Thursday, 29 August 2024

Bills

Aboriginal Land Legislation Amendment Bill 2024

Second reading

Debate resumed.

Bev McARTHUR (Western Victoria) (12:47): I will continue. The fact that all the measures I have discussed apply to only a small number of Indigenous trusts, however, is what I want to talk about. They have been considered necessary by the framers of this bill, and rightly so, for the consequences of failing to ensure good governance are serious.

I want to talk now about the cultural heritage management plans (CHMP), a system administered by bodies which do not appear to have all the controls exhibited in this bill or where those controls are not being properly enforced. Cultural heritage management plans are required when high-impact activities are carried out in areas of cultural heritage sensitivity. These terms, defined in the Aboriginal Heritage Regulations 2018, are widely drawn and therefore affect a significant amount of building and development work across Victoria, even on previously built-up sites, some of which have been built on previously several times and yet might right now have to go through the entire process again, despite involving only demolition of an existing building and its replacement on the same development footprint.

The issue raised by private individuals and developers large and small is the inconsistent application of the process by registered Aboriginal parties – the RAPs – involved. In some cases apparently outrageous cost and financial demands result. They have been branded in the press by one Indigenous leader recently as ‘extortion’. There is no rhyme or reason to how they are applied. One significant issue is that because of the monopoly position held by RAPs in providing this service in their area and because of the difficulty of appeal, applicants feel compelled to go along with whatever is asked of them. It is even worse as these are often small organisations. Applicants do not dare disagree or fall out with the individual making these decisions. In some cases, because of the monopoly situation, the small number of staff and the lack of any properly objective criteria for much of the process, decisions are made based upon whether or not the decision-maker likes the applicant. It is entirely unsatisfactory.

There are also more bureaucratic and performance-related issues – time delays in dealing with applications, producing reports and approving plans. Indeed in one case the RAP being placed in administration prevented progress with any regional projects. I have spoken to a senior manager in one RAP with extensive experience of the system, who raised the following concerns: there is no expected performance standard or target for the process; costs, requirements and timescales vary significantly across the different RAPs; the department does not adequately oversee performance and will not intervene with staff, not daring to direct RAPs as to how they operate; no standard is set out for cost; and importantly, there appears to be no specified use for the moneys received.

Published accounts show the RAPs have built up cash reserves which vastly exceed annual expenditure. There is no requirement, for example, that revenue from the CHMP program be spent on historical exhibitions or educational scholarships. The heritage outcome of the program is variable at best and in many cases very poor. For example, items recovered are simply piled up in warehouses or reburied, thereby undermining the point of the legislation – and in many cases reburied only to be the subject of another cultural heritage assessment.

What all of this illustrates is not an Indigenous issue but a monopoly issue. The fact is that a monopoly without supervision, guidelines or assessment has grown into an ever larger, more expensive, more inefficient, more controlling entity. It is not a surprise, and it is not a matter of race; it is the inherent way any bureaucracy or any self-interested individual would act. Where the element of race or identity politics does arise, however, is in how and why the systems and bodies were established in the first place and why they are not properly regulated. That, I am afraid, is down to liberal guilt. Non-Indigenous department bureaucrats do not feel comfortable intervening in the manifest abuses of the cultural heritage management plan process. They do not feel comfortable overseeing, intervening in, managing or auditing the process properly, because they might feel themselves to be controlling Indigenous people and that might seem patronising or colonial. They will not hold these bodies to the same audit standards, the same financial control standards, the same accountability standards and, I am sorry to say, also on occasions the same honesty standards. They do not feel comfortable doing it themselves, and then there is the overriding horror that they might be described as racist.

When you combine this with the inherent problems of a monopoly position, which the registered Aboriginal parties hold over cultural heritage management plans, it is a recipe for inefficiency, expense, delay and in some cases corruption. I welcome the good governance detailed in this bill, but I call upon the government to consider it as part of its secret review of the process – a review which arose only when some of us started highlighting the absurdities and the impact on all Victorians through damage to development, business and house building.

Sitting suspended 12:54 pm until 2:02 pm.

Michael GALEA (South-Eastern Metropolitan) (14:02): I rise today to speak on the Aboriginal Land Legislation Amendment Bill 2024, and in doing so I acknowledge that I am here on the lands of the Wurundjeri Woi Wurrung people and I pay my respects to elders past, present and emerging of this particular nation, one of many Kulin nations. I acknowledge the very many Indigenous nations that make up the state of Victoria, including the lands of the Bunurong Bunurong, which much of my region overlaps with. We recognise the enduring connection to this land, the skies and the waterways, a connection that has sustained the world’s oldest continuing culture for well over 60,000 years.

This bill before us today is an important piece of legislation that truly underscores this government’s commitment to the principles of self-determination, reconciliation and truth-telling. The bill is not just about legal amendments, it is about making a meaningful impact on the lives of Aboriginal Victorians, empowering them to take control of their land and their future. To understand the significance of this bill let us first reflect on the historical context from which it originated. The Aboriginal Lands Act 1970 was a landmark act in Australian history, a recognition, albeit partial, of the deep injustices that had been perpetrated against Aboriginal communities throughout the dispossession of their lands. The Framlingham and Lake Tyers Aboriginal communities whose lands were taken under the guise of assimilation and economic development stood as symbols of resistance and of resilience. Their persistent advocacy for land rights culminated in the passage of that act in 1970, which for the first time recognised the principle that Aboriginal people should have control over their traditional lands. However, whilst the 1970 act was groundbreaking, it was still nevertheless limited. It established a framework that at the time was considered progressive, but it was also steeped in the corporate governance models of the day – models that did not align with the Aboriginal ways of knowing, being and doing. These governance structures imposed compliance requirements that were foreign and often burdensome on the communities that they were meant to empower. The result was a system that, while recognising land rights, also constrained the full realisation of those rights through outdated and in many cases inappropriate mechanisms.

The Aboriginal Lands Act 1991 addressed land justice for Aboriginal communities, focusing on culturally significant burial sites. It transferred site management to Aboriginal organisations, and in doing so it recognised their cultural and spiritual importance. However, the act also imposed restrictions on land use and transfer, limiting the autonomy of traditional owners and managing organisations.

Over the past five decades it has become increasingly clear that the frameworks established by these acts are not fit for purpose. The compliance requirements imposed by the 1970 act have created barriers that prevent Aboriginal communities from effectively managing their lands in a way that aligns with their cultural values. The shareholding system, which was intended to distribute ownership equitably among community members, has instead led to administrative challenges and disputes that detract from what is the primary and most fundamental goal: self-determination. Moreover, those restrictions imposed by the 1991 act on the use and transfer of Aboriginal burial sites have been a source of frustration for many traditional owners. These restrictions, whilst they were certainly well intentioned, have limited the ability of Aboriginal organisations to manage their lands in a way that reflects their cultural priorities and community needs. In essence, these acts, while they were progressive for their time, have not evolved to meet what we now understand to be the needs and the aspirations of Aboriginal Victorians.

The bill before us today, the Aboriginal Land Legislation Amendment Bill 2024, seeks to address these issues by modernising the governance structures established by those previous acts of 1970 and 1991. It removes the barriers to self-determination that have persisted for far too long now. This bill has come as a result of extensive consultation with the trust communities, with traditional owners and with other stakeholders, who have provided invaluable input throughout the review process.

The amendments to the 1970 act will update the shareholding system and governance requirements for the Framlingham and Lake Tyers Aboriginal trusts. This includes simplifying the processes for share transfers, strengthening governance provisions and modernising the language used in the act to reflect contemporary understanding of Aboriginal governance. These changes are designed to make it easier for the trusts to manage their lands in a way that aligns with their cultural values and priorities, while also ensuring that the governance structures put in place are transparent, accountable and effective.

Additionally, the bill will amend the 1991 act to remove the restrictions on the use and transfer of the Ebenezer and Ramahyuck mission cemeteries. These cemeteries, which hold deep cultural and spiritual significance for the traditional owners, will now be managed in a way that reflects the wishes of the Aboriginal communities which they serve. This includes the potential transfer of these lands back to the traditional owners, ensuring that they will have full control over these sacred sites.

