Tuesday, 14 October 2025


Committees

Scrutiny of Acts and Regulations Committee


Sheena WATT, David DAVIS, Sonja TERPSTRA, Georgie CROZIER, Gaelle BROAD

Please do not quote

Proof only

Committees

Scrutiny of Acts and Regulations Committee

Alert Digest No. 13

 Sheena WATT (Northern Metropolitan) (13:18): Pursuant to section 35 of the Parliamentary Committees Act 2003, I table Alert Digest No. 13 of 2025, including appendices and a minority report, from the Scrutiny of Acts and Regulations Committee. I move:

That the report be published.

Motion agreed to.

Sheena WATT: I move:

That the Council take note of the report.

In this latest Alert Digest No. 13 meeting of the Scrutiny of Acts and Regulations Committee (SARC) we discussed the Statewide Treaty Bill 2025. I want to take a moment to talk to the chamber about this bill, which represents a landmark in Victoria’s ongoing journey towards justice and self-determination for First Peoples in this state. Building on the Advancing the Treaty Process with Aboriginal Victorians Act 2018 and the Treaty Authority and Other Treaty Elements Act 2022, this bill establishes the legislative foundation for a Statewide Treaty between the Victorian government and the First Peoples of Victoria.

At its core the bill creates Gellung Warl, a statutory body representing First Peoples in Victoria. Gellung Warl would be comprised of three interrelated arms: the First Peoples’ Assembly, which is the decision-making arm; Nginma Ngainga Wara, the accountability and monitoring arm; and Nyerna Yoorrook Telkuna, the truth-telling arm. Together they will enable self-determination and decision-making, provide advice to government and facilitate truth-telling and healing processes that acknowledge the historical and ongoing impacts of colonisation.

The bill’s framework ensures that Gellung Warl operates independently of ministerial direction while maintaining transparency and accountability through annual reports and parliamentary engagement. Importantly, it embeds a statement of treaty compatibility process requiring all future legislation to be assessed for consistency with the principles of self-determination, equality and respect for human rights. This mechanism places treaty considerations at the centre of lawmaking and governance. The legislation also provides for regular engagement between the First Peoples’ Assembly and government, including representation meetings with cabinet and annual engagement hearings on policy and expenditure matters affecting First Peoples. These processes are designed to institutionalise respectful dialogue and ensure that the state remains accountable for its actions and commitments under treaty.

Beyond its structural reforms the bill signals a cultural and political shift. It recognises the unceded sovereignty of First Peoples and their enduring custodianship of country by legislating pathways for truth-telling, consultation and co-decision making. Victoria continues to lead the nation in building a genuine partnership with Aboriginal communities – one founded on truth, respect and shared responsibility for a just future. With that, I must confess that in my now five years in the Parliament this was the very best SARC meeting that I have ever attended. So it gives me great pride to wholeheartedly move that the Council take note of the report.

 David DAVIS (Southern Metropolitan) (13:22):(By leave) I have 2 minutes. I will just make a couple of comments here. As a former Scrutiny of Acts and Regulations Committee member, I understand the process to which the member has alluded and discussed. One of the problems with the Statewide Treaty Bill 2025 is that it has not been broadly discussed in the Victorian community. One of the problems with the treaty bill is that there has not been a proper, wide and open discussion, and that is one of the issues. We obviously saw the Voice referendum last year, which gave a very, very clear view from the Victorian community about this type of body, and the truth of the matter is this treaty is a sharper version of the Voice in many respects. The fact is that the Victorian community are the group that have not been properly consulted on this matter, and I think SARC could have done more to get that matter out there.

 Sonja TERPSTRA (North-Eastern Metropolitan) (13:23): I must rise to also make a contribution on this report as a Scrutiny of Acts and Regulations Committee member. I can say that I and Ms Watt and other members of the government SARC team participated in very extensive discussion and traversing of this bill. I just want to address what Mr Davis said in his contribution. It is not true to say that there has been no information out there about treaty. It is not true – absolutely untrue. This government has been working on treaty since 2015. We have also had the First Peoples’ Assembly working on this bill with their communities, and consultation has been happening for many, many years on this bill. So it is offensive for Mr Davis to get up in this chamber and perpetuate such misinformation about this very important milestone. To hear Mr Davis refer to this as a yes vote just demonstrates the lack of understanding about what this actually is.

Jaclyn Symes interjected.

Sonja TERPSTRA: Well, that is right. I will take up the Treasurer’s interjection. The Treasurer said you know exactly what you are doing, and you do, and that is what makes it all the more shameful that you should do this. It is an utter disgrace. Again I say clearly that what Mr Davis said was factually incorrect and untrue. There has been lots of discussion about this bill, there has been lots of consultation about this bill, and this government will not stand to hear the constant disinformation and talking down about this bill.

Treaty is important. Treaty will make very important steps towards the pathway of reconciliation and healing and, most importantly, for our First Nations people to have self-determination, which will improve their life outcomes in terms of health and education. It is an important bill, it is absolutely time and Victorians support it.

The PRESIDENT: Is leave granted?

Leave refused.

 Gaelle BROAD (Northern Victoria) (13:26): I am pleased to speak briefly as a member of the Scrutiny of Acts and Regulations Committee. I do want to highlight that we did submit a minority report. This proposal is a significant change to our system of government in Victoria. I think there are a number of concerns that we have with the bill. There are greater FOI exemptions that are given, higher than for ministers currently, and there are exemptions for land tax and exemptions for payroll tax. Questions can be asked of any member of Parliament. I think there are a lot of unknown costs with the election process, the remuneration and the infrastructure fund. When I looked at the bill, also the number of employees is unlimited to fulfil the work of the authority. I think it will have a big impact, and it is important for this Parliament to remember that we do govern for all Victorians.

Motion agreed to.