Victorian Government to establish ‘truth and justice process’ to recognise historic wrongs against Aboriginal Victorians

Snapshot

• The Victorian Government will establish a truth and justice process to formally recognise historic wrongs, and address ongoing injustices, for Aboriginal Victorians.
• The terms of reference for the truth and justice process are yet to be decided.
• Truth and justice processes have been used in other jurisdictions around the world including in relation to First Peoples.

Truth and justice process developments

The First Peoples’ Assembly (FPA) of Victoria, a democratically elected body established to create a framework for Victorian treaty negotiations, passed a motion in June asking for the Government’s commitment to a truth commission or inquiry into historic wrongs. On 11 July the Minister for Aboriginal Affairs, Gabrielle Williams, announced plans for the truth and justice process in Victoria. This would be the first of its nature in Australia, and reflects one aspect of the Uluru Statement from the Heart from 2017.

The Minister noted that ‘[t]here is nothing more powerful than the truth. Because with honesty comes healing’. The terms of the truth and justice process are yet to be decided, but the Government have committed to working in partnership with the FPA to develop the process.

At its June meeting, 81% of the FPA chamber voted for a process whose terms of reference should consider:

• Preamble of the Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic)
• United Nations Declaration on the Rights of Indigenous Peoples
• International best practice in the use of comparable Truth and Justice inquiries
• Principles used in transitional justice-based processes.

The Government noted that process will be similar to truth telling processes which have been established in other jurisdictions such as South Africa, Canada and New Zealand. These truth-telling processes have played a role in advancing healing and reconciliation between Indigenous people and wider communities across society.

The truth and justice process forms part of Victoria’s path towards a treaty, the content of which is to be negotiated between Aboriginal Victorians and the Victorian Government in accordance with a framework currently being developed under the Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic).

Although the terms of reference for the truth and justice process are yet to be decided, this historic shift will involve deep and complex questions about Victoria’s history and identity, which are likely to continue public discourse on the past and present position of Indigenous people within Australian society.

Next steps

For further information on the development of the treaty framework, visit the Victorian Treaty Advancement Commission and the First Peoples’ Assembly of Victoria websites.

By Heidi Asten, Partner, and Peggy Gusah, Paralegal