Treaty, Trust and Identity: Victorian business leaders mark a new era for Indigenous enterprise

Reece Harley
Reece Harley Updated October 31, 2025 - 7.27am (AWST), first published at 3.00am (AWST)

On the final day of the World Indigenous Business Forum in Naarm/Melbourne this week, Lawrence Moser spoke about the changes now taking shape in Victoria.

"I'm sick and tired of seeing our mobs being taken advantage of by impersonators and imposters," he said.

Moser, a Taungurung man and Co-Chair of the Kinaway Chamber of Commerce, said stronger accountability was needed to protect the integrity of Aboriginal business.

"There are people out there who claim to be black for the purpose of getting business up and running so they can access government contracts or loans," he said.

"We no longer accept statutory declarations. There are plenty of people applying to get into Kinaway who don't like that, but I don't care. It's about integrity."

His comments came as the Statewide Treaty Bill 2025 passed through the Victorian Parliament, making Victoria the first jurisdiction in Australia to legislate a treaty with its First Peoples.

For years, Moser said, Aboriginal business certification could be obtained with little more than a signed affidavit or "stat dec", a process that weakened public trust.

"I could walk into a court today with a stack of papers and a rubber stamp that says, 'Hey, I'm Black, I've got a stat dec,'" he said. "That's not good enough. Not anymore."

He said Kinaway had inherited problems from earlier agencies that accepted weak forms of verification.

"Their confirmation processes have now landed us with issues we're still dealing with," he said.

"We have to rebuild confidence so that when a business is certified as Aboriginal, it really is."

Moser said the issue extended beyond business.

"I sit on Koori Courts here in Victoria. When people come before the court, I ask them who their mob is and who they're connected to. Some get offended, but that's how we begin to understand who's genuine. You can't just wave a piece of paper and expect to be recognised," he said.

He said the chamber now prioritises demonstrated community connection.

"If you're working with Link-Up, which helps Stolen Generations find their families, now we're getting somewhere," he said.

"If you're known by the community and have been part of it for a while, now we're getting somewhere."

Journalist and publisher Charles Pakana, founder of Victorian Aboriginal News, said misuse of Aboriginal identity had become widespread.

"Black-cladding has created distrust in local government," he said.

"Councils are big spenders, but now they hesitate to support First Nations businesses because they don't know if the money is really going where it should."

Pakana said the problem stems from inconsistent rules.

"There are enormous numbers of businesses operating in Victoria staffed entirely by non-Aboriginal people who've got a bit of paper that says yes, I'm an Aboriginal person," he said.

"I'm hoping the treaty process will take on the responsibility for determining what the requirements for Aboriginality actually are."

He said reform is needed to rebuild trust.

"Black-cladding has been disastrous for so many Aboriginal businesses," he said.

"If treaty can create a foundation for proper certification and oversight, it will go a long way to fixing it."

Gunditjmara leader Damein Bell, First Peoples' Assembly of Victoria CEO, said the Bill's passage creates new opportunities for First Nations economic empowerment.

"We've got the Self-Determination Fund operating now," he said.

"It's been running for three years with investment strategies in place. We want inter-sovereign connections with other First Peoples' wealth funds around the world."

Bell said that over the past 30 years, Victorian Traditional Owners have built assets worth about $800 million.

"That's our start. It's for all our First Peoples from around the continent and the islands," he said.

"We need to keep our strength in our numbers up. The authority we hold comes from Country."

The new legislation establishes Gellung Warl, a statutory body that will oversee aspects of the treaty framework including truth-telling, representation, and cultural recognition. It also provides a clearer foundation for government and business to engage with Aboriginal organisations under consistent rules of identity and accountability.

In the business sector, the change is expected to strengthen procurement integrity. Public agencies and corporations now have a legislative framework that supports verified Aboriginal participation.

Moser said the reforms were long overdue.

"We're now starting to put proper process and policy around confirmation of identity," he said.

"We're not just going to take someone's word for it anymore. We owe that to our people and to the integrity of the system we're trying to build."

As the forum concluded, Moser reflected on the significance of the moment.

"This is a historic time for us in Victoria," he said.

"If we get the foundations right - certification, honesty, and truth - then treaty will mean something real."

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