Opposition blames land management for treaty backflip but blanked inquiry into issue

The Victorian opposition made no submission to the Yoorrook Justice Commission inquiry into land management,despite citing problems with that approvals process as a major reason for its backflip on supporting a treaty with First Nations people.

The revelation came as new government data raised further questions about the opposition’s criticism of the cultural heritage system and Coalition MPs voiced frustration at the policy’s presentation to voters.

Opposition Leader John Pesutto and shadow minister for aboriginal affairs,Peter Walsh are giving an update in the Garden Pavilion at Parliament House.

Indigenous leaders on Tuesday accused the Liberals and Nationals of engaging in opportunistic,Howard-era politics,as Opposition Leader John Pesutto shrugged off a potential backlash in his inner-city seat of Hawthorn.

The Yoorrook Justice Commission began its inquiries into land justice in October and is examining cultural heritage,native title and traditional owner settlement laws to inform treaty negotiations.

Announcing the U-turn on Sunday,opposition Aboriginal affairs spokesman,and Nationals leader,Peter Walsh highlighted concerns about cost overruns and delays associated with cultural heritage practices to justify the new policy.

But on Tuesday the commission indicated it had not received a submission from the opposition detailing any concerns.

“Yoorrook encourages all Victorians,including Victorian Liberal and National parties,to make a submission to the commission outlining their concerns relating to these issues and any potential solutions,” a spokesperson said in a statement.

Asked why he had not engaged with the commission or rolled out policies to coincide with abandoning support for a treaty,Pesutto said:“You will see us outline our initiatives over the course of the next three years.”

An Allan government spokesperson said there were 410 planning permits that required a management plan last financial year – the equivalent of 0.91 per cent of all applications.

“This is more misinformation from the Liberals,” the government spokesperson said.

Paul Paton,chief executive of the Federation of Victorian Traditional Owner Corporations,the peak organisation for traditional owner corporations,said he could not understand why the opposition would not participate in the Yoorrook process.

“It can only be interpreted as a display of post-referendum political opportunism. It doesn’t make sense beyond that opportunism,which is surrounded by January 26,” he said. “Clearly,they’ve got their eyes on the next election and aim to run a narrative similar to what we saw with the No campaign for last year’s[Voice] referendum.”

Paton said his organisation had spent years pushing for more resources for cultural heritage management,which was a “very real” issue.

“The demands are significant and that needs to be recognised,and solutions must be found to improve the system,” he said,adding dispute resolution through the state’s planning tribunal slowed the process.

“There are solutions out there and we need to look to those to be able to address those issues that do exist.”

‘If anyone genuinely wants to close the gap and develop practical policies that deliver better outcomes for Aboriginal communities,treaty is the answer.’

Rueben Berg,First Peoples’ Assembly of Victoria co-chair

First Peoples’ Assembly of Victoria member Nerita Waight said land rights and cultural heritage protections were being used against Indigenous people by the opposition.

“We saw this in Howard-era politics. We’re seeing it again now,” she said.

This masthead spoke to seven Coalition MPs,most of whom backed the decision to walk away from the treaty process but who all questioned whether the opposition could effectively sell its new policy. All spoke on the condition of anonymity to discuss internal matters.

One MP,opposed to a treaty,said the absence of backbench consultation was indicative of the lack of teamwork in the party room.

“There is no team;it’s just a group of ambitions,” the MP said. They also questioned the media strategy behind the policy backflip that Walsh announced on Sunday afternoon.

“If this decision was made because they thought there would be some political gain,then why not own it,” the MP said. “It’s hard to f--- up something that the base will love,but that’s what we have done.”

Another Coalition MP,who is broadly supportive of a treaty,said more empathetic communication might not have alienated swinging voters.

Liberal MP Chris Crewther came within a few hundred votes of losing to an independent in Mornington at the last state election.

Pesutto regained his seat from Labor in 2022 with a margin of just 1.7 per cent,but on Tuesday he brushed aside the possibility of a backlash at the next poll,despite a majority of people in the seat supporting a federal Voice to parliament at last year’s failed referendum.

“I think the people of Hawthorn,who I am very privileged and honoured to represent,understand that closing the gap must be our top priority,” Pesutto said.

“We want to focus resources and the investment that’s desperately needed to keep young Indigenous Australians in school,make sure they have good health,a good family around them,a loving home.

“If[Premier] Jacinta Allan,as she’s indicated,wants to focus on treaty,I respect that. That’s her view. But we’ll focus on closing the gap.”

A third anonymous Coalition MP said the treaty debate was taking up too much oxygen and the cost of living was a more pressing issue. “That’s what’s occupying people’s minds,” the MP said.

First Peoples’ Assembly of Victoria co-chair Rueben Berg said Aboriginal people were “sick and tired of being used as a political football”,and the Coalition’s concerns would be addressed in a treaty.

“If anyone genuinely wants to close the gap and develop practical policies that deliver better outcomes for Aboriginal communities,treaty is the answer. It will empower our communities so they can implement practical solutions at a local level,” Berg told this masthead on Tuesday.

“The treaty process will deliver better housing for Aboriginal communities,better education,improved health outcomes,increased economic benefits,and quality land care.”

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Jack Latimore is the Indigenous affairs journalist at The Age. He is a Birpai man with family ties to Thungutti and Gumbaynggirr nations.

Broede Carmody is a state political reporter for The Age. Previously,he was the national news blogger for The Age and The Sydney Morning Herald.

Annika Smethurst is state political editor for The Age.

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