At the heart of this bill is the principle of self-determination. ‘Self-determination’ is not just a buzzword or a lofty policy goal, it is a fundamental human right that has been denied to far too many Aboriginal people for far too long. It is the right to control one’s own future, to make decisions about one’s own life and to govern one’s own community according to one’s values and priorities. The amendments which are proposed in this bill are designed to empower Aboriginal communities to exercise this human right. By removing the barriers imposed by the outdated governance structures and well-intentioned but ultimately flawed restrictions on land use, this bill will enable Aboriginal communities to manage their lands in a way that reflects the cultural values and aspirations which they have. It will also provide them with the tools they need to build a future that is grounded in their own traditions, whilst also being responsive to the challenges and the opportunities that the modern world presents.

The government’s decision to implement the recommendations in two phases is a decision that was not taken lightly. It was based on the careful consideration of the complexities involved in reforming legislation that has been in place now for well over 50 years. The implementation of all the recommendations at once would have been a monumental task, and there was a real risk that in doing so we would not get it absolutely right. By taking a phased approach we will ensure that each stage of the reform is implemented with the appropriate care and attention that it deserves and that we are able to respond to the feedback and the evolving needs of the communities that we are serving. Moreover, we are committed to continuing our engagement with the trust communities throughout the implementation process. This bill is just the first step in a broader journey of reform, and we will continue to work closely with the Aboriginal communities as we move into the second phase of this process. This will include addressing the remaining 14 recommendations of the review, which will involve further analysis, further community engagement and more consideration of the interdependencies between the various different aspects of the reforms.

Legislative reform is important, but it is not of course enough on its own. True self-determination requires ongoing investment in the capacity of Aboriginal communities to govern themselves and to manage their lands effectively. That is why our government has committed significant resources to supporting the Framlingham and Lake Tyers trusts, including funding for critical infrastructure upgrades designed to strengthen the resilience and sustainability of these communities in addition to governance and other capacity-building programs. For example, in the 2024–25 state budget there is $12.544 million to support the operation of the trusts and ensure that they can deliver essential services to residents safely and effectively. This funding will also support the implementation of long-overdue infrastructure upgrades, such as a new wastewater management system at Framlingham and a new jetty at Lake Tyers, which will help to reduce the risks to human safety as well as the environment. Additionally, the 2022–23 state budget allocated just over $1 million over four years to support self-determined governance and wellbeing programs at both trust communities. These programs are designed to build social cohesion, invest in future leaders and strengthen the governance capabilities of these trusts. We are also providing resources to help the trust communities better understand the 1970 act and its shareholding system, ensuring that they have the knowledge and the tools that they need to navigate the complexities of the legislation that currently exists.

This bill is part of a broader effort by this government to advance reconciliation, treaty and truth-telling in Victoria. We are proud to be the first state in the nation to be pursuing treaty, and we are committed to ensuring that this process is driven by the voices and the aspirations of Aboriginal Victorians. Treaty is not just about formal agreements; it is about recognising and addressing the deep historical injustices that have been perpetrated against Aboriginal people in this state, and it is about building a new relationship, one that is based on respect, trust and dignity. It is about giving Aboriginal people a say in the decisions that affect their lives and ensuring that their rights, their culture and their identity are respected and upheld. The Yoorrook Justice Commission, Australia’s first formal truth-telling inquiry, is also a critical part of this process. The commission is shining a light on the systemic injustices that have been inflicted on Aboriginal Victorians since the days of colonisation. Its findings will also inform those treaty negotiations and our broader efforts to create a more just and equitable society. I must also acknowledge that we do have the First Peoples’ Assembly of Victoria, now in its second term, which is also a significant part of ensuring that Indigenous voices are heard and are heard by government.

In addition to addressing land rights and governance, this government is also committed to protecting Aboriginal cultural sites and heritage in Victoria. Our state’s cultural heritage management system places traditional owners at the heart of decision-making about their cultural heritage, ensuring that the protection of this heritage is led by the communities who have the deepest connection to it. These laws are amongst the strongest in the country, providing robust protections for Aboriginal sites but doing so in a way that also ensures that development can proceed in a way that is respectful of Aboriginal culture and history. We are committed to the continuous improvement that needs to be made in this area and are actively engaging with various parts of industry, local and Aboriginal communities and stakeholders to ensure that our cultural heritage management system remains effective, efficient and responsive to the needs of Aboriginal Victorians and non-Aboriginal Victorians alike.

The Aboriginal Land Legislation Amendment Bill 2024 is a powerful statement of this government’s commitment to self-determination, reconciliation and truth-telling. It is a recognition of the strength, the resilience and the wisdom of Aboriginal Victorians and a commitment to supporting their aspirations for a future that is grounded in those traditions. As we move forward with these reforms, we do so with a deep sense of responsibility and a commitment to working in partnership with our Aboriginal communities. We recognise that there is more work to be done but are determined to continue this journey together. I commend the bill to the house.

Samantha RATNAM (Northern Metropolitan) (14:18): I rise to speak to the Aboriginal Land Legislation Amendment Bill 2024. I want to start by acknowledging the traditional owners of this land, the Wurundjeri, Woiwurrung and Bunurong peoples of the Kulin nation. I pay my respects to their elders and to the First Nations communities who have been fighting tirelessly for land justice. I acknowledge that Parliament has a long, shameful history of making decisions for First Nations people without their permission and that a lot needs to change if First Peoples are to have full, true self-determination.

This bill amends the Aboriginal Lands Act 1991 to remove restrictions on how traditional owners use and transfer interest in the land located at Coranderrk, Ebenezer and Ramahyuck missions. The bill also amends the Aboriginal Lands Act 1970 to implement some of the recommendations of an independent review of the act which was conducted in 2021. The Aboriginal Lands Act 1970 was a truly historic piece of legislation that was hard fought and won by the Lake Tyers and Framlingham communities. It saw the first freehold land handed back to First Nations people in Australia. This came before the native title framework and before the concept of traditional ownership. To get there the Lake Tyers and Framlingham communities overcame violent, racist and assimilationist policies stemming from the mission history of these sites. They prevailed, and their achievement was a key milestone in the ongoing struggle for First Nations land justice. The original Aboriginal Lands Act 1970 established a system which vested land in two trusts and gave residents of Lake Tyers and Framlingham the right to hold personal shares in the trusts. This allowed these First Nations communities to make decisions about their own land. Fifty years on from the trusts’ establishment the government commissioned a review from the act in 2021.

The review produced 42 recommendations, which the government committed to implementing in two phases. The bill before the chamber today gives effect to phase 1 and has a focus on amending the trusts’ governance. It makes changes to the administrative requirements of the trusts and how shares are transferred. The bill also includes amendments which were not recommended by the independent review, such as changes to rules around the governance and composition of the trusts’ board.

In developing this bill we are told that the government conducted some consultation with the Lake Tyers and Framlingham communities in February and that representatives from both communities had written to the government to confirm their support for the bill. However, in recent weeks it has come to our attention that some community members were not consulted through this process and that in fact they did not know the consultation process had taken place. They expressed their discontent with the bill and urged the government to slow down and undertake a more fulsome consultation process before progressing with the bill. We are informed that one of the trusts’ board and committee, along with the shareholders from the other trust, has written to the minister this week opposing the bill. The relevant board is newly formed following a period of administration for that trust. The community members we have spoken to raised concerns about some of the clauses in this bill, that the bill process seems out of step with treaty, and they especially took umbrage with the government’s consultation approach. They felt that insufficient consultation took place to inform this bill and that many shareholders and community members did not get a say. This legislation has come as a complete surprise to many as well. They tell us that while some shareholders were consulted, the ultimate decision-making process was not one where informed consent from the community was sought.

We acknowledge that there are members of the two communities who do support this bill and who are eager for change. In particular, people raised with us issues around the complexity of the current system, making it difficult for traditional owners to fully engage, and many traditional owners living on country are not entitled to shares, something which community members did not feel is fair or right. But there are also community members who feel the government has not heard what they have to say on this legislation. Despite all of this, it is clear that the bill will pass today as the opposition have indicated their support for it, so it will have the support of both Labor and the Liberals and Nationals in this chamber, which means it will have the overwhelming numbers to pass in the Parliament.

