Tuesday, 2 December 2025

 The PRESIDENT (02:47): Because we all love staying late, I have got some business I need to acquit. Under standing order 21.03 I present separate rights of reply from Ms Linda Mullett, representing the Kurnai Aboriginal Corporation, and Cheryl Drayton, elder and member of the Kurnai Aboriginal Corporation, relating to statements made by the Honourable Lizzie Blandthorn on 28 October 2025. During my consideration of the application for the right of reply I notified Ms Blandthorn in writing and further consulted with her on the submission. I remind the house that the standing orders do not require me to judge the truth of any statement made in the Council or any submission insofar as the right of reply goes. In accordance with the standing orders, the right of reply is ordered to be published and incorporated into Hansard.

Reply as follows:

Dear President Leane,

I write on behalf of Kurnai Elders and Native Title Holders pursuant to Standing Order 21.02 to request a Right of Reply in relation to statements made in the Legislative Council by The Hon. Lizzie Blandthorn during the Treaty debate on 28 October 2025.

In her contribution, Ms Blandthorn stated:

“The name Gellung Warl has been approved by the Gunaikurnai Land and Waters Aboriginal Corporation after consultation. The community members mentioned by those opposite are not native title holders for Gunaikurnai.”

This statement is factually incorrect and has adversely affected the reputation and standing of the Kurnai Elders and Native Title Holders of Gippsland by implying that we do not hold recognised native title and by misrepresenting the cultural authority of our people.

To clarify:

•   The Federal Court of Australia formally recognised the Kurnai (Gunai/Kurnai) people as native title holders on 22 October 2010. Under the Native Title Act 1993 (Cth), native title rights are vested in the native title holders themselves, not in the Prescribed Body Corporate (PBC).

•   The Gunaikurnai Land and Waters Aboriginal Corporation (GLaWAC) acts only as the PBC and must consult with, and obtain consent from, the native title holders before making decisions that affect their rights and interests.

•   The reference to Gellung Warl in the Treaty Bill was made without the free, prior and informed consent of Kurnai Elders or the cultural custodians who hold authority over that sacred symbol.

These inaccuracies have caused cultural harm and have undermined the integrity of the Kurnai Elders by suggesting they lack standing in relation to their own Country.

Accordingly, we respectfully request that an appropriate correction be incorporated into the parliamentary record to:

1.   Affirm that the Kurnai people are the determined native title holders for Gippsland, as recognised by the Federal Court.

2.   Note that the PBC (GLaWAC) operates in an administrative capacity only and does not hold native title rights.

3.   Acknowledge that the use of Gellung Warl without consent of Kurnai Elders breaches cultural protocol.

We seek this correction to protect the reputation and cultural integrity of the Kurnai people and to ensure that the official record of the Victorian Parliament reflects the truth of our legal and cultural status.

Yours sincerely,

Linda Mullett

On behalf of Kurnai Elders and Native Title Holders

Reply as follows:

Dear President,

Pursuant to Standing Orders of the Legislative Council, I submit this written request on behalf of the Kurnai Elders and members of the Kurnai Aboriginal Corporation, whose rights and reputation have been adversely affected by statements and conduct of a Minister of the House concerning Native Title and Traditional Owner matters in Gippsland.

The submission relates to comments made by the Hon Lizzie Blandthorn during debate on the State-wide Treaty Bill on 28 October 2025, where she spoke on behalf of the Hon Natalie Hutchins, Minister for Treaty and First Peoples, who was not present at the time.

The comments concerned Native Title and Traditional Owner matters in Gippsland, and in my view, misrepresented the standing and legitimacy of the Kurnai people as the determined Native Title holders, and incorrectly implied that other groups were the Traditional Owners of the area, which they are not.

These remarks have caused reputational harm and confusion regarding the lawful and cultural position of the Kurnai Aboriginal Corporation and its Elders, particularly in relation to Native Title rights, cultural authority, and community representation.

We respectfully assert that:

1.   We have been determined by the Federal Court of Australia as the legitimate Native Title holders under the Native Title Act 1993 (Cth). This Federal determination establishes the Kurnai people’s enduring rights and connection to land and waters.

2.   The Minister’s public comments and parliamentary references have misrepresented our standing, suggesting that our Corporation or Elders’ concerns lack legitimacy. These statements have caused injury to our reputation, our dealings with others, and our ability to engage freely in cultural, legal, and community matters.

3.   Under Standing Order 9.59(1) and (2), we therefore claim that our reputation and dealings have been adversely affected, and that our privacy and community integrity have been unreasonably invaded.

I wish to note that the Gunai/Kurnai determination has often been misrepresented or misunderstood, leading to ongoing confusion regarding who holds recognised rights under Commonwealth law, and who may properly be identified as Traditional Owners in Gippsland.

Inconsistency between the Settlement Act and the 2010 ILUA

We wish to draw the House’s attention to a fundamental inconsistency between the Traditional Owner Settlement Act 2010 (Vic) and the 2010 Gunaikurnai Indigenous Land Use Agreement (ILUA).

The Settlement Act clearly provides that Native Title will not be extinguished by the transfer of freehold title of relevant land parcels from the State of Victoria to the Gunaikurnai Land and Waters Aboriginal Corporation (GLaWAC). However, the 2010 ILUA states the opposite – that Native Title will be extinguished by such transfers.

This contradiction is not merely administrative but goes to the heart of the validity of both instruments. The Settlement Act is a State instrument, whereas the ILUA was registered under the Native Title Act 1993 (Cth) – a Commonwealth law. Where the two conflict, the Federal Native Title Act prevails under section 109 of the Australian Constitution.

The Kurnai people never entered into or consented to the State’s Settlement process. As such, we retain our Native Title rights and interests as recognised by the Federal Court determination. Any exercise of authority by GLaWAC under the Settlement Act in relation to Kurnai Country requires our prior and informed consent, consistent with Article 19 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and section 203BC of the Native Title Act 1993 (Cth).

We have not, and will not, provide that consent.

This inconsistency and the resulting administrative actions under the Settlement framework require urgent investigation on legal and procedural grounds, to ensure that the rights of determined Native Title holders are not unlawfully overridden or diminished by State mechanisms inconsistent with Federal law.

Truth Telling and Accountability

Beyond the legal inconsistencies outlined above, the ongoing Truth Telling process in Victoria must be brought to the forefront of parliamentary and ministerial accountability.

The continued avoidance of genuine engagement with the Kurnai people under the banner of “Truth Telling” is unacceptable. Truth Telling cannot be a political slogan or selective narrative; it must include the voices of those who have lived the truth of dispossession, removal, and ongoing exclusion from decision-making about their lands and heritage.

All political parties, agencies, and corporations operating within this framework must be held to the same standard of transparency, honesty, and cultural respect. The truth of the Kurnai experience – including the misuse of Native Title, the disregard for consent, and the distortion of representation under the GLaWAC structure – must be front and centre in this State’s record.

Until Truth Telling is grounded in lawful recognition of the rightful Traditional Owners, it remains incomplete and misleading.

Yours sincerely,

Cheryl Drayton

Elder and Member

Kurnai Aboriginal Corporation

The PRESIDENT: The house stands adjourned.

House adjourned 2:48 am (Wednesday).