Path to Treaty Bill 2023

Introduced: 22/2/2023By: Hon A Palaszczuk MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill creates Queensland's legal framework for negotiating treaties with Aboriginal and Torres Strait Islander peoples. It establishes two new institutions: the First Nations Treaty Institute, an independent statutory body to help First Nations communities prepare for and participate in treaty negotiations; and the Truth-telling and Healing Inquiry, a three-year process to document the impacts of colonisation on Aboriginal and Torres Strait Islander peoples.

Who it affects

Aboriginal and Torres Strait Islander peoples gain a formal, funded pathway to negotiate treaties with the Queensland Government. All Queenslanders are invited to participate in truth-telling processes to build shared understanding of Queensland's history.

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, to develop the treaty-making framework and support communities to prepare for negotiations
  • Establishes a Truth-telling and Healing Inquiry for up to three years to document the effects of colonisation through culturally appropriate truth-telling sessions and hearings
  • Backs the treaty process with a $300 million Path to Treaty Fund, providing at least $10 million per year to the Treaty Institute
  • Gives the Inquiry power to compel Queensland Government agencies to produce documents and attend hearings, but participation by individuals and non-government organisations is voluntary
  • Updates the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 to remove outdated provisions and offensive language

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced22 Feb 2023View Hansard
First Reading22 Feb 2023View Hansard
Committee22 Feb 2023View Hansard

Referred to Community Support and Services Committee

Committee Findings
Recommended passage

The Community Support and Services Committee examined the Path to Treaty Bill 2023 over several months, holding public hearings and forums across Queensland and receiving submissions from First Nations communities, legal experts, government bodies and advocacy organisations. The committee made 18 recommendations, including that the bill be passed. Key areas of focus included the independence and governance of the First Nations Treaty Institute, the scope and powers of the Truth-telling and Healing Inquiry, the relationship between the bill and existing frameworks such as native title and the Uluru Statement from the Heart, and the need for broad public awareness campaigns. The government accepted some recommendations, noted others, and declined a few -- notably rejecting the suggestion for parliamentary oversight of the Treaty Institute in order to preserve its independence.

Key findings (5)
  • Submitters broadly supported the intent of the bill, with particular endorsement from First Nations communities, human rights organisations, and the Queensland Human Rights Commission.
  • Concerns were raised about the independence of the Treaty Institute Council, given that members are appointed by the Governor in Council on the Minister's recommendation rather than elected by First Nations peoples.
  • The committee found that the three-year term for the Truth-telling and Healing Inquiry may be insufficient and recommended extending it to five years, though the government did not accept this.
  • Multiple submitters highlighted the need for a clear framework addressing the intersection of treaty negotiations with existing native title prescribed body corporates, traditional owner groups, and displaced First Nations people.
  • The committee identified the need for a broad public awareness campaign to ensure community understanding of the treaty process and its distinction from the federal Voice to Parliament proposal.
Recommendations (18)
  • The committee recommends the Path to Treaty Bill 2023 be passed.
  • The committee recommends the responsible Minister considers including a reference to the Masig Statement - Malungu Yangu Wakay (Voice from the Deep) in the preamble of the Path to Treaty Bill.
  • The committee recommends that those responsible develop information materials for the community to ensure there is clear understanding of the Path to Treaty process and its relationship with the Uluru Statement from the Heart, and the progress towards a Voice to Parliament.
  • The committee recommends that the Queensland Government continues to support the resolution of Native Title matters that will assist to facilitate the making of Treaties.
  • The committee recommends the Queensland Government articulate a clear and transparent framework when negotiating treaties where there may be established Native Title prescribed body corporates, traditional owners, cross border communities, local community interests and displaced First Nations people.
  • The committee recommends amending clause 64(2) of the Path to Treaty Bill to state that the Truth-telling and Healing Inquiry must be established for a term of not more than 5 years, and an amendment to clause 88 to include a requirement that the Inquiry report to the Minister before the expiration of 3 years.
  • The committee recommends those responsible consider the New Zealand Waitangi Treaty framework and principles, among other jurisdictions, as models to inform the Queensland Treaty process.
  • The committee recommends those responsible establish the Queensland Treaty framework from a positive position of equity, opportunity and self-determination.
  • The committee recommends that the responsible Minister reconsider the use of the word 'institute' in the First Nations Treaty Institute and the Treaty Institute Council.
  • The committee recommends clause 55(1)(d) of the Path to Treaty Bill be omitted and that a new provision be included providing that a person's criminal history be taken into account in making appointments to the Treaty Institute Council and senior executive.
  • The committee recommends clause 49 of the Path to Treaty Bill be amended to include a provision that the responsible Minister table a copy of the annual report of the Treaty Institute in the Legislative Assembly within 14 sitting days after receiving the annual report.
  • The committee recommends the terms of reference for the Truth-telling and Healing Inquiry should explicitly recognise the relationship between truth-telling and treaty.
  • The committee recommends the Queensland school curriculum reflects the shared history of the State of Queensland.
  • The committee recommends that the recording of evidence during the Inquiry process be managed appropriately, reflecting trauma-informed approaches, cultural sensitivities and protection of intellectual property, and with respect for personal requests for anonymity.
  • The committee recommends the responsible Minister consider amending clause 87 of the Path to Treaty Bill to include provision for a review 12 months after the commencement of the Inquiry.
  • The committee recommends that the Treaty Institute be organised according to representative geographical regions.
  • The committee recommends that the Queensland Government conduct a broad and far-reaching public awareness and public information campaign about the importance of treaty, the roles of the Truth-telling and Healing Inquiry and the First Nations Treaty Institute, and how the community can engage with the treaty process.
  • The committee recommends the responsible Minister considers amending the Path to Treaty Bill to include a parliamentary oversight provision.
AI-generated summary — may contain errors
Committee Report29 Mar 2023

