As Premier Peter Gutwein launched the 2022 parliamentary year with his state of the state address, he carefully worked his way through an update on the treaty and truth-telling process with the Aboriginal community.
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Yet in the space of just a few words, the mood changed. Mr Gutwein had waded into the issue of Aboriginality.
"The government remains committed to its current, inclusive eligibility policy," he said.
This caused representatives from the Tasmanian Aboriginal Centre to stand up and walk out mid-speech, voicing their disapproval from the public gallery.
Outside Parliament, TAC spokesperson Nala Mansell said it would be difficult for the organisation to be a part of the treaty process as a result.
"Now it looks like it might end up being a treaty between the white government and white people, and I'm sure the Aboriginal community will decide to not be part of this process," she said.
The Premier had outlined plans to establish an Aboriginal advisory body to "co-design" treaty and truth-telling, that the Truth-Telling Commission would not be tasked with determining Aboriginality, and that representatives from all Aboriginal community organisations were invited to join the advisory body.
It meant that, once again, the issue of Aboriginality - who can or cannot claim to be an Aboriginal Tasmanian - is front and centre.
A long history
In a report to the Premier, former governor Kate Warner AC and law expert Tim McCormack gave a complete overview of the "vexed" issue of Aboriginal identity in Tasmania.
In the 1970s, the Commonwealth introduced the "three-part test" to determine Aboriginality: proof of descent, self-identification and community recognition.
This test stood in place for decades, but a case in the Federal Court ultimately raised questions of what proof of descent is required, who decides, and if community recognition is adequate.
Tasmanian Aboriginality was tested by the courts on three occasions, including decisions that the onus of proof was with those disputing a person's Aboriginality, and that sometimes historical records are incomplete.
In response to the Stolen Generation report in 2008, former premier Ray Groom stated that failure to meet requirements did not necessarily mean a person was not Aboriginal.
In 2012, the government suspended the three-part test due to "difficulties in administering it" before, ultimately, former premier Will Hodgman changed the requirement in 2016. Now, people need a statutory declaration of self-identification, and a statement of confirmation from an Aboriginal organisation - the "inclusive" policy Mr Gutwein mentioned.
The number of people claiming Aboriginality increased again, causing concern for the TAC and Aboriginal Land Council of Tasmania.
They say to claim Tasmanian Aboriginality a person must prove they descend from Fanny Cochrane Smith, Dolly Briggs or families from the Furneaux Islands' sealing communities. But other regional organisations say there are other ways people can be a descendant.
Towards treaty
The TAC disputes the credibility of a range of regional organisations, claiming they do not truly represent Aboriginal Tasmanians, or reflect the generational struggle.
The Circular Head Aboriginal Corporation comes in for particular criticism with claims there would be no descendants from the North-West Coast.
CHAC chairperson Selina Maguire-Colgrave said it was incorrect to claim they had no processes in proving Aboriginality.
"If someone comes to us with proof and we can trace their family line, they've said who their ancestor is - who are we to say they're not Aboriginal?" she said.
"There's a lot more than the three Aboriginal people that you can be descended from.
"We're glad that Aboriginality won't change to the model that another major organisation wants."
The problem now facing the Premier is getting everyone around the table, if it seems difficult to even reach the starting point of who can take part as an Aboriginal.
Rodney Dillon, co-chair of the regional Aboriginal organisations, said the issue of Aboriginality still had not been settled, but it had to be addressed before progressing to treaty.
"The Premier is a brave fella to take this on," he said.
"It'd make it hard to get to treaty without them (the TAC). Something's got to be worked out."
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