Region: South East
Reserved Seat: Gunaikurnai Land and Waters Aboriginal Corporation

Purpose:

The purpose of this report is to provide a summary of activity which will inform the pathway to treaty making in Victoria. The report is a key accountability measure in my capacity as the reserved seat holder of the Gunaikurnai Land and Waters Aboriginal Corporations.

Scope:

The scope of the report covers the reporting period from Monday 1st July 2024, up to the 4th of September 2024 Chamber meeting Swan Hill. The report will highlight key activities associated with engagement, strategy and planning, including political actions associated with the objective of a Treaty with the state of Victoria by the end of the calendar year 2024. The report will provide a summary of key activities associated with my role as director of FPAV.

Positions held:

•  Chairman Self-Determination Fund Committee,
•  Convener Economic Prosperity Working Group,
•  member of the Accountability Working Group,
•  member of the Treaty Committee,
•  Director First Peoples’ Assembly Victoria.
•  Chairperson GLaWAC

Work priorities:

ACCO Forum 26 August 2024
In my capacity as GK representative I supported the Assembly to prepare for statewide Treaty negotiations, engagement with the Aboriginal Community Controlled sector intensified over the reporting period. A key feature of this work was to ensure the advocacy and expertise of the ACCO sector, and the collective voice of other Governance Forums informed the approach to Treaty making as well assist in the priority’s that will inform a negotiation brief that will lay down the foundations for the first Treaty. This work has been and will continue to be, a key driver of the journey to Treaty. Alongside other forms of engagement such as regional gatherings, this series of forums is designed to be an interactive space to engage a broad range of ACCO stakeholders. We as Assembly members have identified that ensuring ACCO’s and Governance forums see themselves in a Treaty landscape is going to be critical to being able to build collective support for Treaty and to set the community and ACCO sector up for success in a Treaty era.

Treaty / VACCA Placed Based Project (PBP) Morwell.
I attended and supported the VACCA place based Project prior to this I attend and was briefed by the CEO of VACCA as to the Strategic Governance Group’s whose role is to ensure that the Morwell PBP implements the National Agreement through a long-term community development approach that “responds to local priorities” (Clause 35), as consistent with the agreed partnership elements (Clauses 32-33).

The group also has responsibility in informing the Ngaweeyan Maar-oo Partnership Forum and the State Close the Gap Partnership forum of progress against funded deliverables. Ultimate role is to approve and submit a budget bid for 2025/26 State budget.

The National Agreement on Close the Gap commits the Commonwealth, State and Territories, and the Australian Local Government as parties to the Agreement, to jointly establish six place-based partnerships to focus on implementation of the National Agreement at the regional or local level. Community data projects are also a commitment but not compulsory in each jurisdiction.

The local place-based partnership will have the following outcomes:

• Demonstrate how implementation of the Closing the Gap Priority Reforms at the local level can fundamentally change the way the government does business with Aboriginal people, communities and originations.
• Support community to develop approaches that foster transformational and sustainable change and respond to community priorities under the National Agreement, rather than programmatic approaches which react to symptoms or temporary issues.
• Support the community in Morwell to determine their aspirations and priorities under the National Agreement through local representative structures, including through the development of community development plans which elaborate those aspirations and priorities.
• Track implementation of all aspects of Closing the Gap in Morwell to demonstrate the practical application of the National Agreement on the ground.
• Bring Aboriginal communities together with governments to share decision making, drive community-led outcomes and support community-led development initiatives under the National Agreement. I supported key outputs across the forum on the following dates, In lieu of the unavailability of FPAV co-chairs.
• 5 August 2024 (Project Governance Groups) – Chair Muriel Bamblett
• 12 August 2024, Community Workshop all day event
• 13 August 2024 Community Workshop, all day event

Self-determination fund.

As Convener of the SDF my committees work over the last three months has focused on affirming several warranties with the state of Victoria. The purpose of these warranties is to ensure that key deliverables are actioned so that the First Peoples’ Assembly of Victoria can demonstrate that it is complying with agreed assurances to support an additional $15 million allocation in to the Self-Determination Fund. The assurances represent the SDF trustee actions such as audit it audited reports, annual general reports investment strategies to name a few.