Committee report tabled

Second Reading9 May 2023View Hansard

That the bill be now read a second time

Party Vote

Vote on whether to advance the Path to Treaty Bill 2023 to Consideration in Detail, establishing the First Nations Treaty Institute and Truth-telling and Healing Inquiry. Passed on the voices without a recorded division.

Passed2023-05-10

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.

67 members spoke60 support3 oppose4 mixed
10.35 amHon. MC BAILEYSupports

Spoke passionately in support of the bill, drawing on his teaching degree research into Queensland parliamentary history and the frontier wars. Urged all members to vote affirmatively, describing truth-telling as applying the same standards as Anzac Day to First Nations peoples' history.

It is never too late to heal the wounds of the past. We are one of the few Commonwealth nations that does not have a treaty between the state and its First Nations people.2023-05-10View Hansard
11.45 amHon. CD CRAWFORDSupports

As Minister for Aboriginal and Torres Strait Islander Partnerships, moved the second reading and outlined the bill's provisions to establish the First Nations Treaty Institute and Truth-telling and Healing Inquiry. Responded to the committee's 18 recommendations and detailed the government's position on each.

This bill marks an historic and significant milestone in the negotiation process undertaken by the Queensland government and Queensland's First Nations people and non-Indigenous Queenslanders towards a treaty or treaties.2023-05-09View Hansard
10.42 amMr TANTARISupports

Supported the bill and spoke about the Butchulla warriors monument recently unveiled in Maryborough, the first of its kind in Queensland. Emphasised that the monument and Path to Treaty are about truth-telling, not blame.

Path to Treaty is the right thing to do now. It is right for a more reconciled future.2023-05-10View Hansard
12.07 pmMr LANGBROEKSupports

As shadow minister for Aboriginal and Torres Strait Islander partnerships, announced the LNP would not oppose the bill, describing it as an important step forward. Outlined the five phases of the Path to Treaty process and raised concerns about Closing the Gap targets not being met in health, education and housing.

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 and our relationships with Aboriginal and Torres Strait Islander peoples.2023-05-09View Hansard
10.48 amHon. SJ STEWARTSupports

Supported the bill as Minister for Resources, highlighting his work on native title, returning over one million hectares of land to traditional owners, and removing 15 racist place names from Queensland maps.

Truth-telling is an essential part of Path to Treaty. It will be uncomfortable and it will not be easy, but it is important.2023-05-10View Hansard
12.27 pmMs LUISupports

As a proud Iamalaig woman from the Torres Strait and committee member, spoke passionately about the bill's significance to First Nations peoples. Shared the emotional impact of hearing community stories during committee hearings and described the bill as a pillar of hope.

I speak today not only as a proud member of the Palaszczuk Labor government but also as a proud Iamalaig person from the Torres Strait and one of three First Nations members ever elected to the Queensland parliament.2023-05-09View Hansard
10.55 amMr KATTEROpposes

Opposed the bill on behalf of KAP, arguing the $300 million should be spent on practical outcomes like grocery prices, renal units, housing, and blue card reform rather than a treaty process. Expressed concern that treaty would not deliver tangible improvements to Indigenous communities and that the government uses words instead of actions.

