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How Does Draw Against Commission Work

Victoria'southward Yoorrook Justice Commission has launched – marking Australia's first formal truth-telling process for injustices experienced by First Nations people.

Prof Eleanor Bourke, the commission chair, hailed the enquiry's launch on Thursday as a "momentous" occasion for Australia, Victoria and all Offset Nations people.

She said other states and territories were closely watching Victoria's truth-telling process.

"We are setting the example … they are watching u.s., our brothers and sisters elsewhere. Information technology's fifty-fifty been said to me, 'Don't muck it upwardly," Bourke told the launch outcome.

The commission's get-go comes after decades of calls – including in the Uluru Statement of the Heart – for Commonwealth of australia to commit to a formal truth-telling process. Information technology will investigate past and ongoing systemic injustices experienced by Victoria's First Nations people in the land from colonisation to the present solar day.

The formal launch was held at the Stolen Generations Mark in Fitzroy – a permanent tribute to Indigenous children forcibly removed from their families – in recognition of the types of wrongdoings Yoorrook will place nether its microscope.

The commission is named after "Yoo-rrook", which ways "truth" in the Wemba-Wemba/Wamba Wamba language spoken around north-western Victoria.

Yoorrook is independent from the Victorian government and the First Peoples' Assembly – the torso elected by the state's Indigenous people to help develop a treaty.

What will the commission exercise?

The Yoorrook chair, Professor Eleanor Bourke (left), walks with Jedda Peden ahead of a smoking ceremony during the launch of the Yoorrook Justice Commission.
The Yoorrook chair, Professor Eleanor Bourke (left), walks with Jedda Peden alee of a smoking anniversary during the launch of the Yoorrook Justice Commission. Photograph: Diego Fedele/AAP

The commission has a mandate to investigative and document past and nowadays injustices against Victoria's Start Nations people, including by the state and non-regime bodies.

Its wide-ranging scope means it will probe historical massacres, genocide and cultural violations likewise every bit ongoing injustices in healthcare, policing, criminal justice and child protection. Its investigations will aid decide both the cause and consequences of the systemic injustices.

The commission volition hold land-wide hearings, including public panels and grouping and private sessions. Across hearings, information technology will likewise accept artwork, artefacts, audio, written and oral submissions.

The truth-telling procedure aims to educate Victorians and the wider public nigh the social, political and economic injustices committed against the land's Indigenous population since colonisation, the impacts of intergenerational trauma and how this relates to the inequalities which persist today.

While separate to the state's treaty process, the commission's findings and recommendations may be referred to the Beginning Peoples' Associates, which is developing the agreement's framework.

At the decision of its hearings, it volition make recommendations to the state government for redress and reform.

In doing and so, the commission hopes its work can help prevent the recurrence of injustices against Indigenous people.

What powers does the committee have?

The committee has the same powers of a royal commission, allowing it to subpoena documents and summon witnesses.

The commission does not do judicial ability, only it tin can refer information about alleged crimes to law enforcement government.

Why is a commission needed?

The commissioners believe the inquiry is an opportunity for Victorians to consider how truth-telling forms an integral part of the healing and unifying process.

The inquiry is centred on the presumption that to move forward Victoria must first face past and ongoing wrongdoings, and understand how they have shaped the state.

Bourke, the chair of the commission, said the inquiry would correct the public record nearly Terra Nullius – the legal concept significant land belonging to no ane used past the British to justify the colonisation of Australia.

"This was not an empty state and the Mabo decision finally found that," she said.

Hunter, deputy chair of the commission, said the healing process would involve "the coming together of both histories" and permit Indigenous people to be "truly heard".

"The history of Victoria has been told by the side of the oppressor. And when you only have one side of the story, it's ever an imbalance," she said.

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"When you lot're non heard you lot become depressed – and I feel similar telling the truth is a grade of healing and information technology will be show and it won't exist cross-examined."

Victoria's Aboriginal affairs minister, Gabrielle Williams, said only when Victoria had reconciled with its path could it attain a "fairer, more just time to come" for its First Nations community.

"Without truth, there can exist no treaty, and without treaty, there can be no justice," she said.

Who is on the commission?

Five commissioners are leading Victoria's Yoorrook Justice Commission:

  • Prof Eleanor Bourke – chair;

  • Sue-Anne Hunter – deputy chair;

  • Senior elder Dr Wayne Atkinson;

  • Kevin Bell, QC;

  • Distinguished prof Maggie Walter.

The commissioners were called following an open up selection process that began afterwards the announcement of the committee in March 2021.

There are also two senior counsels-profitable the commission:

  • Tony McAvoy SC – a Wirdi human being appointed the first Australian First Peoples Senior Counsel in 2015

  • Fiona McLeod SC – a human rights barrister.

What happens after the launch?

The committee will lead a yarning circle with Elders on State in regional Victoria from 28 March until 22 April to ensure their insights feed directly into the investigative procedure to consider what issues are nigh important for the research to focus on.

Commissioners volition also visit sites of cultural and historical significance. From 26 April, elders' truth-telling will brainstorm – marking the first formal hearings of the process.

Hunter said some of the inquiry's work would take identify near the NSW-Victorian border.

"If that'southward where the truth takes usa of what's happened to our people, that's where nosotros'll go," she said.

An interim report is due on 30 June. The commission'south last written report is due in June 2024.

Source: https://www.theguardian.com/australia-news/2022/mar/24/yoorrook-justice-commission-how-will-truth-telling-process-work-and-what-will-it-achieve

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