Key Highlights of the SDF Committees work
Over the last three months I have been leading the work with my committee and our policy experts to ensure that our responsibilities under the Self-Determination Fund Agreement are and have been met, the following has been actioned by the committee to ensure we receive the final instalment of $15 million will be released to the SDF.

• The Trustee of the Self-Determination Fund is working towards receiving the third payment from the State of $15 million.
• This is the final payment from the initial funding obligation of $65 million.
• the 2023/2024 SDF Annual Report must be published on the Assembly’s website
• the Assembly must affirm warranties to the State prior to the third State payment.
• The Fund’s Annual Report ratified and was published on 29 August. (metric met)
• The Annual Report was published in accordance with the expectations of the warranties
• Affirmation of the warranties was ratified by Council on 29/ 30 August. (metric met)
• Council affirmed the warranties to the State. (metric met)

Noting this is the only function that has been retained as a responsibility of Council rather than it being with the SDF Council Committee.

First principles Review working Group
I have been collaborating with Traditional Owners as to seeking a positive outcome related to several recommendations associated with the First principles Review. The Review is timely, as the Settlement Act has been in operation for over ten years, resulting in three finalised agreements, and other Traditional Owner groups in active negotiations with the State. As a result, increasing areas of Victoria are becoming subject to binding legal agreements recognising Traditional Owner rights. In addition, the Review has occurred against a changing landscape in both Victoria and across Australia, not least because of the Victorian Government’s recent commitment to Treaty and the Yoorrook Justice Commission, but also because of the Government’s commitment to Self-determination as a human right. More broadly, there have been substantial advances in the law associated with the Native Title Act 1993 (Cth) (NTA), including the recognition of commercial rights in Akiba v Commonwealth of Australia [2013] HCA 3, and the establishment of a methodology for calculating native compensation in NT v Mr Griffiths (deceased) and Jones [2019] HCA 7 (Timber Creek decision).

The FPAV / FPR working groups objective is to provide an analysis to the governments Interdepartmental Committees First Principles Review Draft Implementation Plan. This work has been focusing on prioritising several Tranches that best support Traditional Owner priorities rather than government, the outcome sought is to have an effective and agreed Implementation plan for the FPR which aligns with self-determination and greater input from traditional owners.

The work has involved the following.

•  Prioritising the Recommendations
•  Agreeing to the Terms of Recommendation
•  Identifying where further work is required
•  Assessing Implementation priority against High, medium, low priority or no longer required Comments / feedback

Economic Prosperity Working Group

As the Chairperson of the Economic Prosperity Working Group our deadly team with the support of our policy staff “Daniel Yore” are building a brief as to the aspirations associated with economic prosperity. The work is cutting edge and will inform the FPAV position as to wealth and prosperity for mob. This work will feed into the FPAV negotiation brief that must be concluded by 16 October 2024.

This work has line of sight to our submission into the Yoorrook enquiry in particular The Assembly’s submission emphasises the following key points:

• The economic dimension of Self-determination is an essential component of full and meaningful Self-determination and to ensuring that First Peoples have the power to shape and decide on systems, laws, policies, and programs that impact them.
• The economic injustices that continue to be experienced by First Peoples are inextricably linked to past injustices, colonial practices and Victorian Government acts.
• Lessons from other jurisdictions demonstrate that better economic outcomes are achieved for everyone when First Peoples have greater control and decision-making power over their financial resources.
• The Treaty process in Victoria provides the opportunity for systemic reform and shifting decision-making power from the Victorian Government and into the hands of First Peoples. This will benefit First Peoples as well as all Victorians.
• The Self-Determination Fund is a ready-made vehicle to enable First Peoples economic prosperity and economic self-determination

The work I am leading is supported by the following conceptional framework.

Collaboration with the Kaiela Institute 30 August 2024

The Economic Property working group has focused its efforts to work closer with the Kaiela Institute. Kaiela is a First Nations-led analysis and policy think tank which provided a place and a process to encourage and support our leaders and institutions to collaborate and take a more strategic approach to building the future of our Goulburn Murray community.