I am concerned that this is happening when we are about to embark upon a treaty process. We do not want community members feeling shut out of or blindsided by processes that affect them. The government has signalled that it will begin a second phase of reform for the two trusts in the next year, and it is my understanding that the intended reforms will be more complex, as these changes will go to the very heart of how the trusts function. Given the concern about consultation on this first bill, many community members are rightfully wary. We hope that the government will commit to deep community engagement and really listen to the needs of the Lake Tyers and Framlingham communities. Clearly something in the approach taken by the government has not worked, and some community members are feeling disenfranchised and in the dark. The government cannot afford to keep repeating mistakes of governments past and get this wrong. Self-determination is a deeply important principle and must be adhered to, as should free, prior and informed consent.

I also want to put on record that this Labor government has refused to commit to a number of significant recommendations made by the Yoorrook Justice Commission, including raising the minimum age of criminal responsibility to 14. They continue to woefully underfund Aboriginal community controlled organisations. Meanwhile Victoria is falling behind on closing the gap targets. Under Labor Victoria has the highest rate of First Nations child removal of all states. It is unacceptable. Labor also continues to sell off swathes of public land that could potentially form part of treaty reparations or be used for public purposes like much needed Aboriginal housing. For treaties in Victoria to be meaningful and enable true self-determination for First Nations people, Labor must commit now to the treaty principles across all areas of government work. This means handing over real decision-making power to First Nations communities. It means sustainably funding essential services, not leaving important ACCOs to serve First Nations people on a shoestring budget. To achieve true land justice and First Nations sovereignty, self-determination and free, prior and informed consent must be at the heart of any actions going forward.

Jacinta ERMACORA (Western Victoria) (14:24): I am pleased to speak on the Aboriginal Land Legislation Amendment Bill 2024, and in doing so I want to acknowledge the traditional owners and custodians of the land on which this Parliament stands, the Wurundjeri Woi Wurrung people of the Kulin nations. I also want to pay my respects to the clans of the Eastern Maar and Gunditjmara nations along with the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and the Jupagulk people in my electorate in south-west and western Victoria. I pay my respects to their elders and ancestors, elders from all Victorian First Peoples and any elders and other Aboriginal people who may be joining us today.

We recognise that true reconciliation starts with self-determination. With this bill the Allan Labor government is ensuring legislation enables traditional owners to take control of their own destiny. This bill goes towards addressing recommendations from the independent review into the Aboriginal Lands Act 1970. It makes amendments to the Aboriginal Lands Act 1970 and the Aboriginal Lands Act 1991. This bill seeks to bring about clearer, straightforward processes for stakeholders in a trust as well as greater transparency and strengthening governance mechanisms. The bill improves the way land is managed at the Framlingham and Lake Tyers Aboriginal trusts. This bill removes the restrictions placed on First Nations people under the Aboriginal Lands Act 1991 for the Ebenezer and Ramahyuck mission cemeteries, and the bill addresses past racist laws by removing the frameworks that created significant compliance requirements that created barriers for communities. References to the Coranderrk mission cemetery remain unchanged, in line with the aspirations of the Wurundjeri traditional owners.

This bill is about addressing past racist legislation that prevents full self-determination by First Nations people. The shameful truth is that First Nations people have been subjected to racist legislation since colonisation, with the effects of the declaration of terra nullius still felt by First Nations people today. We know that First Nations people have managed, farmed and lived on country for thousands of years. The evidence of this can be seen across our state if we look at the landscape from their perspective rather than through our own Western eyes. One famous example is the Budj Bim National Park near Portland in south-west Victoria in my electorate. I have had the deep privilege of visiting this place for nearly two decades now. Every time I go there, meet people and interact with the landscape, my appreciation for what was there before European settlement grows. These lands are managed by the Gunditj Mirring Traditional Owners Aboriginal Corporation. Budj Bim is evidence of a well-established aquaculture farming facility where breeding, processing and trading of eels and eel products occurred. As well as hydrology, engineering, landscape management and business the Budj Bim landscape hosts stone homes and villages, which is evidence of strong social structures and governance, all of this operating thousands of years prior to European settlement. When I say that self-determination was not an aspiration prior to this time, what I mean is that the Gunditjmara people had complete and utter self-determination from the perspective of governance, law, justice, business, economy and society prior to European settlement.

Self-determination is a goal that seeks to re-establish as best as possible the dignity of self-determination over issues that affect Aboriginal people. Generations of First Nations people have called for treaty and for land rights to allow them the freedom to self-determine decisions that affect them, their communities and their country. In the late 1960s the Framlingham Aboriginal community in my electorate – it is near Warrnambool – and the Lake Tyers Aboriginal community advocated for land rights. Framlingham was a former mission site where we know in the past cultural practices were banned; decisions on marriage and where people resided were taken from Aboriginal people; decisions on health, justice practices and family structure were dismantled; and decisions on the welfare of children were taken away as well. Framlingham, like other mission sites, was a place where our state’s racist assimilationist laws sought to dampen First Nations peoples’ right to self-determination.

In 1970 the Aboriginal Lands Act was brought into effect in direct response to that strong advocacy from the Framlingham and Lake Tyers Aboriginal communities. This piece of legislation was nation-leading at the time. It was the first time that the Victorian Parliament recognised Aboriginal land rights and the very first step towards self-determination for First Nations people. The 1970 act saw community members of Framlingham and Lake Tyers Aboriginal trusts allocated shares in the trusts, granting them freehold title of the land. Community owns a part of the trust; the trust owns the land. This is how the community members indirectly own the land.

Now, in 2024, that act is outdated and inadequate at promoting self-determination. It is not fit for purpose in promoting economic independence for the trusts, shareholders and non-shareholder residents. The current act contains no review mechanism and no checks and balances to ensure that it remains consistent and at pace with the Allan Labor government’s work for First Peoples. The minor amendments over the last 50 years have failed to keep the vision of giving back to the First Peoples of Framlingham and Lake Tyers the power and sense of belonging that was theirs with their ownership of country. At present the act contains many unfair administrative requirements of the trusts, which greatly impact on their ability to comply with the legislation as it currently sits. The legislation contains duplicative financial reporting requirements, issues with shareholding systems and legislated processes for share transfers, ineffective provisions for accountability and transparency and ineffective government arrangements.

In July 2016 the government made a promise to begin reviewing the 1970 act. The independent review was completed in 2021. A series of recommendations came from the review, with the purpose of strengthening governance and share transfer mechanisms. In 2023 the Allan Labor government committed to ensuring all recommendations from the review would be implemented. This bill brings together 22 legislative recommendations supported by this government. Phase 1’s focus, which is this bill, is upon the reduction and easing of unfair administrative requirements upon the trusts. There will be a phase 2 where the remainder of the recommendations will be addressed. Further to this it will improve the share transfer process and increase transparency and accountability in the governance arrangements of the trusts. This bill will give trusts the powers to carry out business on trust land. Trusts will see greater improvements to the governance arrangements of the board of administrators model under the 1970 act. Phase 2 of the process will see 13 legislative recommendations and one non-legislative recommendation implemented. With these phases we continue forging ahead on this path to First Peoples determination. This is a path the Victorian government fully supports, to enable the Framlingham and Lake Tyers First Peoples communities to be self-governed and use trust land for the benefit of residents and shareholders.

The 1991 act was another effort of government to address the calls from First Peoples communities for land justice. The act granted freehold title for the management and protection of significant Aboriginal burial sites to the Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation, the Goolum Goolum Aboriginal Cooperative up in Horsham and the Gippsland and East Gippsland Aboriginal Cooperative. The sites were the Coranderrk mission near Healesville and the Ramahyuck mission near Sale, both of these missions created in 1863, and the Ebenezer mission near Lake Hindmarsh, which was created in 1859. These missions, like all of the missions created, in time saw traditional owners dispossessed of their traditional lands and relocated. Like many colonisation stories the creation of these missions was driven by racism, paternalism and a religious-centric belief that this was the only way to so-called ‘help’ First Peoples. These missions were less about the welfare of traditional owners and more of a way to control, monitor, segregate and exploit them. As Minister Hutchins said in her statement to the Yoorrook Justice Commission:

It is shameful to think that the State’s answer to providing for First Peoples who they had dispossessed of lands and waters, was to place them on small pieces of land with little supplies and to temporarily loan – not give – reserve residents blankets and clothing.