I will still be in parliament talking about blue cards and everything else. You can shake your head all you like but I am sure I will be back in the trenches in five years time getting these stories of hardship.2023-05-10View Hansard
12.35 pmMr BENNETTSupports

As deputy committee chair, supported the bill but raised concerns about the eight-week inquiry time frame, poor community attendance at forums, confusion between the state treaty and federal Voice to Parliament, and the naming of the Treaty Institute. Called for bipartisan agreement and geographic representation in the institute.

Again, as a member of the opposition, I am very proud to be part of this historic moment today as we discuss a path to treaty.2023-05-09View Hansard
11.05 amHon. ML FURNERSupports

Supported the bill as Minister for Agricultural Industry Development and Fisheries. Shared personal connections with First Nations people including Aunty Honor Cleary and Aunty Lesley Williams, whose stories of domestic servitude and stolen wages illustrated why truth-telling is necessary.

In the words of Aunty Lesley, 'It wasn't the money I wanted but to be treated with dignity and respect.'2023-05-10View Hansard
12.44 pmMr SKELTONSupports

As a committee member, spoke of the emotional impact of the committee process and the importance of truth-telling. Described the bill as his greatest privilege and honour in the House.

From the moment that the Premier handed down this bill I realised how important it was to us as a state and as a nation. For too many years we have got things wrong and not listened.2023-05-09View Hansard
11.12 amMr RUSSOSupports

Supported the bill and spoke about Australia's troubled history under white political authority and the Aboriginal Tent Embassy's 50-year continuous occupation as the longest First Nations protest in the world.

I am proud to be part of a government that does not shy away from a path to treaty, a matter that has been ignored for too long and considered by others as too hard.2023-05-10View Hansard
12.50 pmMr BERKMANSupports

Expressed wholehearted support for the bill as a committee member but raised concerns about the rushed two-month committee inquiry, the three-year time frame for the Truth-telling and Healing Inquiry being insufficient, the inquiry's dependence on the department for staffing, and the lack of detail on dispute resolution mechanisms.

The Greens and I wholeheartedly support the bill and the parallel processes it establishes.2023-05-09View Hansard
11.17 amHon. SJ HINCHLIFFESupports

Supported the bill, reflecting on the story of Dundalli and his own involvement in developing the Kul-gun Da 'Lo-bol' pa program in response to the Bringing Them Home report. Argued that greater understanding of intergenerational trauma through Path to Treaty helps explain why the gap remains wide.

The goal is treaty but truth is needed. Truth-telling will be hard and it is needed to inform the relations between First Nations peoples as well.2023-05-10View Hansard
3.26 pmHon. LM ENOCHSupports

As a First Nations minister, spoke powerfully about the history of colonisation policies from eradication to assimilation and their ongoing impacts. Highlighted the importance of truth-telling to treaty and the role of the Queensland State Archives in supporting the inquiry.

Today we set a legislative course to look deeply and honestly into the path that was laid out when terra nullius, this country's first lie, provided the foundation for the discarding of First Nations peoples.2023-05-09View Hansard
11.24 amMr LASTSupports

Did not oppose the bill, drawing on his experience as a police officer in remote Indigenous communities. Emphasised that Path to Treaty must include practical action on health, education, housing and employment, not just words. Cited Oodgeroo Noonuccal's poetry about unity.

Path to Treaty cannot be only about the spoken or written word; it must include action and those actions must address the truths currently faced by Indigenous people in communities.2023-05-10View Hansard
3.35 pmDr ROBINSONMixed

Drew on 14 years of working with Quandamooka traditional owners and experience in Indigenous education. While acknowledging the bill's purpose, was sharply critical of Labor's record of broken promises to Indigenous communities, citing zero Aboriginal houses built on North Stradbroke Island despite eight years of promises and secretive ILUA processes.

Now, as we consider what a treaty or multiple treaties may mean, Labor wants Queenslanders to trust it and ignore its record of non-delivery as it once again promises the world to Indigenous people.2023-05-09View Hansard
11.32 amMs HOWARDSupports

Supported the bill as an historic piece of legislation that acknowledges the impacts of colonisation and builds a better future. Noted that many Ipswich people do not know the rich history of local First Nations people.

We cannot right the wrongs and that we will keep seeing history repeat itself unless we recognise those wrongs and have honest conversations about them.2023-05-10View Hansard
3.45 pmMr McCALLUMSupports

As a proud Aboriginal Gubbi Gubbi man and one of three First Nations members, spoke about the deep trauma of colonisation and the significance of treaty as a mechanism for generational change and addressing systemic disadvantage.

