State 'fails' to grasp Aboriginal self-determination

A smoking ceremony was held as Yoorrook Justice Commission hearings continue in Victoria. (Joel Carrett/AAP PHOTOS)

The meaning of self-determination for Aboriginal people is still not understood by the Victorian government and its public service, the state's truth-telling inquiry has heard.

State political leaders and bureaucrats were still struggling to grasp the basic concept, Victorian Traditional Owner Corporations chief executive Paul Paton says.

"I've been saying it for years to government that government and public service doesn't understand self-determination," he told the Yoorrook Justice Commission on Wednesday.

"(It) needs to invest considerably in shifting the psyche of the public service and developing a deep understanding of our rights and self-determination so that the public service can do their job."

Mr Paton previously worked with the Department of Environment, Land, Water and Planning as a manager of the Aboriginal partnerships and engagement support unit.

The Victorian Public Sector Commission defines self-determination as an ongoing process of choice to ensure Indigenous people are able to meet their social, cultural and economic needs.

It is not about creating a separate Aboriginal and/or Torres Strait Islander state, it says.

Former premier Daniel Andrews and his government committed to progressing a treaty in 2016 and agreed to establish the truth-telling process in 2020.

Ngarra Murray (left) and Rueben Berg
Ngarra Murray and Rueben Berg gave evidence at the Yoorrook Justice Commission hearing.

Yoorrook commissioner Travis Lovett said the government has had 10 years to get its head around self-determination following the release of the Victorian Aboriginal Affairs Framework.

"It's just quite disheartening," he said.

The First Peoples' Assembly of Victoria, the democratically elected group tasked with negotiating a statewide treaty, is  gearing up for treaty talks with the government to begin later this year.

Co-chair of the assembly Rueben Berg said the state's taxpayer-backed self-determination fund would enable different Indigenous groups to enter their own treaty negotiations with the government.

"The self-determination fund has that broader aspiration around building wealth and prosperity for our communities," the Gunditjmara man told the commission.

"It's a strong model to be able to move forward with."

Yoorrook is creating an official public record on the impact of colonisation on Aboriginal people in Victoria and will recommend actions to address historical and ongoing injustices.

It will inform the state's treaty negotiations.

Ngarra Murray (left) and Rueben Berg
Ms Murray told the hearing how ownership of land, water and other resources was central to treaties.

Assembly co-chair Ngarra Murray detailed how the ownership of land, water and resources was central to treaties.

"That is what (Indigenous Victorians) will look at and consider around reform in regards to their country," the Wamba Wamba, Yorta Yorta, Dhudhuroa and Dja Dja Wurrung woman said.

"But we'll look at barriers we can remove around specific law reform, and there's a lot of issues that we hear from traditional owners and community that shouldn't wait just for treaty to activate."

In an earlier statement, Mr Berg said the assembly was still gathering ideas and feedback from Indigenous communities.

In 2023, Yoorrook called for Victoria to set up a standalone child protection system and give Aboriginal people the right to self-determination in the criminal justice system.

They are among 15 recommendations still being considered by the Victorian government.

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