These missions were also places where children were taken away from their parents, splitting families up and causing enormous distress. It is shameful to think that so much of this forced relocation was done simply because new settlers wanted the land that First Nations people were inhabiting at the time.

The creation of the 1991 act saw culturally significant land returned to Aboriginal organisations; however, it created restrictions on their self-determination. The act prohibited First Nations people from transferring their interests in the land and restricted usage of the land to cultural or burial practices. The Allan Labor government is determined to redress this wrong. In accordance with the express wishes of the titleholders and traditional owners this bill will remove restrictions on the Ebenezer and Ramahyuck mission cemeteries and allow the transfer of these cemeteries to the traditional owners. In line with the wishes of titleholders, the traditional owners, all references to the Coranderrk mission cemetery will remain unchanged.

Our understanding of self-determination has come a long way since the 1970s and indeed even the early 1990s. The amendments in this bill are as a result of listening to communities. The original paternalistic prescriptions that governed how traditional owners could use their lands; the corporate structures imposed, which did not reflect how the communities governed themselves; and the requirements for these communities to report to the minister are all amended in this bill. Throughout the independent review of the 1970 act and the drafting of this bill before us today, the trust communities were meaningfully engaged with and consulted. Framlingham Aboriginal Trust expressed that the amendments will bring the act in line with current legislation, enable the trust to create corporations to do business on the lands and develop strategic plans which will assist the trust with forward planning.

This bill directly responds to the wishes of these communities. The Allan Labor government continues to support the trust communities through budget investments. The 2024–25 state budget provides $12.54 million to support operation of the trusts to ensure they can deliver municipal and other essential services safely to residents. In closing, the bill is a result of direct and open conversations with communities today. This is phase 1 of the two phases, which goes towards ensuring trust communities have self-determination. The Allan Labor government will not just stop with recommendations of the 2021 review, but we must ensure that we forge ahead and we remain consistent, with self-determination for First Peoples at the forefront. I commend this bill to the house.

Ryan BATCHELOR (Southern Metropolitan) (14:39): I am pleased to rise and join colleagues making contributions today on the Aboriginal Land Legislation Amendment Bill 2024, which is an important piece of legislation that seeks to amend the Aboriginal Lands Act 1970 and the 1991 act to make some important updates to the governance arrangements for the Lake Tyers and Framlingham trusts and also to effect arrangements to facilitate the transfer of some Aboriginal burial sites in the state. The legislation we are dealing with today marks what I think is an important moment in updating these governance arrangements but also should be seen within the context in which they sit, which helps us to look at the context which this bill sits in and the context that the principal acts that it seeks to amend also sat within. Obviously this state is moving ahead on a path towards treaties with the First Peoples of the land we now call Victoria. It is doing so in a thoughtful, structured and consultative way that is putting principles of self-determination for Aboriginal Victorians at the heart of this process.

Earlier this week I was, as all members of Parliament were, invited to a forum hosted by the First Peoples’ Assembly of Victoria to discuss how the path to treaty is progressing. As the co-chairs of the First Peoples’ Assembly noted at that event held earlier this week in the south library, there was no specific occasion or event to mark. It was not being done to announce anything or to mark an anniversary; it was being done as part of an ongoing process of engagement and information about the treaty process here in Victoria. It was a signifier of how seriously the First Peoples’ Assembly of Victoria, Victoria’s Aboriginal community, the Victorian government and, by their attendance, most members of this Parliament take that process, and it really demonstrates the landmark nature of the work that Victoria is doing to head towards the path to treaty – work that is at the forefront of what is going on in this nation with respect to the way we as colonisers engage with Aboriginal Australians.

The 1970 piece of legislation that the bill here seeks to amend was also a very significant piece of legislation. It was the first time that the state of Victoria recognised and the first piece of legislation that the Victorian Parliament passed recognising Aboriginal land rights. It was a Liberal government at the time making that recognition in the wake of a very significant moment in our nation’s history, being the 1967 referendum, which changed our constitution to remove some provisions that were racist, and that began a process. It was the first step in a multiyear process of the recognition of Aboriginal Australians here in Victoria as custodians, owners, of land and commenced a process of land rights. Obviously Victoria passed the Aboriginal Lands Act in 1970. It was followed several years later by landmark land rights legislation at a Commonwealth level.

Here in Victoria that Aboriginal Lands Act 1970 created the trusts on former mission sites in Framlingham and Lake Tyers, because those communities had been vocal advocates for the right of self-determination. Those trusts, as prior speakers have mentioned, were created on the sites of former missions, which themselves were constructs designed to deny the First Peoples of Victoria the land that they had cared for for thousands of years and were an express denial of their right to self-determination. What the land rights legislation did, what the Aboriginal Lands Act did, in 1970 was to create these trusts and give the freehold titles to these Aboriginal communities in a form of collective ownership through a trust structure in which the title land was held by the trust and members of the community were members of that trust, so that in an indirect and collective sense the Aboriginal communities finally owned this land.

It was landmark at the time, but as with many schemes of governance that were created in earlier eras, it has become outdated and inadequate for achieving the legislative goals or the underpinnings, the policy goals, of promoting self-determination for the trust shareholders and other residents of the sites. There has been periodic amendment over the last 50 years to try and ensure that there has been a contemporary policy connection to the original intent and that we have given effect to the original intent of land rights and self-determination, but there are several issues around governance and operational requirements that are currently rooted in outdated corporate governance models that, instead of enabling, are putting barriers in the way of that sort of self-determination for communities and that are making it harder, not easier, for communities to make decisions about and manage their lands.

The bill by enacting these amendments seeks to create a better future for all members of these communities by listening to them and supporting their priorities. The bill has arisen following a very extensive review of the 1970 act. Back in 2016 the Labor government committed to reviewing the act with the aim of improving governance and self-determination. An independent review of the 1970 act was commenced and concluded a few years later in 2021, and in 2023 the government publicly committed to implementing all the recommendations of the independent review in two phases. This bill gives effect to phase 1 of the government’s response to that independent review. It will implement 22 legislative recommendations which the government has supported in full. Phase 1 is strengthening governance mechanisms and improving the shareholder system of the Framlingham and Lake Tyers trusts and also lays the groundwork for phase 2 and further reform. That further phase, which is not being dealt with by the bill today but which the bill lays the groundwork for, will look at the implementation of the remaining 14 recommendations, and that itself will need to be the subject of further engagement, consultation and implementation of the necessary interdependent recommendations from phase 1. The reforms to the act will not end with the implementation of the recommendations from the independent review. The Labor government will continue to support Aboriginal communities to pursue self-determination so that the Framlingham and Lake Tyers communities can be truly self-governing and use the trust lands for the benefit of residents and shareholders alike.

The other principal act that this bill seeks to amend is the Aboriginal Lands Act 1991, which was a further attempt to answer the calls for land justice in this state – calls for land justice that grew stronger after the protest movements arising following 1988. The 1991 act granted freehold title for the management and protection of significant Aboriginal burial sites to the Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation, the Goolum Goolum Aboriginal Cooperative and the Gippsland and East Gippsland Aboriginal Cooperative. These sites included the former Coranderrk mission, located near Healesville on Wurundjeri country, the former Ramahyuck mission, located near Sale in Gippsland on Gunnai/Kurnai country – both of which were established in 1863 – and also the former Ebenezer mission, located near Lake Hindmarsh on Wotjobaluk country, which was established in 1859. Again the establishment of these missions enabled the dispossession of First Peoples from their traditional lands and their relocation. I think, as others have quoted, Minister Hutchins gave very compelling evidence at the Yoorrook commission earlier that this move reflected the paternalistic and racist attitudes of the time and had the effect of facilitating the removal of children and discouraging the continued speaking of languages and the practice of Aboriginal culture. They were not focused on welfare but became places of segregation and exploitation. So the history of these places is not a pleasant one.