Treaty can take the hurt, pain and suffering of the past and lay down a path to a positive future for our coming generations.2023-05-09View Hansard
11.37 amMs KINGSupports

Supported the bill wholeheartedly, acknowledging that governments do not simply decide to do what is right but are brought to that point by activists. Shared the words of local elder Aunty Flo Watson who called treaty 'a dream I've always had'.

Governments do not simply decide one day to do what is right and attempt to make up for the wrongdoings of the past. They are brought to that point at the stage when they cannot any longer avoid it.2023-05-10View Hansard
3.54 pmMs BOLTONSupports

Supported the bill as an important step but emphasised the need for transparency in treaty negotiations, conflict resolution between First Nations groups, better engagement with non-Indigenous Queenslanders, and the need for the process not to be rushed. Highlighted complexities experienced in Noosa with native title claims.

This bill is not just a piece of legislation; it starts a journey for all Indigenous Queenslanders, a journey for those of us who are non-Indigenous, a journey that should never discriminate where we were born.2023-05-09View Hansard
11.43 amMr MELLISHSupports

Supported the bill and told the story of John Koowarta, the 'Mabo of the mainland', whose 14-year legal fight for land rights illustrated the glacially slow pace of reconciliation when left to its own devices.

Unless we push it forward, reconciliation goes nowhere.2023-05-10View Hansard
4.03 pmHon. SJ MILESSupports

As Deputy Premier, spoke in support of the bill as a means to right historic wrongs and address the ongoing impacts of colonisation evident in incarceration rates, health outcomes and the education gap.

We can choose to make peace with a violent past and right those historic wrongs.2023-05-09View Hansard
11.48 amMr KNUTHOpposes

Opposed the bill on behalf of KAP, arguing the $300 million should be spent directly on health services, education, jobs, and cheaper food for Indigenous communities. Criticised the government for rejecting KAP's blue card reform bills and for lacking meaningful action despite rhetoric.

This funding would go a long way to providing equal opportunity for Indigenous people to services and opportunities that we all enjoy. For those here today, we are all North Queenslanders, we are all Queenslanders and we are all Australians.2023-05-10View Hansard
4.06 pmMrs FRECKLINGTONMixed

While not opposing the bill, was strongly critical of the eight-week consultation period that excluded Cherbourg from her electorate. Criticised the government's failure to meet Closing the Gap targets in health, education, housing and youth crime, arguing the government was not listening to Indigenous communities.

My communities of Cherbourg and the South Burnett just want to be heard by this government. They want to be heard on the issues that are important to them on a day-to-day basis: housing, crime, health, education and the cost of living.2023-05-09View Hansard
11.52 amHon. MAJ SCANLONSupports

Supported the bill as Minister for Environment, acknowledging the profound failures of successive governments including Labor. Argued that closing the gap requires accepting that disadvantage metrics are a direct result of colonisation.

If we are ever going to fix the disadvantage First Nations people disproportionately experience from incarceration rates, worse health outcomes and the education gap, then we need to accept that these metrics are a direct and enduring result of colonisation.2023-05-10View Hansard
4.15 pmHon. SM FENTIMANSupports

As Attorney-General and Minister for Women, spoke about the bill's significance for addressing ongoing injustices, the over-representation of First Nations people in the criminal justice system, and the establishment of the First Nations Justice Office.

Significant injustices persist to this day—injustices that we, as a society, must overcome and that we, as legislators, must take responsibility for amending.2023-05-09View Hansard
11.59 amHon. DE FARMERSupports

Supported the bill, sharing her personal journey learning confronting truths as Minister for Child Safety about over-representation of First Nations people, and her experience as Ministerial Champion for Aurukun.

When we pass this bill we will be embarking on a path to treaty with First Nations people. We are saying we will understand our history, we will speak the truth of it, we will be more respectful, we will be more inclusive, we will walk as one.2023-05-10View Hansard
4.20 pmMr CRISAFULLISupports

As Leader of the Opposition, rose to support the bill, calling it an opportunity for true government accountability. Argued treaty should enshrine KPIs that address disadvantage in health, education, housing, employment and infrastructure rather than being merely political.

Path to Treaty offers an opportunity to address this—a fork in the road. Down one well-travelled path lies a discussion had for political purposes. It talks a big game but achieves little for Aboriginal and Torres Strait Islander people.2023-05-09View Hansard
12.05 pmMs RICHARDSSupports

Supported the bill and spoke about the Quandamooka people of Redlands. Noted that she was taught more about Captain Cook in school than about Aboriginal history. Read the poem 'A Song of Hope' by Oodgeroo Noonuccal.

