other things to be given to the Inquiry;
- to conduct research into and promote community awareness and understanding of the impacts and effects of colonisation;
- to provide advice and make recommendations to the Minister in accordance with the terms of reference; and
- to undertake any other function in the terms of reference.
There will be a total of five Inquiry members, who must be majority Aboriginal or Torres Strait Islander persons and at least one:
- Aboriginal person;
- Torres Strait Islander person;
- Lawyer (of at least five years standing).
The Inquiry will be set up within three months of when the laws pass Parliament and will run for three years.
Treaty progress in other States and Territories
In June 2022, Victoria established a Treaty Authority which acted as the ‘independent umpire’ for the Treaty process. On 23 August 2022, the Treaty Authority and Other Treaty Elements Act 2022 was enacted by the Victorian Parliament following a historic agreement reached between the Government and the First Peoples’ Assembly of Victoria. Since then, Victoria and the First Peoples’ Assembly of Victoria have agreed and established all the elements required under the Advancing the Treaty Process with Aboriginal Victorians Act 2018, including a Treaty Authority, Self-Determination Fund, Treaty Negotiation Framework and a dispute resolution process. With these Treaty elements in place, Treaty negotiations can commence.
The Northern Territory’s Treaty Commission is now 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 are being progressed by the Treaty Unit within the Department of the Chief Minister’s Office of Aboriginal Affairs.
Following the release of the Pathway to Truth-Telling and Treaty Report, an Aboriginal Advisory group was formed to participate, as individuals and as representatives of Tasmanian Aboriginal people, in the important process for Truth-Telling and Treaty. The Aboriginal Advisory group will have its first meeting this year, and will be supported to undertake whatever work it feels is needed, including investigating work underway in other jurisdictions, undertaking research, seeking specialist advice and consulting with Aboriginal people across the State.
New South Wales and South Australia remain committed to beginning Aboriginal community consultations to work out the best Path to Treaty.
Western Australia and the Australian Capital Territory remain the only two states to 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.
For further information please contact Jonathan Fulcher or Leanne Collingburn.
Find out more about our Pro Bono Practice.