What the 1991 act sought to do was to transfer some culturally significant land to Aboriginal organisations, but it restricted self-determination by prohibiting them from transferring their respective interests in the land and restricting their use of the lands to Aboriginal cultural and burial purposes. The continuation of these restrictions is really not in keeping with principles of self-determination where landholders should be able to exercise their rights in the land that they own. This bill will empower the Aboriginal organisations to do such things. It does so in line with the wishes of titleholders and traditional owners, removing restrictions on the Ebenezer and Ramahyuck mission cemeteries to allow for the transfer of these cemeteries to the traditional owners. In line with the titleholders and the traditional owners, the references to the Coranderrk mission cemetery are to remain unchanged. These amendments are in line with the recommendations of the 2021 review of the 1991 act. The amendments will also fulfil the government’s legal commitments in its recognition of settlement agreement to use best endeavours to return the ownership of the Ebenezer mission cemetery to the Barengi Gadjin Land Council Aboriginal Corporation, who represent the traditional owners in the land encompassing the Ebenezer mission. This government’s understanding of self-determination has come a long way since 1970, and these amendments are responding to what Aboriginal communities want.

The corporate structures that underpin that attitude that was embedded in legislation are being amended. The corporate structures that sought to disenfranchise and not reflect the will of communities are being amended in this legislation. I think it is important to note that the communities affected, the trust communities, were consulted throughout the review process of the 1970 act that recommended these legislative amendments – so the process that concluded in 2021. They have also been meaningfully engaged in the drafting of this piece of legislation that we are debating here today. During that process, as you would expect from a meaningful engagement process, additional amendments reflecting those wishes have been incorporated.

The public service regularly meets with trust communities to engage and reflect, and the trusts have indicated their support. Earlier this year the Minister for Treaty and First Peoples visited Lake Tyers, where local communities expressed their support for the improved governance systems which will be made through these amendments. There has been extensive consultation, as there should be, on significant legislation like this that affects the interests of Aboriginal Victorians – Aboriginal Victorians who were in receipt of the first parts of land justice delivered by this Parliament back in 1970. We have a lot more to do to deliver ongoing self-determination and ongoing land justice for Aboriginal Victorians, and for as long as I am a member of this Parliament I will continue to advocate for that justice.

Sonja TERPSTRA (North-Eastern Metropolitan) (14:54): I also rise to make a contribution on the Aboriginal Land Legislation Amendment Bill 2024, and in so doing I wish to acknowledge the traditional Aboriginal owners of the land on which we are gathered today. I wish to pay my respects to them, to their culture, to their elders past and present and to elders from other communities who may be here today but also to other elders who may be watching us on the live stream as well. As I just indicated, we are meeting on Aboriginal land that was stolen, and it always was and always will be Aboriginal land. I acknowledge their strength, resilience and continued connection to their country, skies and waterways.

The Victorian government is committed to true reconciliation, truth-telling and treaty with First Peoples. The Victorian government is committed to true reconciliation, but this can only occur by empowering and supporting Aboriginal people through self-determination. We recognise that true reconciliation begins with self-determination. That is why the Allan Labor government is ensuring that legislation enables traditional owners to take control of their own destiny.

I am really pleased to say that part of my North-Eastern Metropolitan Region is the Mullum Mullum gathering place, which is based in East Ringwood, and I just want to give a shout-out to the people there, who do amazing and very important work. I want to acknowledge that the Mullum Mullum gathering place is I think the second-largest gathering place in Victoria, and I have learned so much about the needs of First Peoples, their history, their culture and also the continued journey upon which they travel towards self-determination, truth-telling and healing. It is always a real pleasure to visit them at the gathering place.

I turn back to the bill that is before the chamber today. The bill will improve the way the land is managed at the Framlingham and Lake Tyers Aboriginal trusts in addition to removing restrictions on decisions made about Aboriginal land by Aboriginal communities at the Ebenezer and Ramahyuck mission cemeteries. It does this by effectively amending two acts, and these acts were enacted in 1970 and 1991.

The 1970 act has never substantially been updated since being enacted, and of course it is now well over some 50 years ago that that occurred. Many of the governance and operational requirements in that act are rooted in outdated corporate governance models. As things evolve, obviously there is a need for change and updating. This has clearly been some time in the works, but better late than never, nevertheless. The frameworks have imposed significant compliance requirements, creating barriers for the communities. It has actually over time made it harder for communities to make decisions about and manage their own lands, and as I just talked about in the introduction to this speech, it is really critically important that we continue on the path to self-determination for First Nations people. At the time of enactment no consideration was given to the role of Aboriginal models of governance and cultural ways of doing business, which causes significant barriers today, and this bill will change that. The bill will help build a better future for all community members by listening to and supporting the priorities of First Peoples and strengthening existing systems.

The purpose of the bill is to amend the Aboriginal Lands Act 1970 and update the shareholding system and governance requirements of the Framlingham Aboriginal Trust and Lake Tyers Aboriginal Trust. It will help give effect to phase 1 of the Victorian government’s response to the independent review of the Aboriginal Lands Act 1970 by implementing 22 legislative recommendations, supported in full. The bill will also amend the Aboriginal Lands Act 1991 to remove use and transfer restrictions for the Ebenezer and Ramahyuck mission cemeteries. These amendments implement in full all the recommendations of a review of the 1991 act. Further to that, the bill will also modernise both these acts.

The Aboriginal Land Act 1970 was a landmark piece of legislation. It was the first time that the Victorian Parliament recognised Aboriginal land rights and was the government’s first attempt to recognise self-determination. It was created in direct response to the Framlingham and Lake Tyers Aboriginal communities’ advocacy for land rights. As former mission sites, the Framlingham and Lake Tyers sites represent the state’s past racist, segregationist and assimilationist laws which actively sought to deny First Peoples any form of self-determination at all. The 1970 act saw members of the Framlingham and Lake Tyers Aboriginal trusts allocated shares in the trust, granting them freehold title of the land. Each member holds part of their trust, and that trust in turn owns the land. Despite being landmark legislation at the time, the scheme is outdated and remains inadequate in achieving the act’s goals in full of promoting self-determination and economic independence for the trusts’ shareholders and non-shareholder residents. Periodic minor legislative amendments over the past five decades have failed to ensure the 1970 act remains consistent with its purpose of giving back to the people of Framlingham and Lake Tyers the dignity which was theirs in the original ownership of the land.

Currently there are unfair administrative arrangements and requirements of the trust impacting their ability to actually comply with the legislation, and some of these restrictions include duplicative financial reporting requirements, issues with the shareholding system and legislative process for share transfers, ineffective accountability and transparency provisions, and governance and composition arrangements. That is just simply not effective, and we need to provide the trusts with the powers to carry out business on trust land in a way that works for them and in a way that enables true self-determination.

As part of the journey to reform, in July 2016 the Victorian government publicly committed to reviewing the 1970 act with the aim of improving governance and enabling greater self-determination. The independent review of the 1970 act concluded in 2021, and then in September 2023 the Victorian government publicly committed to implementing all the recommendations of the independent review in two phases. The bill gives effect to phase 1 of the government’s response to the independent review. It will implement 22 legislative recommendations, supported in full, and phase 1 will strengthen the governance mechanisms and improve the shareholding system. Once that is implemented, that will then lay the groundwork for phase 2 of the reforms and any further reform.

Phase 2 will consider implementing the 14 remaining recommendations, subject to further analysis, community engagement and the implementation of interdependent recommendations from phase 1. This includes clarification of shareholdings at both trusts. The second phase of reform will commence after shareholdings are clarified and further discussions are held with the trust communities around mechanisms to better support governance and resolve any disputes as they arise and if they arise. Reforms to the 1970 act will not end with implementing all the recommendations of the independent review, and the Allan Labor government will continue to support Aboriginal communities to pursue self-determination so that the Framlingham and Lake Tyers communities can be truly self-governing and use the trusts’ lands for the benefit of residents and shareholders alike.

