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Report No. 30, 57th Parliament - Path to Treaty Bill 2023
Committee’s report
The committee tabled its Report No. 30, Path to Treaty Bill 2023 on 21 April 2023. The Government's Response to this report was tabled on 9 May 2023. The Bill was passed with amendment by the Queensland Parliament on 10 May 2023.
View: Report
View: Government Response
View: Debate on the Bill in Parliament: Transcript 10 May 2023, pages 1296 - 1341
The debate on the Bill can be viewed by clicking on the movie icon within the above transcript.
About the Bill
On 22 February 2023 the Premier introduced the Path to Treaty Bill into the Queensland Parliament. The Bill was referred to the Community Support and Services Committee for detailed consideration.
The Path to Treaty is a negotiation process undertaken by the Queensland Government and Queensland’s First Nations Peoples and non-Indigenous Queenslanders, towards a treaty or treaties that will reframe and strengthen the relationship between Queensland’s First Nations and the wider community. The Path to Treaty recognises the process of colonisation has marginalised and disempowered Aboriginal and Torres Strait Islander peoples. Equally it is built on the enormous resilience of First Nations peoples and the strength drawn from the rich history, culture, law and knowledge.
The purpose of the Bill is to establish foundational legislation to drive the Path to Treaty.
Objectives of the Bill
The objectives of the Bill are to establish:
- a First Nations Treaty Institute to support Aboriginal and Torres Strait Islander peoples to develop and provide a framework for Aboriginal and Torres Strait Islander peoples to prepare for and then commence treaty negotiations with the Queensland Government, and
- a Truth-telling and Healing Inquiry to inquire into, and report on, the effects of colonisation on Aboriginal and Torres Strait Islander peoples.
The Bill will ensure these main purposes are achieved with sufficient regard to Aboriginal tradition and Island custom through:
- requiring the principles for administering the Bill are complied with, by ensuring that in partnership and good faith, the rights and history of Aboriginal and Torres Strait Islander peoples are acknowledged and responded in accordance with the Human Rights Act 2019 and United Nations Declaration on the Rights of Indigenous Peoples
- requiring the Treaty Institute Council and members to have particular regard to the interests of Aboriginal peoples and Torres Strait Islander peoples
- requiring CEO to be appointed only if they are an Aboriginal or Torres Strait Islander person and Treaty Institute Council members to be appointed having regard to the cultural diversity of Aboriginal peoples and Torres Strait Islander peoples
- requiring Truth-telling and Healing Inquiry members to have at least 1 Aboriginal person and 1 Torres Strait Islander person and the majority of members are Aboriginal or Torres Strait Islander
- requiring members of the Truth-telling and Healing Inquiry to have particular regard to the interests of Aboriginal peoples and Torres Strait Islander peoples, and
- requiring the Inquiry to have regard to Aboriginal tradition or Ailan Kastom during truth-telling session.
The Bill will also amend certain provisions in the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 (JLOM Act) in response to a departmental review to align with the Path to Treaty objectives and repeal provisions that do not support the commitment to a reframed relationship.
View: Explanatory speech
View: Bill
View: Explanatory Notes
View: Statement of compatibility
View: Path to Treaty Bill 2023 Issues paper
Key documents
View: Tracks to Treaty – Reframing the relationship with Aboriginal and Torres Strait Islander Queenslanders – Statement of Commitment
View: Report from the Treaty Working Group on Queensland’s Path to Treaty
View: Advice and Recommendations from the Eminent Panel on Queensland’s Path to Treaty
View: Supplementary Advice and Recommendations from the Eminent Panel on Queensland’s Path to Treaty
View: Queensland Government Treaty Statement of Commitment and response to recommendations of the Eminent Panel
View: Treaty Advancement Committee Report
View: Queensland Government Response to the Treaty Advancement Committee Report
FURTHER INFORMATION
Further information including written briefings, correspondence, the response to submissions, transcripts from proceedings and answers to questions taken on notice are under the Related Publications tab.
PUBLIC BRIEFING
Monday, 13 March 2023, Brisbane - program - broadcast - transcript
PUBLIC HEARINGS
Monday, 13 March 2023, Brisbane - program - broadcast - transcript
Monday, 27 March 2023, Brisbane - program - broadcast - transcript
Monday, 17 April 2023, Brisbane - program - broadcast - transcript
PUBLIC forums
Cairns | Monday, 20 March 2023 - Transcript |
Weipa | Monday, 20 March 2023 - Transcript |
Thursday Island | Tuesday, 21 March 2023 - Transcript |
Palm Island | Wednesday, 22 March 2023 - Transcript |
Townsville | Wednesday, 22 March 2023 - Transcript |
Longreach | Thursday, 23 March 2023 - Transcript |
Woorabinda | Friday, 24 March 2023 - Transcript |
Rockhampton | Friday, 24 March 2023 - Transcript |
Inala | Monday, 17 April 2023 - Transcript |
Timeline
Submissions closed: Wednesday, 12 April 2023 - see ‘View submissions’ tab
Report tabled on: 21 April 2023 - Report
Related Publications
Publication Details | Type | Published Date | Tabled Date | Committee Name |
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Submissions
- 1 - Trevor Murphy
- 2 - Queensland Art Gallery, Gallery of Modern Art
- 3 - Robert Heron
- 4 - Castan Centre for Human Rights Law
- 5 - Cairns Regional Council
- 6 - Queensland Human Rights Commission
- 7 - FAIRA
- 8 - Ross Daniels
- 9 - Local Government Assocation of Queensland (LGAQ)
- 10 - Sharon Smith
- 11 - Queensland Family & Child Commission and Supplementary Submission
- 12 - State Library of Queensland
- 13 - Shane Cuthbert
- 14 - Queensland Mental Health Commission
- 15 - YFS Ltd
- 16 - Queensland Nurses & Midwives' Union (QNMU)
- 17 - Queensland Council of Social Services (QCOSS)
- 18 - ADA Law
- 19 - Gur A Baradharaw Kod (GBK)
- 20 - Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP)
- 21 - Interim Truth and Treaty Body (ITTB) and Supplementary Submission
- 22 - Queensland University of Technology
- 23 - Queensland Indigenous Family Violence Legal Service
- 24 - Queenslanders with Disability Network Ltd (QDN)
- 25 - Gladys Willis
- 26 - Gudang Yadhaykenu Tribal Governing Council
- 27 - George Dickson of Bundjalung Nation
- 28 - IMAN Wardingarri Aboriginal Corporation
- 29 - Susan Prince
- 30 - Janine Gertz
- 31 - ANTAR (National), Australian Lawyers Alliance, ANTaR QLD
- 32 - Queensland Law Society and Supplementary Submission
- 33 - Queensland Aboriginal and Islander Health Council
- 34 - Community Legal Centres Queensland
- 35 - Torres Shire Council
- 36 - Saylor Legal
- 37 - Travis Harbour
- 38 - NAME WITHHELD
- 39 - Alberto Nicotra