Truth-telling and being honest about our past will bring us as communities, as Queenslanders and as Australians closer together.2023-05-10View Hansard
4.25 pmHon. GJ BUTCHERSupports

As Minister for Water, spoke about the sacred importance of water to First Nations peoples and outlined the government's work on Indigenous water allocations including the ILUA signed with the Darumbal people at Rookwood Weir.

Our path to treaty marches forward, and I am proud to walk alongside Aboriginal and Torres Strait Islander Queenslanders on this journey together.2023-05-09View Hansard
12.09 pmMs CAMMSupports

Supported Path to Treaty, drawing on her experience with traditional owners through the Mackay Regional Council. Called for meaningful consultation with all communities and urged the government to also acknowledge Australian South Sea islander history. Expressed concern about the $300 million fund and whether it would deliver practical outcomes.

While truth-telling and history is important, we must not forget to hear the voices of the young generations of today and listen to what is important to them.2023-05-10View Hansard
4.31 pmMs LAUGASupports

Shared personal stories of working with Darumbal and Woppaburra elders to rename culturally significant places from racist colonial names to their traditional names, and the emotional experiences of native title determinations in her electorate.

Path to Treaty presents an opportunity for all Queenslanders to know and acknowledge our past and set a course for the future that will unify, not separate and divide, so that everyone can progress and prosper together.2023-05-09View Hansard
12.19 pmMr HARPERSupports

Supported the bill as a proud New Zealander and descendant of the Ngai Tahu Maori people, drawing parallels with the Waitangi Treaty signed in 1840. Emphasised that truth-telling must occur before healing.

The Waitangi Treaty was signed in 1840. That is 183 years ago, so we have a significant amount of work to do in this country and it starts with this bill in this House.2023-05-10View Hansard
4.40 pmMr SMITHSupports

Emphasised the importance of truth-telling in the school curriculum and supported the committee's recommendations on education. Spoke about the need for all Queenslanders to learn the full history of colonisation.

It is absolutely vital that our young people learn the whole history of our communities, of our state and of our country. It is the only way that we can all move forward together and heal the lands that have been hurt by the history of white Australia.2023-05-09View Hansard
12.26 pmHon. MC de BRENNISupports

Supported the bill as Minister for Energy, arguing this is a once-in-a-lifetime opportunity for reconciliation. Emphasised that Path to Treaty was asked for by First Nations people, not imposed on them.

To suggest that, whether it is on Path to Treaty or the debate on the Voice, the government has got it wrong is worse than just missing the point. It is actually the same mean old trick that has served to oppress First Nation Australians.2023-05-10View Hansard
4.46 pmMrs MULLENSupports

Supported the bill as a tangible and real start to reconciliation. Referenced the New Zealand Treaty of Waitangi as a model and highlighted the committee's recommendation for the treaty framework to be built on equity, opportunity and self-determination.

We need truth if we have any chance to achieve equal recognition and formal equality before the law for our First Nations people.2023-05-09View Hansard
12.33 pmMr SULLIVANSupports

Supported the bill, reflecting on his own journey of education on reconciliation and his community forum on Path to Treaty that included school principals, students and church leaders alongside First Nations people.

This is about all of us; this is about our intertwined history.2023-05-10View Hansard
4.51 pmMs LEAHYSupports

Acknowledged the Indigenous councils and mayors she works with, raised concerns from the LGAQ about confusion between the state treaty and federal Voice, questioned where existing ILUAs sit within the treaty framework, and highlighted the need for better engagement with local government.

Path to Treaty must be open and transparent so that all Queenslanders have awareness of its implications for them.2023-05-09View Hansard
12.40 pmMr ANDREWOpposes

Opposed the bill, arguing it was rushed with insufficient consultation, that the Treaty Institute appointees would be hand-picked by the government rather than elected by First Nations people, and that the $300 million fund would be controlled by the government rather than handed to Indigenous communities. Accused the bill of lacking genuine self-determination.

This bill is not what is being represented in the media by either the left or the right. It is not about respecting and empowering First Nations or tribal people; it is about manufacturing their consent for a treaty.2023-05-10View Hansard
5.01 pmMs PUGHSupports

Drew on her New Zealand heritage to illustrate the benefits of treaty, referencing the Treaty of Waitangi and the integration of Maori culture into New Zealand society as a model for Queensland.

I firmly believe that the reason for all of these things, the reason we see this fuller expression in Aotearoa of this culture, is because of the treaty that was established so long ago, back in 1840.2023-05-09View Hansard
12.49 pmHon. CR DICKSupports

Supported the bill as Treasurer, defending the $300 million Path to Treaty Fund as a direct response to recommendations of First Nations peoples themselves. Criticised the LNP for contradicting themselves year-to-year on the fund and urged them to stop talking over the voice of First Nations people.