Moving forward in time along the journey, the 1991 act was another effort to answer calls from the Aboriginal communities for land justice. It granted freehold title for the management and protection of significant Aboriginal burial sites to the Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation, the Goolum Goolum Aboriginal Cooperative and the Gippsland and East Gippsland Aboriginal Cooperative. The sites included the former Coranderrk mission located near Healesville on Wurundjeri country and the former Ramahyuck mission located near Sale in Gippsland on Gunnai/Kurnai country, and both of these were established in 1863. It also includes the former Ebenezer mission located near Lake Hindmarsh on Wotjobaluk country, and that was established in 1859. Through the establishment of these missions First Peoples were dispossessed of their traditional lands and relocated. These matters have been the subject of inquiries at the Yoorrook Justice Commission, with the Minister for Treaty and First Peoples Natalie Hutchins stating:

… the State’s establishment of missions and reserves at Coranderrk, Lake Tyers, Framlingham, Lake Condah, Ramahyuck and Ebenezer was driven by the paternalistic and racist attitudes of the time, including the idea that Christianity was the only means of assisting Aboriginal people. The reserve system aimed to change Aboriginal people and to make them more like white, European people by removing children, discouraging the speaking of Aboriginal languages and the practice of Aboriginal culture.

… the reserves became less concerned with Aboriginal peoples’ welfare and became places where First Peoples were segregated, monitored, their labour exploited and made to conform to mission life.

The minister’s evidence further went on to say:

It is shameful to think that the State’s answer to providing for First Peoples who they had dispossessed of lands and waters, was to place them on small pieces of land with little supplies and to temporarily loan – not give – reserve residents blankets and clothing. It is equally shameful that, after confining First Peoples on the reserves, the State then often expelled families and split parents from children from the reserves that First Peoples had come to call home.

…

… in 1917 the Board decided it would close three of the four remaining reserves … and forcibly relocate the residents to Lake Tyers in Gippsland. It appears the State made this decision so the Board could reduce spending on Aboriginal people and sell the reserve land, as it was desired by Europeans.

…

When the Aborigines Welfare Board announced the closure of Lake Tyers Aboriginal Station in 1962, residents mobilised and, with the support of prominent Aboriginal and non-Aboriginal people, began a determined campaign to protect their home. This resulted in the eventual State transfer of the lands to some members of the Framlingham and Lake Tyers communities and the passage of the Aboriginal Lands Act 1970, the second piece of legislation in Australia to return land to Aboriginal communities. I acknowledge that it is due to the persistent activism of residents over many generations that former reserve sites at Framlingham and Lake Tyers are in Aboriginal ownership today.

So whilst the 1991 act succeeded in transferring culturally significant land to Aboriginal organisations, it conversely restricted First Peoples’ self-determination by prohibiting them from transferring their respective interests in the land and restricting their use of the lands to Aboriginal cultural and burial purposes. These restrictions are not in line with the government’s commitment to self-determination. That is why this bill will empower Aboriginal organisations to freely exercise their land rights. In line with the respective wishes of titleholders and traditional owners, it will remove restrictions on the Ebenezer and Ramahyuck mission cemeteries and allow for the transfer of those cemeteries to the traditional owners. In line with the wishes of titleholders and traditional owners, all references to the Coranderrk mission cemetery are to remain unchanged. This is in line, again, with the recommendations of the review of the act. These amendments will also fulfil the government’s legal commitment in its recognition and settlement agreement to use its best endeavours to return the ownership of the Ebenezer mission cemetery to the Barengi Gadjin Land Council Aboriginal Corporation, who represent the traditional owners of the land encompassing the Ebenezer mission.

This government’s understanding of self-determination has indeed come a long way since 1970, and these amendments listen to what Aboriginal communities want. The initial paternalistic prescriptions of how lands could be used and governed, the corporate structures imposed that did not reflect the community’s way of governance and requirements to report to the minister are therefore being amended in this bill. The trust communities were consulted throughout the 1970 act review process that recommended the legislative arrangements, and the trust communities were also meaningfully engaged during the drafting of the bill. During this process additional amendments from the trust communities have been incorporated. Earlier this year the Minister for Treaty and First Peoples visited Lake Tyers, where community members directly expressed the need for improvement of governance of these systems through these amendments.

I only have a few seconds left on the clock. There is a little bit more to say, but I know my colleagues have also spent a lot of time talking about this bill today. I might conclude my contribution there and in doing so commend this bill to the house.

John BERGER (Southern Metropolitan) (15:09): Firstly, I would like to acknowledge the traditional owners of the lands on which I work, both here in Parliament House and at my electorate office in Prahran in the great community of the Southern Metropolitan Region. Those are the Wurundjeri people of the Kulin nations, and I want to acknowledge their elders past and present, given the context of this legislation we are debating today.

Though we were the second state to introduce an Aboriginal land rights act, in 1970, to legislate a basis on which to recognise traditional ownership and management of the lands, this legislation, as my colleague Ms Watt said, was landmark legislation at the time, but it needs to be modernised. It is evident that these provisions, with several minor amendments over the past half century, are not adequate to ensure the dignity and the self-determination of Indigenous communities in Victoria.

The Allan Labor government is committed to sponsoring reconciliation with the Aboriginal communities in Victoria, the sovereign peoples of these lands since time immemorial. We began on the journey to treaty with the Advancing the Treaty Process with Aboriginal Victorians Act 2018, and since then we have seen the establishment of the First Peoples’ Assembly of Victoria through a statewide election. I want to acknowledge the leadership of the co-chairs of the First Peoples’ Assembly Ngarra Murray and Rueben Berg in particular for their work.

This bill aims to make amendments to two acts of Parliament regulating land trusts in Victoria, the Aboriginal Lands Act 1970, in reference to the Lake Tyers and Framlingham trust communities governance provisions, the latter of which returned to self-governance following a period of administration until July this year, and the Aboriginal Lands Act 1991, to facilitate burial site share transfers. The independent review of the Aboriginal Lands Act 1970, which concluded its work in 2021, proceeded with the aim of improving governance and self-determination for the trusts’ communities and additionally facilitating economic activity previously restricted in acts of Parliament to achieve self-determination principles. The independent review provided our government with recommendations with which to achieve these targets.

Before I continue I would like to acknowledge and thank the Framlingham and the Lake Tyers Aboriginal communities, who have advocated for the land rights that this bill aims to achieve and who submitted a formal response to the draft bill providing overall support; independent reviewers Jason Behrendt and Timothy Goodwin, who led the process with their legal and cultural expertise; and former Minister for Treaty and First Peoples Gabrielle Williams, as well as the current minister Natalie Hutchins, who have been working tirelessly to bring these amendments to Parliament today.

It would be remiss of me not to also acknowledge the communities which contributed their lived experiences and knowledge to the process of enacting these changes – those shareholders, residents, families and stolen generation members who provided critical knowledge to the review of these acts; I sincerely thank them – and the Anglican and Catholic communities which have worked with the government and Aboriginal communities with the aim of repairing the harms caused in their historic missions.

Our government is committed to implementing all the recommendations in a process of two phases, and the Aboriginal Land Legislation Amendment Bill 2024 is the first phase of this endeavour, implementing 22 of these recommendations made through the independent review. We are focused in this phase on good governance of land trusts, mitigating unreasonable administrative requirements that have hindered compliance, improving the shareholder system and transfer of shares, ensuring accountability and transparency of governance for the benefit of communities, strengthening powers to engage in business on lands governed by trusts and modernising terminology in the act as appropriate.

In reference to the unreasonable, hindering administrative requirements, these are duplicative financial reporting requirements to the community and to the minister, issues with shareholding systems and legislated process for share transfers, ineffective accountability and transparency provisions and governance and composition arrangements that are not effective. This bill will also improve the board and administrative arrangements of the board of administrators’ role defined in the previous act. Through these amendments we are streamlining the land trusts’ administrative requirements to ease the burden of overly convoluted reporting and governance requirements on land trust administrators and in doing so ensuring that they can be fully compliant with government legislation.