In my role as Convener of the Economic prosperity working group our team has focused on an opportunity to leverage off the learning of the Kaiela Institute to shape a process as to how we implement economic prosperity. WG5 is keen to understand, and implement were possible how to integrate and how we re-think and act. To design and implement an inclusive future for all Aboriginal people across the state by learning from the Goulburn Murray region of Victoria. The FPAV is committed to innovative solutions, focused on regional development, prosperity and sustainability of First Nations cultures. Our work will be shaped by the experience and learnings from Kaiela.

This report reflects my activity across the last reporting period From March 2024 -28 June 2024. It includes activities across:

a.            Organisational strategy and planning

b.           Community engagement

c.            GLaWAC feedback and updates

d.           Corporate engagement.

2.         Organisational strategy and planning

FPAV work priorities: Over the past few months, what have been the areas of work or key messages you have been sharing with Community in your region? What have you been seeking feedback on?

2.1:      Self Determination Fund (SDF)

As Convener of the SDF, I have overseen several meetings so that key activity is able to progress to ensure the FPAV as a member of the fund is compliant with its obligations. I have spent 2023 working towards the key objectives outlined in the SDF strategic plan notably the implementation of the Plan. This year’s primary focus has seen the post implementation activities of this plan. Key actions have been

• Approval of allocation and expense budget for SDF
• Development of memorandum of understand between SDF and FPAV
• Approving of the SDF investment strategy
• Preparing for SDF Annual General Meeting 2024 as well as vetting publish related reports.
• There have been 3 meetings of the SDF committee across this reporting period

2.2:      Reserved Seat Assessments

Since March 2024, I have worked with Rueben Berg and our legal team so that a culturally appropriate assessment of the Reserved Seat process for the Wamba Wemba Aboriginal Corporation could be ratified. This work was undertaken across the previous 12 months; however, it was between March and June 2024 the work was final concluded and endorsed through the FPAV authorising environment. The culmination of the reserved seat assessment process reached its climax on 28 June 2024 where the WWAC delegate took up her seat on Chamber. This was a groundbreaking moment of the FPAV and demonstrates that our process’s work and have community at its forefront. 

2.3:      Working Group 5 – Economic Prosperity

The FPAV has stood up 5 working groups to ensure that we have effective structure that feed on the FPAV Draft Negotiation brief which is a priority output that will involve community input. There have been 3 meetings across this reporting cycle that have laid the frameworks as to what Economic Prosperity looks like in the Treaty implementation landscape. Currently the work is focusing on creating wealth and prosperity (building sovereign wealth for generations). The Economic Prosperity working group is leveraging off the inputs of subject matter experts who are practitioners within the economic prosperity landscape. The working groups has three areas of development work which are the main focus, these are represented in the drawing below and will inform the negotiating brief over the next 300 days.

 2.4:      Working Group 2- Governance and Accountability

I have spent one meeting across this groups as the work groups are defining the priorities for next 300 days. The working groups focus is to leverage of several reports so that we can shape our position as to recommendations from Yoorrook, Closing the Gap Priority reform actions, the working groups will also leverage off key aspects of the Productivity Commission’s recommendations and review of Aboriginal expenditure which will also shape our work.

2,5:      Data Sovereignty think tank

We are reconvening the Data Sovereignty think tank, I convene this meeting with Alister Thorpe. The output we are seeking to build is a solid FPAV data sovereignty process that leverages off evidence-based work. The work seeks to align the importance of Self-determination and the ownership of data, through sound cultural governance practices is at the cornerstone of our intellectual property rights. This work has gained traction and is leveraging off key work undertaken in the space by the Treaty Authority across the last 5 months.

2.6:      Treaty Committee

I have attended all Treaty committee meeting over the last reporting period, these meetings are a significant part of the FPAV authorising environment and are a cornerstone activity that shapes the direction of Treaty making here in Victoria. Key points:

• Meetings occur fortnightly, equating to 6 across reporting period
• Treaty Committee progress work across to Council
• Council progress work across to chamber for ratification
• Treaty committee shapes and supports working group outputs and timelines

2.7: Council

I have attended all council meetings across the reporting period, 1 every month. Councils purpose is to ensure good compliant governance, probity and fiduciary duty occurs across the organisation, as well as key materials and decision making process make its way to Chamber for consideration and action..