Those funds are there to support our First Nations Queenslanders to participate in this process, as they see fit, at the pace they require, and I will defend those purposes for as long as I serve as the Treasurer of Queensland.2023-05-10View Hansard
5.06 pmMrs McMAHONSupports

Focused on the importance of the Truth-telling and Healing Inquiry, noting that the history of First Nations people was largely absent from Australian school education and that truth-telling is essential for understanding the present.

It is time for Queenslanders to hear the truth in order to gain an understanding of history as it happened, not necessarily history as it was written.2023-05-09View Hansard
2.30 pmMr POWERSupports

Supported the bill, describing Australia as a great engine of equality that has failed to extend that success to First Nations people. Argued that recognising the truth of dispossession and violence is essential to making a fresh start.

It is right and just and proper that we fulfil the unfinished business of the creation of our state to reach a lasting recognition and agreement with the many first peoples of our state.2023-05-10View Hansard
5.12 pmMr DAMETTOMixed

Expressed concerns about the $300 million cost of the treaty process, arguing the money could be better spent addressing immediate issues like health, youth crime and child safety in Indigenous communities. Criticised the bill's language as separatist and argued against treating people differently based on cultural heritage.

I agree that we have to go down this pathway to try to reconcile what has happened in the past, but we cannot spend so much time and money acknowledging the past while continuing to ignore what is happening right here in the present.2023-05-09View Hansard
2.36 pmHon. LM LINARDSupports

Supported the bill as Minister for Children and Youth Justice, acknowledging her department's long and impactful history in the lives of First Nations families. Spoke powerfully about the Uluru Statement from the Heart and the upcoming Voice referendum.

You cannot heal until you say sorry. It is true when we say it to our children and it is true for all of us.2023-05-10View Hansard
5.22 pmHon. MT RYANSupports

As Minister for Police, outlined treaty readiness work in his portfolio agencies including Queensland Corrective Services' Path to Treaty Group, the QPS advertising for its first Assistant Commissioner for First Nations, and QFES's work with First Nations bushfire safety officers.

It is never too late for justice to be done. It is never too late for justice to be seen to be done. It is never too late to give someone a voice.2023-05-09View Hansard
2.43 pmMrs GERBERMixed

Supported the Path to Treaty Bill but strongly opposed the government's proposed amendment to remove automatic disqualification for indictable offence convictions from Treaty Institute Council membership. Emphasised practical measures to close the gap and criticised Labor's record.

Path to Treaty must be about unity and achieving better outcomes for all—working in unity for real and lasting change.2023-05-10View Hansard
5.28 pmMr KINGSupports

Placed Queensland's Path to Treaty in the global context of reconciliation movements in the United States, New Zealand and Canada, and expressed disappointment at the lack of bipartisanship on the federal Voice to Parliament.

I echo the Premier's sentiments that story is everything. I am incredibly proud to be part of this chapter in this story by speaking on this bill this evening.2023-05-09View Hansard
2.53 pmMs BOYDSupports

Supported the bill, emphasising the importance of documenting and teaching the truth of colonisation history so it is never repeated. Acknowledged the strength and determination of First Nations people despite all that has transpired.

Our history needs to be honestly discussed. It needs to be understood. It needs to be documented. It needs to be taught. Most importantly, it needs to be never repeated.2023-05-10View Hansard
5.33 pmMr MILLARSupports

Acknowledged the Indigenous peoples in his electorate and raised concerns about Closing the Gap targets not being met, the impact of flooding on the Urandangi community, and the need for practical housing and education outcomes.

Along with my LNP colleagues, I will be voting for this bill in the sincere hope that it is a foundation of a better future for our Indigenous Queenslanders and for all Queenslanders.2023-05-09View Hansard
2.58 pmMr O'CONNORSupports

Supported the bill and recommended the book 'Conspiracy of Silence' about Queensland's frontier killing time. Emphasised that Path to Treaty must focus on practical outcomes that close the gap, citing shameful statistics on health, education, housing and suicide in Indigenous communities.

Truth-telling is not about dividing people. None of us today are remotely responsible for what occurred. It is simply about better understanding where we have come from.2023-05-10View Hansard
5.38 pmMs BUSHSupports

Shared two local stories illustrating the contrast between well-documented settler history and the sparse records of First Nations history. Described treaty as an opportunity to reframe the relationship based on recognition and respect.