Legislative amendments will be enacted with economic support of $12.54 million through the 2024–‍25 state budget to the Framlingham and Lake Tyers communities to support the continued operation of their Aboriginal-controlled organisations to ensure that they can continue to provide municipal and essential services to their communities and to support the implementation of critical infrastructure upgrades at both trusts to end-of-life and noncompliant assets, reducing risks to human safety and environmental impacts. This will include a new wastewater management system at Framlingham and a new jetty at Lake Tyers. The Allan Labor government also allocated $1.03 million over four years in the 2022–23 state budget to support self-determined governance and wellbeing programs at both Framlingham and Lake Tyers, as well as $150,000 to provide resources which support Framlingham’s and Lake Tyers’ understanding of the 1970 act and its shareholding system. Financial support and the legislative changes enacted in this bill will work together to support the governance capabilities of traditional owners in these communities and self-determination of these communities over government interventions, which I will speak more about now.

The Aboriginal Lands Act 1991 granted freehold title over Aboriginal burial sites located at the former Coranderrk, Ebenezer and Ramahyuck missions to the Aboriginal-led community organisations in these areas at the time. These were the Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation, the Goolum Goolum Aboriginal Cooperative and the Gippsland and East Gippsland Aboriginal Cooperative respectively. The establishment of these missions and relocation of Indigenous people dispossessed them of their traditional lands and their cultural and spiritual practices through enforced Christianity. Whilst this legislation acted as a significant step towards reconciliation, it prevented traditional owners from transferring their respective interests in the land and restricted the use of the lands to Aboriginal cultural and burial purposes. This harmed self-determination, and as a government committed to reconciliation, we are changing it.

While the Coranderrk mission cemetery provisions will not be impacted by this legislation through the wishes of the Wurundjeri Woiwurrung Cultural Heritage Aboriginal Corporation, the Ebenezer and Ramahyuck mission cemeteries will have the aforementioned restrictions removed and the provision of transfer rights legislated under amendments to the 1991 act. These changes to the act are in line with the aspirations of all mentioned traditional owner groups to allow for Indigenous self-determination in the exercise of land rights. As it was put by the Framlingham Aboriginal Trust, these amendments will bring the act into line with current legislation to make the role of the trust clearer, enable the trust to create corporations to do business on the lands and create strategic plans which will assist the trust with forward planning and develop mechanisms to incorporate the hopes and aspirations of the stakeholders.

I am proud of the Allan Labor government in enacting these legislative changes, fulfilling our legal obligations for recognition and settlement agreements – RSAs – under the Traditional Owner Settlement Act 2010, particularly in returning the Ebenezer mission cemetery and the burial site of the Wotjobaluk nations to the Barengi Gadjin Land Council Aboriginal Corporation, and, as a principle, taking action to work collaboratively and respectfully with Indigenous people to achieve our aims of treaty and truth-telling. It is crucially important that we speak with our actions as a government in achieving reconciliation with the First Peoples of Victoria, and through this bill we are demonstrating a key example of doing just that: working with communities and providing our support through legislation, rather than imposing restrictions or paternalistic legislation upon Indigenous communities. Trust is critical in enacting this, and I hope this will be a step in the right direction to facilitating this with the communities impacted by this bill.

Following this phase of legislative changes, phase 2 will see the evaluation of the remaining 14 recommendations of the independent review with due consultation with the communities impacted by the legislation, including an exploration of potential alternative governance systems with increased autonomy for the trusts. The Allan Labor government will engage with traditional owners and the First Peoples’ Assembly of Victoria on these reforms. I am pleased to hear that Mr Davis said the opposition will be supporting the passage of this bill. There has been consultation – that word I like to mention. In the words of Mr Davis, it has technical amendments and some simple tidy-ups to succeed. However, I want to make it clear the government does not support all of what the coalition has said. There are differences of opinion on their side it seems. I want to associate myself with the sentiments of my colleague Ms Watt, and I also want to wish Aunty Frances Gallagher a big happy birthday and acknowledge her contribution and life, as you only get one of them.

Our work will be to consistently and continuously support communities such as Framlingham and Lake Tyers to facilitate self-determination and governance of land trusts. I also want to acknowledge my hardworking and passionate staff member Lauren Scott of Arabana land and Arrernte land for their work in assembling my contributions today. I am pleased to have the opportunity to learn firsthand about the Indigenous community through a team member, so I want to thank them for their work.

I think the bill presented to the Council is an excellent foundation for reform, and I am proud to support the government in implementing it. I thank the house.

Tom McINTOSH (Eastern Victoria) (15:21): I rise today to support this bill and acknowledge the traditional owners of the land on which we meet and pay respect to elders past and present. I am really happy to speak on this bill today, and I just want to start off by sharing some of the great experiences I have had in this role. I have been in the role for a bit over two years now. Just to get out with our First Nations groups and individuals, just to be with them and learn, is really fantastic, whether it is on the peninsula or across Gippsland, seeing the living culture on the peninsula, getting out and just walking along the foreshore and learning more about the bush tucker that is available that is just there to have. There is the history of so many of our plant species, whether it is for food or for medicinal purposes, which have been used for tens of thousands of years. What is sitting right under our nose is quite incredible, and the plants’ shape or appearance or names are linked to the way that people have used those plants for a very long time. I think it is something that is a low-hanging fruit – pardon the pun – as many of those plants we could start to use more either in our cooking or in our medicinal use.

The Gunaikurnai Land and Waters Aboriginal Corporation is up at the other end of the electorate. Danny and others have been a fantastic group to get to know and see what they are doing. The property they have purchased down at Wilsons Prom and everything they are looking to do from a tourism perspective I think is fantastic. The GLAWAC centre – a lot of people go through there. There is some really beautiful art on the walls, the new amphitheatre that has gone up I think is a fantastic place for people to gather and come together, so I am really proud the government was able to support that. It is a really beautiful facility that extends on the GLAWAC precinct there, which of course is alongside the TAFE. I was there probably four or five weeks ago just to talk about the training that is being provided to the broader community but also to those working at GLAWAC. It is fantastic, the land and water management that is occurring through GLAWAC and joint management and the various things that are happening across those spaces. They can be trained basically next to their home base there, which is really good. The bushfire relief centre, the $2.4 million emergency relief centre, I think is one of the first things I was able to announce in starting this role with Minister Symes. I think it is really important that there is a place where so many groups can come together.

The Lake Tyers emergency relief centre project brought together Gunaikurnai Land and Waters Aboriginal Corporation, Lake Tyers Aboriginal Trust and the Lake Tyers community. They co-designed that space to be supportive and secure for bushfire disasters, and we know how important that is. The fact that we have got the fire station also at Lake Tyers is sensational, with a CFA brigade in its own right, which is really, really good. The members are the CFA’s only all-Indigenous crew, and they have successfully and very proudly responded to incidents within the trust land as a satellite station of the nearby Toorloo brigade.

They have also had the jetty funded there. Then I think of other projects, like oysters at Lakes Entrance, where there has been so much work going into looking after the natural environment of our lakes, and then to see a project that sits alongside that protection of waterways and the protection of our fish and marine species there – people who go fishing there now comment about how there is just so much coming out of those lakes that was not previously. Our First Nations people are able to tap into their cultural heritage from a food source perspective but also get that operating as a small business.

Just coming back to that tourist element, whether it is stargazing dark skies or lots of other projects that are emerging for tourists to get to, again, the whole community benefits with tourists coming in and making that sort of sticky tourism where people come in and spend a lot of time. There is a real, real appetite, and you see it at the GLAWAC building where people want to come in and spend time and understand the history. The fact is that you are talking about the oldest human remains being found at Buchan Caves, and there is just such incredible history – tens and tens of thousands of years of history that we must always acknowledge and, as I said earlier, learn from and really appreciate learning from.

