Negotiations for Statewide Treaty are expected to commence in late 2024. As Treaty negotiations are yet to commence, the State cannot presuppose any Treaty negotiation outcomes.
Recommendations 1 and 2
Recommendations 1 and 2 call for transformative change in the child protection and criminal justice systems and the Commission has recommended that these be negotiated through the Victorian Treaty process. The government is undertaking significant work in collaboration with the Aboriginal Children’s Forum and Aboriginal Justice Caucus to improve outcomes and progress self-determination in the child protection and criminal justice systems. This ongoing reform work will continue alongside the Victorian Treaty process.
Recommendation 4
Recommendation 4 calls for the establishment of an independent and authoritative oversight and accountability commission for the monitoring and evaluation of First Peoples related policies and programs. As noted above, accelerating progress on an independent mechanism for institutional oversight led by First Peoples is occurring through the National Agreement on Closing the Gap; and Statewide Treaty negotiations are another pathway to identify, develop or strengthen existing mechanisms.
Recommendations 8, 20 and 26
Recommendations 8, 20 and 26 remain under consideration as they relate to significant reforms in the child protection system which may form part of Treaty negotiations, as outlined in relation to recommendation 1. These recommendations are also contingent on other in-flight reforms, and/or require a significant combination of policy design, funding or legislative change. However, the Treaty process should not delay or deprioritise key policy reform initiatives currently underway. Government has developed the following plans to progress implementation of these recommendations:
- The following reforms and strategies that intersect with recommendation 8 will continue to progress alongside the further consideration of implementation plans for this recommendation: National Agreement on Closing the Gap, and the Wungurilwil Gapgapduir: Children and Families Agreement 2024-2028 Action Plan.
- Implementation of recommendation 20 will be partly informed by the refresh of the Wungurilwil Gapgapduir Aboriginal Children and Families Agreement and recommendation 1 of the Yoorrook for Justice report; recommendation 20(c) is in part already supported through the Carer Kafe, jointly delivered by a consortium including the Victorian Aboriginal Child Care Agency and DFFH’s Care Support Help Desk service.
- The Statement of Recognition Act in part addresses some of the intent of recommendation 26. This Act came into effect 1 July 2024 and formally acknowledges the impact on First Peoples of past policies and practices. It legislates the requirement for child protection services to demonstrate how Aboriginal voices are heard and considered in decision-making, how funding and power is shared, and legislates all elements of the Aboriginal child placement principles in decision-making for Aboriginal children. However, this recommendation proposes a significant policy change — i.e., for permanent carers to continue to be monitored by ACCOs, and potentially government, regarding cultural plans. This recommendation requires further consideration, and will likely be further considered in the context of recommendation 1.
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