Victoria’s indigenous treaty labelled ‘absurd’ amid emerging 'ramifications'

Key Concepts

• Treaty vs. Act of Parliament: Distinction between an international agreement between sovereign nations and domestic legislation.
• Co-governance: A system where a state shares governance responsibilities with another body.
• Equality Before the Law: A fundamental democratic principle ensuring all citizens are subject to the same laws.
• Two-Tiered Justice System: A system where different groups of people are subject to different legal standards or processes.
• First People's Assembly (Galong Wall): The indigenous body established by the Act of Parliament.
• Democratic Will: The collective desire or opinion of the electorate.

Analysis of the Victorian "Treaty" and Co-governance Act

Lana Colaris, a barrister, discusses the implications of an Act of Parliament signed by the Victorian government, which she argues is not a treaty and has fundamentally altered the state's governance structure.

1. Redefinition of "Treaty" and the Nature of the Agreement

• Main Topic: The mischaracterization of the recent Victorian government agreement as a "treaty."
• Key Points:
  • Colaris asserts that the agreement is not a treaty because a treaty is an international agreement between two sovereign countries governed by international law.
  • Instead, she identifies it as an "Act of Parliament" that has established a system of "co-governance" within Victoria.
• Technical Terms:
  • Treaty: An agreement between two international countries.
  • International Law: The body of law that governs relations between states.
  • Act of Parliament: A law passed by a legislative body.
  • Co-governance: A system where a state shares governance responsibilities with another body.

2. Impact on Victorian Governance and Democracy

• Main Topic: The Act's disruption of democratic principles and the creation of a new governance model.
• Key Points:
  • The Act has created a system where non-indigenous Victorians are governed by the state of Victoria, while indigenous Victorians are governed by a body called "Galong Wall" (the First People's Assembly).
  • Colaris argues this "completely upended our democracy and our system of governance."
  • A core foundation of democracy, "equality before the law," has been shattered.
  • This change is seen as occurring in "complete contempt of the democratic will of Victorians."
  • Victorians have historically strived for an "egalitarian society," which is now being undermined.
• Key Arguments/Perspectives:
  • The Act creates a "two-tiered justice system."
  • The legislation is described as the "most consequential piece of legislation our state has ever seen."
• Supporting Evidence: The establishment of a separate governing body for indigenous Victorians (Galong Wall) alongside the existing state government.

3. Alleged Breach of the Act and Consultation Requirements

• Main Topic: Whether the Victorian government has breached the Act through recent announcements regarding violent crime.
• Key Points:
  • Colaris states that, in her view, the Labour government has not breached the Act with its announcement regarding adult time for violent crime.
  • This is because the government has only made an "announcement" and has not yet drafted any laws.
  • The Act requires consultation with Galong Wall "anytime a bill is introduced into parliament."
  • The current stage is pre-bill introduction, thus no breach has occurred yet.
• Logical Connection: This section clarifies the specific legal trigger for consultation and explains why a mere announcement, without legislative action, does not constitute a breach of the Act's consultation provisions.

4. Representation and Absurdity of the First People's Assembly

• Main Topic: The representational capacity of the First People's Assembly (Galong Wall).
• Key Points:
  • The First People's Assembly is demanding consultation on laws affecting everyone.
  • This demand is made despite representing only "1% of the Victorian population that are Aboriginal."
  • Furthermore, only "10% of that population of males or voters, adults voted for it."
  • Colaris describes this situation as "absurd."
• Key Arguments/Perspectives: The disproportionate influence of a small, narrowly elected body on legislation affecting the entire state.

5. Lack of Understanding of the Legislation

• Main Topic: The potential lack of comprehension of the Act by parliamentarians.
• Key Points:
  • Colaris expresses doubt that any parliamentarian who voted for the Act "actually understands or understood the ramifications of it or perhaps hadn't even read it at all."
  • She contrasts this with a lawyer's expectation for "words to have meaning."
• Key Arguments/Perspectives: The legislation's complexity and far-reaching consequences may have led to its passage without full understanding by those who voted for it.

6. Conclusion and Call for Reason

• Main Topic: A concluding statement on the nature of the situation and the importance of reasoned debate.
• Key Points:
  • Colaris is thanked for her "fight to try and bring reason to what's actually unreasonable."
  • The situation is characterized as being driven by "feelings" rather than legal principles.
• Notable Quotes: "This is about feelings. There you go. Being a lawyer expecting words to have meaning. No, this is about feelings." (Attributed to the interviewer, summarizing Colaris's implied critique).

Synthesis/Conclusion

Lana Colaris argues that the Victorian government's recent agreement, mislabeled as a "treaty," is in fact an Act of Parliament that has fundamentally altered the state's democratic framework. This Act establishes a system of co-governance, creating a separate governing body for indigenous Victorians (Galong Wall) and, in Colaris's view, shattering the principle of equality before the law and leading to a two-tiered justice system. While the government has not yet breached the Act's consultation requirements by merely making announcements, the representational basis of the First People's Assembly and the potential lack of understanding of the legislation by parliamentarians are highlighted as significant concerns. The situation is framed as a departure from reasoned legal principles towards an emotionally driven political agenda.