Path to Treaty Bill 2023
Plain English Summary
Overview
This bill creates a formal pathway towards treaty negotiations between Queensland's First Nations peoples and the state government. It establishes the First Nations Treaty Institute as an independent statutory body to develop a treaty-making framework and support Aboriginal and Torres Strait Islander peoples, and a Truth-telling and Healing Inquiry to document the effects of colonisation. The bill was passed with amendment.
Who it affects
Aboriginal and Torres Strait Islander peoples across Queensland gain a formal structure for treaty negotiations and truth-telling. Queensland Government agencies may be required to produce documents and attend hearings as part of the Inquiry.
Key changes
- Creates the First Nations Treaty Institute as an independent statutory body, governed by a 10-member Council of Aboriginal and Torres Strait Islander people, funded at $10 million per year from the $300 million Path to Treaty Fund
- Establishes a Truth-telling and Healing Inquiry for up to 3 years to investigate and document the effects of colonisation, with powers to compel government agencies to produce documents and attend hearings
- The Treaty Institute will develop a treaty-making framework covering negotiation processes, dispute resolution, and the legal effect of a treaty
- Government entity chief executives who fail to comply with Inquiry attendance notices face penalties of up to 100 penalty units
- Removes outdated and offensive provisions from the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, including replacing the term 'Aborigines' with 'Aboriginal peoples'
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee22 Feb 2023 – 10 May 2023View Hansard
Referred to Community Support and Services Committee
▸Second Reading9 May 2023 – 10 May 2023View Hansard
That the bill be now read a second time
Party VoteVote on whether to advance the Path to Treaty Bill to the committee stage, establishing the First Nations Treaty Institute and Truth-telling and Healing Inquiry. Passed on the voices without a recorded division.
The motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
▸42 members spoke39 support3 mixed
Supported the bill as creating a brighter future for First Nations people and all Queenslanders through acknowledgment and learning from the past.
“By working together through Path to Treaty we will create a better Queensland for all.”— 2023-05-10View Hansard
As Minister for Aboriginal and Torres Strait Islander Partnerships, moved the second reading and spoke of the historic significance of the bill being debated at the Cairns regional parliament, outlining the establishment of the First Nations Treaty Institute and Truth-telling and Healing Inquiry.
“We meet here today for this historic regional parliament in Cairns on the lands of Gimuy Walubara Yidinji people, to the north the Yirrgandji people and to the west the Djabugay people.”— 2023-05-09View Hansard
Supported the bill, sharing his family's history in North-West Queensland including employing Aboriginal people and breaking segregation. Called on the House to treat all Indigenous people with dignity and respect.
“It wasn't the money I wanted but to be treated with dignity and respect. Now it is our time as legislators to address the wrongs of past legislation.”— 2023-05-10View Hansard
As shadow minister for Aboriginal and Torres Strait Islander partnerships, announced the LNP will not oppose the bill and sees it as an important step forward in a better future for all Queenslanders.
“The LNP will not oppose the Path to Treaty Bill and see the bill as an important step forward in a better future for all Queenslanders.”— 2023-05-09View Hansard
Did not oppose the bill, invoking the poetry of Oodgeroo Noonuccal to argue for unity. Called on the government to make a real difference in Indigenous communities starting immediately.
“I will not be opposing this bill because, as Queenslanders and Australians, we value unity.”— 2023-05-10View Hansard
Spoke in support of the bill addressing the needs and interests of Aboriginal and Torres Strait Islander affairs through the Path to Treaty framework.
“This bill was introduced to parliament by our Premier on 22 February 2023 and referred to the Community Support and Services Committee.”— 2023-05-09View Hansard
Strongly supported the bill, recognising the resilience of Aboriginal and Torres Strait Islander peoples and thanking the minister and Premier for bringing it to the House.
“I want to recognise the minister and the time he spent with me to make sure I understood this process, but also the Premier for taking leadership in bringing this bill to the House.”— 2023-05-10View Hansard
Spoke in support, arguing the Path to Treaty must foster reconciliation and operate with bipartisan agreement, transparency and openness to ensure the best outcomes for all Queenslanders.
“Path to Treaty must operate with bipartisan agreement to ensure the best outcomes for Queenslanders.”— 2023-05-09View Hansard
Supported the bill, sharing her experience working with traditional custodians as deputy mayor and welcoming the bipartisan commitment to outcomes for Aboriginal and Torres Strait Islander peoples.
“I look forward to seeing the outcomes of Path to Treaty.”— 2023-05-10View Hansard
Rose in support of the Path to Treaty Bill.
“I rise to speak in support of the Path to Treaty Bill 2023.”— 2023-05-09View Hansard
Raised significant concerns about the bill, arguing the government's selection process for the Treaty Institute Council was not independent and did not fulfil requirements for free, prior and informed consent. Questioned whether the process truly served First Nations people.
“No body whatsoever could be described as independent when its members and leadership are to be hand-picked.”— 2023-05-10View Hansard
Spoke about First Nations and non-First Nations Queenslanders being together for generations, with lives, stories and songlines intertwined.
“First Nations and non-First Nations Queenslanders are together, and we have been together for a couple of hundred years now. Our lives, our stories and our songlines have been intertwined for generations.”— 2023-05-09View Hansard
Supported the Path to Treaty Bill overall but explicitly opposed the government's proposed CID amendment removing provisions relating to indictable offence convictions for Treaty Institute members.
“I am supportive of the Path to Treaty Bill, but I want it on the record that I do not support the proposed amendment to remove from the bill provisions relating to indictable offence convictions.”— 2023-05-10View Hansard
Spoke as a regional member representing Indigenous communities including Cherbourg, expressing deep sadness that the committee did not have enough time to consult her electorate and raising concerns from local councils about lack of clarity around the Path to Treaty.