History is written by the victors and in the case of modern Australia those who got to write the stories were European settlers who framed the narrative and, in doing so, paused and, in many cases, completely erased the stories of Australia's First Nations people.2023-05-09View Hansard
3.09 pmHon. A PALASZCZUKSupports

Supported the bill as Premier, declaring that each generation is called to make its mark and that a treaty with First Nations peoples is theirs. Acknowledged the centuries of wrongs and the sanitised history taught in schools.

For 200 years we have attempted to render invisible a culture that has lasted 60,000 years, but the past will not be silenced and our future will not be wasted.2023-05-10View Hansard
5.44 pmMs PEASESupports

Shared personal stories of growing up around Minjerribah and learning about Indigenous history from childhood. Spoke about hosting a Path to Treaty community forum in her electorate attended by over 90 people.

This week we are about to change history and I am really proud to be on the right side of history.2023-05-09View Hansard
3.17 pmMr KRAUSESupports

Supported the bill while emphasising that practical measures to close the gap must remain at the forefront. Acknowledged the difficult history but stated he is 'not a settler, a colonist or an oppressor' but an Australian. Expressed some scepticism about outcomes given past government failures.

This bill must not be the beginning of more failure, but I can understand the scepticism of many in the Queensland community, both Indigenous and non-Indigenous, given the track record of governments across Australia.2023-05-10View Hansard
5.50 pmDr ROWANSupports

Drew on professional experience as a former medical superintendent in remote communities. While supporting the bill, raised concerns about the lack of consultation, the confusion between treaty and Voice processes, and the government's failure on Closing the Gap education targets.

To deliver true reconciliation and true healing, the Queensland government must provide more than just words and signed statements of intent.2023-05-09View Hansard
3.20 pmHon. G GRACESupports

Supported the bill as Minister for Education, committing to continue reviewing the curriculum for true First Nations history. Argued that this is a rare opportunity and the parliament must seize it rather than waiting for perfection.

When you are given the ball you run with it. This is one fantastic ball and we are running with it.2023-05-10View Hansard
6.00 pmMr WHITINGSupports

Argued that Path to Treaty is the right thing to do because the colonial settlement of Queensland was not conducted on a legal basis, referencing the doctrine of terra nullius and the role of the Queensland Native Mounted Police in dispossessing First Nations peoples.

The settlement of the land in Queensland was in fact a seizure of the land, contrary to the legal doctrines of the day.2023-05-09View Hansard
3.28 pmMr BROWNSupports

Supported the bill, opening with Paul Keating's Redfern speech. Noted that Australia is one of the only Commonwealth countries without a treaty with its First Nations people and that the notion of terra nullius stood until Mabo in 1992.

Over 30 years ago Paul Keating made the famous Redfern speech. Since then, too few leaders have been willing to truth-tell in this nation and even fewer political leaders have listened to truth-telling. The change happens here, today and this week.2023-05-10View Hansard
6.06 pmMr HEALYSupports

Spoke about treaty as the way for Queensland to move forward, referencing other nations with treaty processes and arguing that acknowledging and fixing the mistakes of the past is essential to avoid being burdened by them.

I have always believed that until we recognise, acknowledge and fix the mistakes of our past we are doomed collectively to live with the burden of them.2023-05-09View Hansard
3.36 pmHon. CD CRAWFORDSupports

Spoke in reply as the minister responsible for the bill. Thanked all contributors, acknowledged the opposition leader's support, and addressed specific concerns raised by members about the inquiry's term, resourcing, and the Masig Statement. Declared that on this day Queensland delivers commitment to two of the three pillars of the Uluru statement: treaty and truth.

On this day, 10 May 2023, we pass into law treaty and truth.2023-05-10View Hansard
6.13 pmMr MOLHOEKSupports

Made a brief contribution in support, referencing the 1967 referendum poster in his office and the over-representation of Indigenous children in the child protection system. Expressed hope the bill would result in significant reforms and closing of the gap.

My hope—and I am sure the hope of all of us in the House—is that the outcome of this path to treaty will result in significant reforms for Indigenous Australians, Indigenous Queenslanders.2023-05-09View Hansard
6.22 pmHon. YM D'ATHSupports

As Minister for Health, spoke about the bill complementing the First Nations health equity reform agenda including mandatory First Nations board representation at HHSs, the inaugural Chief First Nations Officer appointment, and new First Nations maternity services.

It is completely unacceptable that our First Nations people, our young people, are suffering from conditions and dying from conditions that should not exist in a country like Australia and that we know are preventable.2023-05-09View Hansard
6.30 pmMr MADDENSupports

Supported the bill and read the full preamble into the record, noting its recognition that colonisation occurred without consent and that sovereignty was never ceded.