2.8: Media

I participated in 1 media interview with ABC Gippsland. The focus was on regional engagement and expected outputs of the engagement, The ABC interview focussed on key messaging as to what the FPAV priorities were over the remainer of 2024.

 3    Engagement activities: 

• Regional KESO/ KEC forum, 29 May 2024, 100 people in attendance approx.
• GLaWAC Community Day Out Morwell, 400 people in attendance March 2024
• 2 GLaWAC Board Meetings – Treaty updates provided April, May and June 2024
• Monash University Sustainable Development Institute 29^th May 2024 – 55 people in attendance
• Bairnsdale Community engagement gathering, 19 June 2024
• Morwell Community Engagement Gathering, 20 June 2024
• Warragul Community engagement Gathering, 21 June 2024
• Elders update April 2024
• 15 Individual community member catchups around Latrobe Valley – unplanned and ad hoc across reporting period
• Victorian Philanthropic Treaty and SDF luncheon presentation 24 April 2024
• Traditional Owner Land Management Board – update and overview April 2024.
• Rumahyuck Community Luncheon in Sale to learn about Treaty. Attended with Brian Alice and Peter 1 May 2024
• Catch-up and short discussion with DELK Dja Indigenous family violence working group. – Ad-hoc and opportunistic discussions. 13 May 2024, Morwell
• Victorian Policy Apology to Stolen Generations – AAL community networking. 24 May 2024
• Victorian Aboriginal Servicemen Remembrance Day – Reef laying and Treaty networking 29 May 2024
• Reconciliation week activity: Latrobe City Council flag week raising 27 May 2024
• Discussion with National Party reps Gippsland 13 June 2024.
• AIATSIS Conference, 3 -7 June 2024, 4 speaking engagements and session facilitation actions.
• After Hours Treaty networking with AITSIS delegates MCG – 7-10 pm 6 June 2021
• 4 ad-hoc meetings with Aboriginal artists as to Treaty Day Out April-May 2024
• Orbost Full group meetings, Bidwell, Nagario Monero and Gunaikurnai. attended with Brian Stevens and Peter Hood. 150 people in attendance across two days Friday and Saturday May 2024 Note: 700Km travelled for this one.

Insights: 

• Change of government implications – this gets high rotation everywhere.
• People are genuinely in awe of the work undertaken to date and depending on the group feel informed including the professionalism of our staff and members.
• People want more organised engagement, they seem to understand the Treaty elements, but would like to know more as to how we are posturing for the future, they really want more detail on the pathway for the next 300 days.
• There is a strong desire for FPAV to review its electoral boundaries across West Gippsland and Bass Coast.
• Some People think that Gippsland should have 6 representatives across 6 local government areas
• Some people would like to know more about how the Reserved Seat process works.
• Regionals would like greater outreach with the SDF 
• Can community apply for SDF across phase 1? These people understand that they may not go on the TA data base but require to have the scope to hold discussions around Treaty and how they engage better with the process.
• There have been no negative comments that have been amplified in any of my meetings 

4    Implementation: 

• The insights should inform future planning priorities so that we can build structure and deliver workshops against key themes across Gippsland.

• Looking ahead: Are there any key areas of work you will be progressing in the upcoming months? What opportunities will Community members in your region have to connect with you?

• Community can connect directly to me through the Morwell office, Collingwood office and GLAWAC Office. Community can contact me directly if they need to have a Treaty conversation.

The feedback form regional consultation and ad hoc meeting is a clear desire to focus more activity across the future and current work associated with Treaty Strategy. Furthermore, Reserved Seat opportunities as to education of the process is a highly desired expectation. An expectation that the Treaty Authority and the Self Determination Fund have a presence in regional meetings was evident across all regional meetings, it is noted that Andrew Jackamos did attend the Gippsland meetings. 

My name is Troy McDonald, and I’m fortunate to be nominated as the reserved seat holder on behalf of the Guna Kurnai Land and Wates Aboriginal Corporation, this is my second term as a Member of the First Peoples Assembly Victoria where I was elected on to the Board on 19 December 2019 and again in July 2023.