“It is with deep sadness that I note that even the committee chair acknowledged that they did not get enough time to come to the electorate of Nanango.”— 2023-05-09View Hansard
Supported the bill, drawing parallels with the 1967 referendum where 91 per cent of Australians voted to count Aboriginal and Torres Strait Islander peoples. Expressed pride in being part of the historic moment.
“All I ask is that we vote the same way: 'yes' for a voice. We counted them and now we need to give them a voice.”— 2023-05-10View Hansard
Rose in support of the bill, thanking the committee for visiting Woorabinda in her electorate.
“I rise to speak in support of the Path to Treaty Bill 2023.”— 2023-05-09View Hansard
Supported the bill as a member of the Community Support and Services Committee which examined it.
Acknowledged traditional owners and spoke in support of the bill.
“I would like to begin by acknowledging the traditional owners of the land on which we meet today and thank them for their welcome to country this morning.”— 2023-05-09View Hansard
Spoke in support of the bill.
Spoke in support acknowledging the work of the minister and his department and the Community Support and Services Committee.
“I would like to acknowledge the work of the minister and his department and also the Community Support and Services Committee.”— 2023-05-09View Hansard
Spoke in support of the bill.
Raised concerns about the existing complexities and expectations on First Nations councils, urging the government to engage better with local government and ensure their concerns are addressed.
“I ask that the government engage better with this sector and ensure that their concerns are appropriately addressed.”— 2023-05-09View Hansard
Spoke in support of the bill.
Spoke about the treaty process, recalling Uncle Mick Gooda's words that there will not be just one treaty.
“There will not be just one treaty.”— 2023-05-09View Hansard
Spoke in support of the bill.
Rose in support of the bill, noting it was fantastic to be in Cairns for this historic debate.
“I rise to speak in support of the Path to Treaty Bill 2023. It is fantastic to be here in Cairns in Far North Queensland.”— 2023-05-09View Hansard
Spoke in support of the bill.
Spoke in support of the bill, commending the committee's extensive travel to hear from communities and calling for truth-telling about conditions in remote Indigenous communities. Commended the bill to the House.
“It is time for people of goodwill to walk together down the path to treaty. I commend the bill to the House. I encourage all members to support it.”— 2023-05-09View Hansard
Spoke in support of the bill.
Spoke about the bill's objectives to establish a First Nations Treaty Institute to support the development of a framework for treaty negotiations.
“The objectives of this bill are: to establish a First Nations Treaty Institute, a new statutory body to support the development of a framework for treaty negotiations.”— 2023-05-09View Hansard
Spoke in support of the bill.
Supported the bill and the path to treaty process, hoping it would find pathways for displaced First Nations peoples to return to their homelands, and emphasising the need for bipartisan agreement.
“I am hoping through this process and what we are supporting that we are able to find pathways—a pathway to make sure that they are not forever displaced and they can go back home.”— 2023-05-09View Hansard
Spoke in support of the bill.
Acknowledged the historic moment and the privilege of being part of a government championing this reform.
“I rise to make a contribution to the Path to Treaty Bill and in doing so acknowledge what an historic moment this is.”— 2023-05-09View Hansard
Spoke in support of the bill.
Welcomed the bill, acknowledging traditional custodians and paying respects to elders past, present and emerging.
“I would like to acknowledge the traditional custodians of the land on which we gather and pay my respects to elders past, present and emerging.”— 2023-05-09View Hansard
Rose in support of the bill and also expressed support for the Voice, truth-telling and moves towards treaty.
“I rise to speak in support of the Path to Treaty Bill. I also support the Voice, I support truth-telling and I support moves towards treaty.”— 2023-05-09View Hansard
As the local member for Cairns, rose in support of the bill and truth-telling.
“I rise in support of and to make my contribution to the Path to Treaty Bill. I also want to make it very clear that I support truth-telling.”— 2023-05-09View Hansard
Made a brief contribution in support of the bill, acknowledging the history of Aboriginal dispossession in Australia.
“I rise to make a very brief contribution in support of the bill before the House: the Path to Treaty Bill 2023.”— 2023-05-09View Hansard
Spoke in support of the bill and the amendments proposed by the minister.
“I am pleased to rise to speak in support of the Path to Treaty Bill 2023 as well as the amendments proposed by the minister.”— 2023-05-09View Hansard
Stated he was proud to be supporting the bill while ensuring his contribution reflected the views of his electorate in Southern Downs.
“I am proud to say that I will be supporting it, however I would like to make sure that my contribution here is reflective of the kinds of views expressed to me by the people who have elected me in Southern Downs.”— 2023-05-09View Hansard
Spoke in support of the bill to establish the First Nations Treaty Institute.
“I speak tonight to support the bill for an act to establish the First Nations Treaty Institute to prepare a framework for treaty nations.”— 2023-05-09View Hansard
▸In Detail10 May 2023View Hansard
Government amendment No. 1 changing the short title date from 2022 to 2023.
Government amendments Nos 2-7 requiring the minister and Treaty Institute Council to consider criminal history reports when appointing Council members, the CEO, and secretary, while removing automatic disqualification for indictable offence convictions.
That the amendments be agreed to
Vote on government amendments during Consideration in Detail that removed automatic disqualification provisions for Treaty Institute Council members and senior executives who have convictions for indictable offences, instead giving the minister discretion. The LNP opposed these amendments arguing the same strict rules should apply as for blue cards.
The motion passed.