The Victorian government is committed to true reconciliation, truth-telling and treaty with First Peoples. This can only occur by empowering and supporting Aboriginal people through self-determination. We recognise that true reconciliation begins with self-determination, and that is why the Allan Labor government is ensuring legislation enables traditional owners to take control of their own destiny. It was fantastic just a couple of days ago to have the First Peoples’ Assembly in here just talking about the journey of treaty, talking about engaging with community and talking to community about what it is and how that path will be walked and the fact that it is a gift to all people. The fact is that treaty is something that we can all benefit from together and a journey that we all walk together. So I am really, really proud to have been able to sit along and be part of that discussion.

This bill will improve the way land is managed at the Framlingham and Lake Tyers Aboriginal trusts in addition to removing restrictions on decisions made about Aboriginal land by Aboriginal communities at Ebenezer and Ramahyuck mission cemeteries. It does this by amending two acts which were enacted in 1970 and 1991. The 1970 act has never been substantially updated despite being enacted 50 years ago, with many of the governmental and operational requirements being rooted in outdated corporate governance models. These frameworks have imposed significant compliance requirements, creating barriers for communities. They have made it harder for communities to make decisions about and manage their lands. At the time of enactment no consideration was given to the role of Aboriginal models of governance and cultural ways of doing business, which causes significant barriers today, and the bill will change that. The bill will help build a better future for all community members by listening to and supporting the priorities of First Peoples and strengthening existing systems.

I think so much of the good work that is occurring and so much of the engagement is about listening and seeing what works for our First Nations communities. As I was saying before, it is such an opportunity for us to learn at the same time. It is such a two-way street, listening and being listened to but also absorbing and just understanding, particularly with the land management side of things. When we talk about biodiversity and ensuring we are not having habitat and biodiversity loss, when we talk about managing water through drought and when we talk about ensuring resilience of our land, that conversation is so valuable with our First Nations people.

This bill will amend the Aboriginal Lands Act 1970 to update the shareholding systems and governance requirements of the Framlingham Aboriginal Trust and Lake Tyers Aboriginal Trust. This bill helps to give effect to phase 1 of the Victorian government’s response to the independent review of the Aboriginal Lands Act 1970 by implementing 22 legislative recommendations supported in full. The bill will also amend the Aboriginal Lands Act 1991 to remove use and transfer restrictions for the Ebenezer and Ramahyuck mission cemeteries. These amendments implement all recommendations in full of a review of the 1991 act. The bill will also modernise both acts.

The Aboriginal Lands Act 1970 was a landmark piece of legislation. It was the first time the Victorian Parliament recognised Aboriginal land rights and the government’s first attempt to recognise self-determination. It was created in direct response to the Framlingham and Lake Tyers Aboriginal communities’ advocacy for land rights. As former mission sites, Framlingham and Lake Tyers represent the state’s past racist, segregationist and assimilationist laws which actively sought to deny First Peoples any form of self-determination.

For me, growing up in country Victoria, we used to have a spot up on a hill nearby, King Billy’s seat – miles and miles, hundreds of kilometres away from these locations. But I know that people ended up there and just how close it is to our history, to all of our history, but growing up as a kid I heard about it as almost ancient history. It is important that our school students, our kids today – and we have some here at the moment – are learning of and being educated on the wrongs that have occurred in history and, as I have been discussing at the start of this contribution, about the incredible two-way learnings we can have with our First Nations peoples.

The 1970 act saw members of the Framlingham and Lake Tyers Aboriginal trusts allocated shares in the trusts, granting them freehold of the title of the land. Each member holds part of their trust, and that trust owned the land. This is how members indirectly own the land. Despite being landmark legislation at the time, this scheme is outdated and remains inadequate at achieving the act’s goals in full of promoting self-determination and economic independence for the trusts’ shareholders and non-shareholder residents. Periodic minor legislative amendments over the past five decades have failed to ensure the 1970 act remains consistent with its purpose of giving back to the people of Framlingham and Lake Tyers the dignity which was theirs in their original ownership of the land.

Currently there are unfair administrative requirements of the trusts impacting their ability to comply with the legislation. These include duplicative financial reporting requirements, issues with the shareholding system and legislated process for share transfers, ineffective accountability and transparency provisions, and governance and composition arrangements that are not effective. We need to provide the trusts the powers to carry out business on trust land in a way that works for them and in a way that enables true self-determination.

In July 2016 the Victorian government publicly committed to reviewing the 1970 act with the aim of improving governance and enabling greater self-determination. The independent review of the 1970 act concluded in 2021. In September 2023 the Victorian government publicly committed to implementing all the recommendations of the independent review in two phases. The bill gives effect to phase 1 of the government’s response to the independent review. It will implement 22 legislative recommendations supported in full. Phase 1 will strengthen governance mechanisms and improve the shareholding system. It will lay the groundwork for phase 2 and further reform. Phase 2 will consider implementation of the remaining 14 recommendations subject to further analysis, community engagement and the implementation of interdependent recommendations from phase 1. This includes clarification of shareholdings at both trusts. The second phase of reform will commence after shareholdings are clarified and further discussions are held with the trust communities around mechanisms to better support governance and resolve disputes.

Reforms to the 1970 act will not end with implementing all the recommendations of the independent review. The Allan Labor government will continue to support Aboriginal communities to pursue self-determination so that the Framlingham and Lake Tyers communities can be truly self-governing and use the trust lands for the benefit of residents and shareholders alike.

The 1991 act was another effort to answer the calls from Aboriginal communities for land justice. It granted freehold title for the management and protection of significant Aboriginal burial sites to the Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation, the Goolum Goolum Aboriginal Cooperative and the Gippsland and East Gippsland Aboriginal Cooperative.

Again, I want to state my support for this bill. It is another important step in the journey that we all take together, and I am glad that we have been able to speak to it today.

Ingrid STITT (Western Metropolitan – Minister for Mental Health, Minister for Ageing, Minister for Multicultural Affairs) (15:36): I thank all members for their contributions in this debate on the Aboriginal Land Legislation Amendment Bill 2024. Of course the Victorian government is absolutely committed to true reconciliation, truth-telling and treaty with First Peoples, and we are committed to empowering and supporting Aboriginal people through true self-determination. This bill will amend and modernise the very outdated 1970 act, and the changes are in line with what the Framlingham Aboriginal Trust and Lake Tyers Aboriginal Trust governing bodies and their communities have told us that they want. It will also amend the 1991 act to reflect what titleholders and traditional owners have said they want in returning important burial sites to traditional owners.

Many of my colleagues have already gone through in great detail in the second-reading debate what the bill seeks to reform, but of course at the heart of it is the improvement of governance structures and reducing unfair administrative burdens on the trusts. Obviously there is an important element in the bill to remove duplicate financial reporting requirements, and it will also set a foundation up to resolve issues and improve processes to share transfers at the trusts to enable shareholders to manage shares in accordance with their own wishes, and the reality is that the act had not kept up with the efficient mechanisms required to do so. So there will be enhanced accountability and transparency in governance arrangements, bringing this into line with comparable legislation, and reforms will grant the trusts the ability to conduct business on trust land. There is also a tidy-up of outdated language all the way back from 1970 that will be improved as a result of this bill’s passage through the Parliament.

There has been extensive community engagement in the lead-up to the bill coming to the Parliament, and that has been I think also detailed in many of my colleagues’ contributions. But I think that, importantly, these amendments contained in the bill really are a direct result of that deep engagement between the department and the trusts’ members and also the trusts’ communities, and it is important because we want to make sure that the bill before us today really reflects the wishes of local communities. The Allan Labor government will stand with Aboriginal Victorians and support self-determination by backing Aboriginal organisations and communities, and by bringing this bill we bring to life the wishes of these communities that we have been engaging with. We are improving these laws alongside our nation-leading work on a path to treaty and truth. By supporting this bill, members of this house can be part of supporting the wishes of the Aboriginal communities. I commend the bill to the house.

Motion agreed to.

Read second time.

Third reading

Ingrid STITT (Western Metropolitan – Minister for Mental Health, Minister for Ageing, Minister for Multicultural Affairs) (15:40): I move, by leave:

That the bill be now read a third time.

Motion agreed to.

Read third time.

The ACTING PRESIDENT (Jeff Bourman): Pursuant to standing order 14.28, the bill will be returned to the Assembly with a message informing them that the Council have agreed to the bill without amendment.