The Victorian government has confirmed it plans to introduce legislation to make the First Peoples' Assembly — the state's democratically elected First Nations voice to parliament — a permanent institution.
The move follows earlier revelations this week that the government will seek to enshrine the Assembly in law as a statutory corporation, much to the chagrin of the Opposition.
In a joint statement released Friday, the government and the Assembly confirmed the proposed body "will sit within our existing parliamentary and democratic structures".
"Victoria's Statewide Treaty Bill is proposed to give the Assembly decision-making powers to make sure First Peoples' communities can design and deliver practical solutions for their communities," the statement said.
Former Treaty Commissioner Aunty Jill Gallagher welcomed the announcement, telling the Herald Sun: "The most important thing is we have an independent voice, which can start making and monitoring government policies and hold them to account."
While the new body will be given a statutory role, it will not have veto power over government legislation or policy — a function that does not exist under the Victorian parliamentary system. It will remain subject to oversight from existing accountability bodies such as IBAC, the Victorian Auditor-General's Office (VAGO), and the Ombudsman.
Current negotiations between the Assembly and the state government — which sources have described as occasionally tense — are focused on defining the Assembly's responsibilities moving forward.
These include establishing an independent accountability mechanism, as outlined in the National Agreement to Close the Gap; managing decisions on issues such as Aboriginality confirmation; running a community infrastructure program; making statutory appointments to First Peoples' seats on public boards; and leading continued truth-telling, healing, and reconciliation across the state.
The proposed body will also be able to advise and make formal representations to the government, including posing questions directly to Ministers.
"Treaty is a pathway to acknowledging the past and making real, practical change to achieve better outcomes for First Peoples in Victoria and close the gap," the joint statement said.
The announcement follows the release of the Yoorrook Justice Commission's final report this week. Australia's first official truth-telling body recommended redress measures including land restitution, financial compensation, tax relief, and other supports.
In Friday's statement, the government and Assembly acknowledged the importance of Yoorrook's findings.
"The Victorian Government and the First Peoples' Assembly recognise the delivery and tabling of the Yoorrook Justice Commission's final interim report, 'Yoorrook for Transformation', and final report, 'Truth be Told,'" they said.
"The work of the Commission will have a significant impact on Victoria, helping all Victorians to understand our history by bringing to light the truth of First Peoples since the beginning of colonisation."
Premier Jacinta Allan initially indicated the new Assembly may be granted a formal role in the parliamentary system on Monday, dismissing concerns that the Voice to Parliament referendum — in which 54 per cent of Victorians voted No — had any bearing on the state's process.
"The key difference to the referendum that was put nationwide a couple of years ago is that was changing the Constitution," she said.
"This is not changing the Victorian Constitution. It is simply taking a commonsense approach – sitting the First Peoples' Assembly, an ongoing representative body, into our existing parliamentary structures.
"The significant change is it will be a body where we will be listening, taking on their advice."
However, Opposition Leader Brad Battin criticised the proposal, arguing it undermines the outcome of the federal referendum.
"Trying to introduce legislation to have a voice to parliament here in Victoria, after Victorians have already said no, flies in the face of democracy," Mr Battin said.
Since its establishment five years ago, the First Peoples' Assembly has held two elections.
It is currently made up of 33 Traditional Owners representing geographic regions across the state and Registered Aboriginal Parties. Members elected during the 2023 election — branded as the "Treaty election" — were given a clear mandate to negotiate a Treaty with the state government.