Over the past few months, I have been heavily involved in internal activities intended to shape inclusiveness in my role as an Assessor for additional reserved seats. This work has been a complex and detailed process designed to ensure that a transparent and unbiased evaluation, whilst respecting for confidentiality with raged to the applicant. As a part of the Reserved seat process, I support the team’s ethical conduct which assisted in building a positive, inclusive, and accountable assessment outcome that leveraged of facts and evidence. The outcome of this work should be realised in the March 2024 Chamber meeting.

I am also leading work as the Convener of the Self-Determination Fund Assembly Committee. The fund has taken a fair bit of sustained effort in order to stand up a Trustee Structure which ensures that we have mechanism of oversight to protect the community assets entrusted with us. A couple of key deliverables were, review of funding guidelines, memorandum of understanding and recruitment of a SDF chief Executive Officer. The SDF structure leverages off a robust but separated relationship with Trustees and the SDF committee – this work will continue over this term of the FPAV for the next three years.

I am also heavily involved in key strategic actions associated with the Treaty committee. The purpose of this committee is to support decisions in relation to Treaty making and the Self-Determination Fund. One of the key deliverables of my role is to support the co-conveners in shaping the work around minimum standards, support the development of a Strategic Engagement Plan and the stand up of Treaty committee work streams that focus on the following:

• Economic Empowerment
• Inherent Rights
• Accountability and oversight
• Strengthening Culture, communities, and family
• Future Assembly and Transformed relationships.

It is anticipated that these committees will be activated around April 2024.

As the year unfolds there are two types of engagement that I have undertaken, these are defined as Strategic Engagement & Community Engagement. I have provided Treaty insights to the One Gippsland Forum which is a peak organisation platform that seeks to have a coordinated voice across the social and economic space across Gippsland. As an invitee to this forum my role was to provide an overview of work to date as well as seeking strategic allies for the Victorian Treaty process. As a reserved seat holder and Chairperson of GLaWAC this was a critical touch point for the promotion of the FPAV and the agenda we are pursuing across the state.

I have also met with The Gippsland Regional Partnership Forum (GRPF) which is a consultative body that engages with its community throughout the year. The Gippsland Regional Partnership is one of nine Partnerships across the state, established by the Victorian Government, recognising that local communities are in the best position to understand the challenges and opportunities faced by their region. Why is engagement with these groups important? Through the Treaty process local treaties will be on the table across regions, as such it is imperative that these groups understand and educate that there may be some involvement through platforms such as the GRPF to engage with a localised Treaty process.

Since November 2023 up to March 2024 I have worked with other South East Assembly Members conducting engagement across Lakes Entrance, Morwell, Warragul, and Ramahyuck. Some of the key learnings are that people are genuinely interested in Treaty and what it could mean for them. Many participants have indicated that they feel heard when they raise issues. That said, the social complexities around housing and social justice are a constant amplification for system change and some of these issues were also part of the feedback I received in my recent visit to Fulham prison. To summarise key insights:

• More information on Self-Determination Fund
• How will the Treaty Authority work?
• How do you define what is in scope for a local Treaty?
• What is UNDRIP and does FPAV provide information and knowledge sharing regarding this topic?

The insights gained ought to be able to inform broad decision-making based upon consultative feedback from constituents. The learnings ought to inform FPAV policy development and how we build our community engagement in the journey to Treaty. This process needs to be underpinned by trust and inclusiveness that supports a roborative opportunity for all First Peoples to participate in.

From March 2024 we are hopeful that FPAV will meet the threshold as the Aboriginal Representative Body to negotiate Statewide Treaty, we are hopeful that we will have a position/s as to what these negotiation points are in the second half of 2024. Assembly South East Members will be required to share points for feedback across the remainder of 2024, furthermore FPAV know that we need to mobilise as many of our people as possible so that we can continue to build a mandate and support for Treaty here in Victoria.

I would like to express my gratitude to all people that have supported me in this important role, I would also like to give a shout out to those community members that activate their voice in this process. I am always available for a conversation and encourage any and all to contact me if they would like a catch-up. Thanks Troy.