A treaty or treaties will set the foundation for a shared future between Aboriginal and Torres Strait Islander peoples and the Queensland government.2023-05-09View Hansard
6.37 pmMr LISTERSupports

Supported the bill but expressed frankly the concerns of his electorate about whether the process would deliver practical results. Acknowledged the inadequate consultation period and expressed vigilance about ensuring outcomes improve the lives of Indigenous people.

I urge all concerned to ensure that this process results in kids going to school, families being healthy and Indigenous people having work and having the opportunities that we want them to have.2023-05-09View Hansard
6.45 pmMrs GILBERTSupports

Shared statements from students at Kutta Mulla Gorinna Special Assistance School about what treaty means to them, and told the story of a Darumbal woman who leapt from a cliff to save her baby while being hunted by police.

If Aunty is to do it, please don't stuff it up. This is our chance and probably only chance.2023-05-09View Hansard
6.51 pmDr MacMAHONSupports

Supported the bill as a first step but raised concerns about the $10 million annual funding being insufficient, the three-year inquiry time frame being too short, and the inquiry's lack of power to compel information from non-government entities. Shared the story of Aunty Dawn Daylight's forced labour as a child.

If we are sincere in our commitment to meaningful treaty then there needs to be more than just the platitudes and tokenism shown by the governments in the past. We need tangible change from the get-go.2023-05-09View Hansard
In Detail10 May 2023View Hansard
Government amendmentPassed

Amendment 1: Changed the short title date from 2022 to 2023.

Moved by Mr CRAWFORD
Government amendmentPassed

Amendment 2: Required the minister to consider criminal history reports when recommending appointment of Treaty Institute Council members (clause 19).

Moved by Mr CRAWFORD
Government amendmentPassed

Amendment 3: Required the Treaty Institute Council to consider criminal history reports when appointing the CEO (clause 37).

Moved by Mr CRAWFORD
Government amendmentPassed

Amendment 4: Required the Treaty Institute Council to consider criminal history reports when appointing the secretary (clause 42).

Moved by Mr CRAWFORD
Government amendmentPassed

Amendments 5-9: Removed automatic disqualification of Treaty Institute Council members and senior executives for indictable offence convictions, replacing it with disqualification only for convictions during their appointment term, while giving the minister discretion to consider criminal history at appointment.

Moved by Mr CRAWFORD

That the amendments be agreed to

Vote on government amendments 5 to 9 to clause 55 which removed the automatic disqualification of Treaty Institute Council members and senior executive officers who have convictions for indictable offences, instead giving the minister discretion to consider criminal history. The LNP opposed these amendments, arguing the same strict rules as blue cards should apply.

Passed56 ayes – 33 noes2023-05-10

The motion passed.

Show individual votes

Ayes (56)

A. King(Australian Labor Party)
Andrew(One Nation Party)
Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Bolton(Independent)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dametto(Katter's Australian Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
MacMahon(Queensland Greens)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (33)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Government amendmentPassed

Amendments 10-11: Expanded the scope of criminal history reports under clause 60 to also cover decisions about whether a person is disqualified from continuing in their role, and removed subsection (3).

Moved by Mr CRAWFORD
Government amendmentPassed

Amendment 12: Inserted new clause 87A requiring the Truth-telling and Healing Inquiry to report to the minister within one year on the operation and efficacy of its coercive powers (notices to produce documents and notices to appear), with the report to be tabled in parliament.

Moved by Mr CRAWFORD
Government amendmentPassed

Amendments 13-14: Dictionary amendments defining 'criminal history' and expanding 'government entity' to explicitly include the Queensland Police Service.

Moved by Mr CRAWFORD
4.04 pmMr LANGBROEKMixed

Supported the bill at second reading but rose during Consideration in Detail to oppose amendment 5 which removed automatic disqualification for indictable offence convictions. Argued the same strict rules as blue cards should apply to Treaty Institute Council members.

We believe in the LNP that the Treaty Institute senior executive officers and council members must be held to a high standard in order for the public to have trust and confidence in their integrity and ability to hold their position.2023-05-10View Hansard
4.11 pmMr BERKMANSupports

Supported the bill during Consideration in Detail, speaking on the inquiry term (clause 64), the coercive powers over non-government organisations (amendment 12), and resourcing of the inquiry (clause 90). Raised concerns about churches' potential reticence to participate and whether the department hosting the inquiry creates a conflict of interest.

I appreciate the minister's response on this issue. I accept the rationale and note the provision in the bill for the extension of that minimum term.2023-05-10View Hansard
Third Reading10 May 2023View Hansard
Royal Assent — Act 12 of 202317 May 2023

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