Victorian opposition drops support for treaty, citing ‘issues around cultural heritage’

Photograph: Diego Fedele/AAP

The Victorian opposition has dropped its support for a treaty with the state’s Indigenous people, citing concerns about cultural heritage laws.

The move was described by the state’s First People’s Assembly as “disappointing but not surprising”.

The Nationals leader, Peter Walsh, the opposition’s spokesman for Aboriginal affairs, told Sky News on Sunday the Coalition had held internal discussions and decided it did not want to proceed with treaty “until issues around cultural heritage, until issues around the Traditional Owner Settlement Act, are actually resolved”.

The Coalition backed a bill to establish an independent authority to oversee the state’s treaty negotiations in 2022.

“This side of the house, both the Liberal and the National parties, are committed to working with the Indigenous community on treaty,” Walsh told parliament at the time.

“Do not believe anyone who is peddling the myth that you have to work with the Labor party to get these outcomes. You can work with our side of politics as well.”

On Sunday, Walsh said “things have changed” since then, including the collapse of the Bunurong Land Council.

“We haven’t made this decision lightly,” he said. “We have a responsibility, as Victorians, as the alternate government to say the system’s not working at the moment. Let’s fix the system before we go any further.

“In politics, if something’s not working, you reassess, you change your mind, you work out how you can fix it rather than just keeping going on because that’s what you said a number of years ago.”

Following the resounding defeat of the referendum for a federal Indigenous voice, political parties have walked back their plans for treaty. In Queensland, the Liberal National party withdrew bipartisan support for a treaty process and the New South Wales Labor government said it was assessing its next steps.

But unlike other states, Victoria’s treaty process is already under way.

The premier, Jacinta Allan, told Guardian Australia in December that negotiations were on track to begin in early 2024. She confirmed legislation would have to pass parliament once a treaty – or several treaties – was agreed to.

Victoria’s First People’s Assembly – the democratically elected voice for Aboriginal and Torres Strait Islander in the state – said the Coalition’s decision was “disappointing, but not surprising”.

“What will the announcement mean? Not much really,” it said in a statement.

“Of course, we would have liked to have kept Treaty above party politics and our door will remain open to politicians of all persuasions, but there is a clear path to Treaty ahead of us.”

A Victorian government spokesperson said the opposition’s decision was a “complete U-turn”, which was never discussed with them. They described the opposition leader, John Pesutto, as a “a wolf in moderate’s clothes”.

“He needs to explain what has really changed his mind, and how much it’s because of Peter Dutton’s creeping influence,” the spokesperson said.

“Our government continues to back a better future for Aboriginal Victorians – because when we listen to Aboriginal people, it means better outcomes for Aboriginal communities and all Victorians.

“Victorians deserve better than John Pesutto’s Liberal party, and we’ll keep working to progress a fairer future.”