Nerita Waight, a proud Yorta Yorta and Narrandjeri woman with Taungurung connections, is an accomplished solicitor and advocate for justice and self-determination. As CEO of the Victorian Aboriginal Legal Services, Deputy Chair of the National Aboriginal and Torres Strait Islander Legal Services and an elected member of the First Peoples' Assembly of Victoria, Nerita Waight brings deep expertise in shaping a fairer legal system for Aboriginal and Torres Strait Islander peoples.
In her oration, Nerita Waight delivered a compelling analysis of Victoria's legal and policy landscape, exposing systemic injustices rooted in colonisation and their enduring impacts on Indigenous communities. She spoke about the resilience of Aboriginal and Torres Strait Islander peoples, and the urgent need to dismantle structural barriers such as over-policing and systemic racism.
A path to a just justice system
Nerita Waight emphasised that understanding the importance of Treaty requires first acknowledging the history of Australia's legal system and its role in the ongoing oppression of Aboriginal and Torres Strait Islander peoples.
She highlighted how the system was founded during colonisation to control Indigenous communities. The system continues to be marked by over-policing, mass incarceration, and deaths in custody. She criticised the state's "tough on crime" approach, arguing it punishes the most marginalised while failing to address root causes like poverty, lack of support services, and systemic discrimination.
"Imprisonment does nothing to address the underlying causes of offending behaviour. In fact, it actually makes it worse. We need to look outside Australia to see what other jurisdictions are doing," she said.
Despite the harsh realities of the justice system, she highlighted the resilience and strength of Aboriginal and Torres Strait Islander peoples, rooted in generations of resistance and activism. She spoke of hope for the future, envisioning a time when Indigenous legal systems, disrupted by colonisation, can be recognised and revived alongside settler law.
"Our people have continued to fight, and they've done that in big and small ways. And they've done that because resistance is in our blood. It is our life force."
A proposed path forward
Nerita Waight outlined a proposed path forward through Treaty, aiming to establish a fair and equitable justice system for Aboriginal and Torres Strait Islander communities.
"I'm honoured to be here today as we near towards the passage into law of this continent's first legitimate Treaty, to discuss that journey with you, and why I think it provides a pathway for achieving justice for our people and our communities."
She emphasised that justice for Aboriginal people cannot be achieved within a system that over-polices and over-incarcerates. Instead, she called for learning international best practices and genuine collaboration to create a more respectful justice system that supports community safety and healing.
"Yoorrook's work in truth telling is an invitation from Aboriginal peoples and decision makers and the broader community to walk alongside us. It provides a framework for a just justice system, including through recognition of the ongoing reality of legal and political pluralism in Victoria. It also contains a clear vision of what justice actually means to community," she said.
She shared that while full self-determination won't happen overnight, the treaty provides a critical framework for change, including tools for truth-telling, accountability and community leadership. She highlighted ongoing projects aimed at creating culturally-capable legal services and restorative justice models, paving the way for a future where Aboriginal communities not only survive but thrive.
Swinburne's ongoing commitment
Swinburne has recently announced its commitment to a new Reconciliation and Truth Telling Plan and Treaty. As part of this commitment, Swinburne will pursue a formal Treaty with the Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation, the first of its kind in Victoria.
Swinburne will continue to strengthen reconciliation initiatives, including the Moondani Vocational Centre for Excellence, Indigenous Business Action Plans and Indigenous Building Co-fabrication projects.
