Self-determination is about empowering the Aboriginal community to organise itself and choose its own representatives.
The First Peoples’ Assembly of Victoria – the democratic voice for the Aboriginal and Torres Strait Islander community – has an open process for Traditional Owner groups to apply for a reserved seat on the Assembly.
The Assembly has two types of seats – general and reserved. General seats are filled by elected Members during Assembly elections and reserved seats are for representatives from Traditional Owner groups.
The Assembly had previously relied on the Government’s protracted process that Traditional Owner groups must undergo to gain formal recognition under state legislation, but Assembly Members determined the Assembly’s own additional criteria for recognising Traditional Owner groups.
We want to make sure everyone’s voice is heard and that our cultural ways of doing business are front and centre. We’re not going to be limited by colonial structures and concepts.
Traditional Owner groups without that formal recognition can apply directly to the Assembly for a reserved seat, provided they meet certain criteria.
Notice of application for an Additional Reserved Seat on the Assembly
In December, the First Peoples’ Assembly of Victoria invited interested parties to comment on an application for an additional reserved seat by the Wamba Wemba Aboriginal Corporation in the north west of Victoria. This could include a comment supporting or objecting to the application.
Interested parties were asked to provide their comments in writing by 19 January 2024 by completing our online form.
THAT COMMENT PERIOD HAS NOW CLOSED.
For more information about the application, interested parties can contact coordinator@firstpeoplesvic.org.
The Guidelines for Comments is also available for information about providing comments objecting to the application.
Background
On 6 October 2023, the Wamba Wemba Aboriginal Corporation re-submitted its application for an additional reserved seat on the Assembly with additional material.
The re-submitted application included information relating to an annual general meeting of the corporation held on 20 May 2023 and a full group meeting held on 15-16 September 2023 at which motions were passed endorsing the application to the Assembly for an additional reserved seat.
Details of Additional Reserved Seat Application
Applicant Group
Wamba Wemba Aboriginal Corporation
Application Area
The application area covered an area with a boundary from North of Swan Hill, South-East along the Murray River to Koondrook, then West to Birchip (via South of Kerang) before heading North to Lake Tyrrell and back east to Swan Hill via Tyrrell Downs and Chillingollah. Please see the map at the end of this notice for a more exact picture of the application area.
Nature of Application
The additional pathway for a reserved seat requires the applicant group to demonstrate they meet the ‘Additional Traditional Owner Group Criteria’ adopted by the Assembly Chamber under the expanded definition of ‘Traditional Owner Group’ in the Assembly’s constitution.
The Additional Traditional Owner Group Criteria cover four categories:
- The group’s application area is not represented in whole or in part by an existing reserved seat on the Assembly
- The group’s application to become a Traditional Owner Group has significant support amongst Traditional Owners for the area
- The group is an established group or nation
- The group has an ongoing connection to Country
Consequences of possible decision to grant new reserved seat
A decision to grant or refuse a new reserved seat is made by the whole Assembly Chamber, taking into account all available facts, including evidence given by applicants and relevant information raised by interested parties, including through this comment and objection period.
If a group is granted a reserved seat, they can appoint a representative to sit on the Assembly as an Assembly Member under the Assembly’s Appointment Rules. That person would be the reserved seat holder representing the Wamba Wemba Peoples as the new Traditional Owner Group holding a reserved seat in the Assembly. As a Reserved Member, that person would have the same rights as all other Assembly Members. The Reserved Member would consult with the Traditional Owner Group that selected them and may exercise their powers in a way they consider to be in the interests of the Assembly so as to preserve and advance the interests of all First Peoples in Victoria.
All interested parties should be aware:
- Having a reserved seat in the Assembly does not change a group’s status under legislation.
- Having a reserved seat in the Assembly does not give a group specific rights to negotiate a Traditional Owner Treaty.
- A reserved seat granted using this process will be cancelled if another Traditional Owner Group is formally recognised under legislation over all or part of the same application area.
- A reserved seat granted cannot impact any rights of existing reserved seat holders.
Comments
You could make a comment supporting or objecting to the application.
Please note: full details and evidence submitted by the applicant group was not available to parties making a comment.
Requirements
A comment had to:
- give the reasons for supporting or objecting to the application and
- in the case of an objection, explain how a decision by the Assembly to grant a new reserved seat to the applicant group would have a negative impact on you.
We did not take into account any parts of a comment that were defamatory, offensive, trivial or vexatious. Cultural safety is paramount and lateral violence will not be tolerated.
Who could make a comment
Any interested party could comment on the application. This included individuals, organisations and family groups.
If an organisation was making a comment, the person lodging the comment needed to demonstrate their authority to speak on behalf of the organisation.
If a family group was making a comment, the person lodging the comment needed to demonstrate authority to speak on behalf of the family group, for example, by nominating an Elder of that group to support the comment.
What information may be shared?
The information you provided may be shared with the applicant group, in summary form, for the purpose of preparing a response.
For an organisation, this includes sharing the name of the organisation making the comment.
For an individual or family group, you were encouraged to permit your name to be disclosed to the applicant group, so that the comment might carry more weight.
Your personal information will be handled in accordance with the Assembly’s Privacy Policy and the privacy statement on the Comment Form (see below).
How can comments be made?
You had until 19 January 2024 to submit a comment. Objectors were also be given the opportunity to attend a face-to-face meeting to explain their objection.
THE COMMENT PERIOD HAS NOW CLOSED.
