Allan to front truth-telling inquiry to affirm Victoria’s commitment to treaty with First Peoples

Premier Jacinta Allan will become the first state leader to appear before a formal Indigenous-led truth-telling commission on Monday, when she will stress Victoria’s commitment to a treaty with First Peoples.

The premier will deliver a prepared statement to the Yoorrook Justice Commission, saying a different approach is needed to address the injustices and entrenched disadvantage faced by Indigenous Victorians.

Premier Jacinta Allan listened to Wurundjeri leaders and commissioners at a Yoorrook Justice Commision hearing near the old Coranderrk mission, in Healesville, last week.Credit: Justin McManus

The $52.1 million Yoorrook Justice Commission is tasked with examining the historical and ongoing social, economic and political impacts of colonialism on First People’s in Victoria. This month, it has heard wide-ranging evidence on matters related to waters, land and sky.

Allan described the scheduled hearing as a “deeply significant moment”, saying she was “deeply humbled and honoured” to sit before the commission.

After delivering her statement, she will face questions from the commission relating to revenue and royalties around state resources.

Ahead of her appearance, Allan expressed her support for incorporating the commission’s work into the state education curriculum to provide a greater understanding of the issues among the wider public.

Wurundjeri leader Mandy Nicholson (centre) leads the Djiri Djiri dancers in a ceremony before last week’s hearing.Credit: Justin McManus

After listening to evidence provided to commissioners from Wurundjeri Woi Wurrung traditional owners last week, the premier reaffirmed her government’s commitment to treaty and “embracing” the pathway to negotiations with First Peoples, which will begin later this year.

“Yes, there will be challenges ... there will be people who will want to block this path. But my government, we remain determined to stay the path,” Allan said.

“We know from countless international examples that it works. It makes a difference. It can shift the dial in terms of improving outcomes for First Peoples.”

The remarks were welcomed by the First Peoples’ Assembly after it was critical of the government’s response to the Yoorrook for Justice report earlier this month. The government had earlier stated its full support for only four of the commission’s 46 recommendations.

The government supported 24 recommendations in principle and another 15 remained under consideration.

The state rejected three recommendations: on raising the age of criminal responsibility, bail reform and pursuing human rights abuses through the Victorian Civil and Administrative Tribunal.

The report called for systemic reforms of the state’s child protection and youth justice system, including overhauls that would give First Peoples oversight of key components within both systems.

The commission and assembly described the proposed reforms as crucial.

The government supported proposals to better report funding to child protection services, to improve cultural training for staff in the sector, and to include Aboriginal people when assessing the effect of decriminalising public drunkenness. It also agreed to laws protecting confidential information provided to the commission for 99 years.

Allan said the government’s response was shaped by the “complex and challenging issues” associated with overhauling the state’s justice system. She said reforms to youth justice and other areas identified in the commission’s report required “some structural change from government”.

“The pathway that the commission presented goes to some complex legal and policy questions that government also needs to work through ... We’re saying we need more time,” Allan said ahead of her submission to the commission.

She would not commit to a timeline to settle on a treaty, as she did not want to put a “false deadline” on reaching an agreement and presenting legislation to the Victorian parliament.

The process would be guided by “the parties sitting at the negotiation table”, she said.

Rueben Berg, co-chair of the First Peoples’ Assembly.Credit: Chris Hopkins

“It will be their advice that we will take in terms of when that process gets to the point that we need to present the legislation to the Victorian parliament.”

Treaty and First Peoples Minister Natalie Hutchins told the commission this month that reaching a treaty settlement before the next election, in November 2026, “would be a desire of the government”.

This was at odds with the open timeline provided in 2022 by then-assembly co-chair Marcus Stewart, who informed the inquiry that a thorough statewide treaty process could take up to 10 years, according to international models.

Assembly co-chair Rueben Berg agreed the treaty outcome couldn’t be rushed. “We’ve been waiting many years, centuries really, to negotiate treaty, so we can tolerate a few more months if it means getting it right,” he said.

Allan said the commission’s work and the treaty pathway provided an opportunity to consider “ways that we can strengthen our curriculum” in Victoria’s schools.

“There is the opportunity to consider how we lift the understanding of everyone in our community of what happened … to understand how we’ve got here,” she said.

Last week, Energy and Resources Minister Lily D’Ambrosio and Water Minister Harriet Shing were questioned by Yoorrook commissioners.

The commission’s findings and recommendations will be tabled in mid-2025 and will help inform the claims and proposals in negotiations between the state and assembly for a treaty.

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.