Two Indigenous groups have recently been awarded about $100m in settlement packages
The Allan government fought to keep ministerial briefings secret from MPs voting on a Treaty — originally prepared for former premier Dan Andrews — supercharging reparations to Indigenous Victorians.
Secret ministerial briefings hidden from MPs voting on the Treaty reveals that Indigenous Victorians will be able to seek supercharged reparations through the contentious new body.
The briefing prepared for Daniel Andrews — which the Allan government fought to keep hidden until after the Treaty legislation was passed in parliament just weeks ago — also reveals two Indigenous groups have recently been awarded an estimated $100m in settlement packages.
On Tuesday, Jacinta Allan will make another formal apology to Indigenous Victorians for laws, policies and practices that contributed to injustices against them.
In the briefing, by the Department of Premier in Cabinet to ministers in 2022 and 2023, it said: “It is intended that the Treaty pathway will be incentivised as the preferred option for Traditional Owners seeking recognition and reparations.”
Reparations can be monetary, land, cultural recognition such as using Indigenous place names on signs, apologies, political representations, or positive discrimination initiatives for individuals or communities.
A government spokesman said the Treaty, which would establish Gellung Warl as an advisory body for Indigenous policy and laws – would not include financial compensation or reparations.
“The first Statewide Treaty Agreement does not include financial compensation or reparations,” the spokesman said.
However, when quizzed in parliament during debate on the Treaty legislation, senior minister Lizzie Blandthorn would not rule it out.
“All legislation, all entities created as part of legislation in this state continually evolve,” she said at the time.
“We see that in our day-to-day operations in this place, and that will continue to remain the case in relation to the evolution of Gellung Warl.”
In 2010, the Victorian government legislated the Traditional Owner Settlement Act to allow Indigenous Victorians to make out-of-court native title and compensation claims.
The briefing shows that in 2022, Mr Andrews approved settlement packages worth almost $110m to two Indigenous groups, including $36.3m over five years, plus $2.9m-a-year for the Dja Dja Wurrung Clans Aboriginal Corporation.
Another $46.1m over five years and $2.6m ongoing was approved for the Wotjobaluk, Jaadwa, Wergaia, and Jupagulk peoples via the Barengi Gadjin Land Council Aboriginal Corporation.
Mr Andrews’ ministerial briefings noted “there is no conflict in this settlement package process with Victoria’s treaty process” and that “commencement of treaty negotiations does not abrogate the state’s existing responsibilities to Traditional Ownersunder the TOS Act, Aboriginal Heritage Act 2006 and Native Title Act 1993 (Cth), including the current negotiation and settlement packages being considered prior to the caretaker period”.
Senior Liberal MP David Davis said the Allan government fought for months against the release of the ministerial briefing to him under Freedom of Information laws.
“Labor always intended reparations to be part of this treaty, they just lied about it until it was passed,” he said.
Mr Davis said despite claims by the current government that the Treaty would not lead to financial reparations, he said “the pathway is now open for claims to be made.”
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Originally published as Two Indigenous groups have recently been awarded about $100m in settlement packages
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