Statewide Treaty Act 2025

Statewide Treaty Act 2025
Parliament of Victoria
Long title A Bill for an Act to establish a First Peoples' representative and deliberative body named Gellung Warl, to amend the Advancing the Treaty Process with Aboriginal Victorians Act 2018 and the Treaty Authority and Other Treaty Elements Act 2022, to consequentially amend other Acts and for other purposes.
Citation	Statewide Treaty Act 2025 (VIC) No. 45 of 2025
Territorial extent	Victoria
Passed by	Legislative Assembly
Passed	16 October 2025
Passed by	Legislative Council
Passed	30 October 2025
Assented to by	Governor Margaret Gardner
Assented to	13 November 2025
Commenced	14 November 2025 (sections 1–8, 190–200, 229) and 1 May 2026 (sections 9–189, 201–228, 230–299)
Administered by	Department of Premier and Cabinet
Legislative history
First chamber: Legislative Assembly
Bill title	Statewide Treaty Bill 2025
Bill citation	Statewide Treaty Bill 2025
Introduced by	Jacinta Allan
Member in Charge	Lizzie Blandthorn
Introduced	16 October 2025
First reading	9 September 2025
Second reading	16 October 2025
Voting summary	54 voted for 27 voted against 47 absent
Third reading	16 October 2025
Voting summary	54 voted for 27 voted against 47 absent
Second chamber: Legislative Council
Bill title	Statewide Treaty Bill 2025
First reading	16 October 2025
Second reading	28 October 2025
Voting summary	22 voted for 17 voted against 1 absent
Committee of the whole	30 October 2025
Voting summary	21 voted for 16 voted against 3 absent
Final stages
Finally passed both chambers	30 October 2025
Amends
Treaty Authority and Other Treaty Elements Act 2022 Advancing the Treaty Process with Aboriginal Victorians Act 2018 Aboriginal Heritage Act 2006 Aboriginal Lands Act 1970 Audit Act 1994 Freedom of Information Act 1982 Health Records Act 2001 Heritage Act 2017 Independent Broad-based Anti-Corruption commission Act 2011 Integrity Oversight Victoria Act 2011 Interpretation of Legislation Act 1984 Land Tax Act 2005 Ombudsman Act 1973 Payroll Tax Act 2007 Privacy and Data Protection Act 2014 Public Administration Act 2004 Public Interest Disclosure Act 2012 Public Records Act 1973 Subordinate Legislation Act 1994
Summary
Indigenous rights in Australia, Indigenous treaties in Australia
Status: Current legislation

The Statewide Treaty Act 2025 is an act of parliament in the Australian state of Victoria which aims to legislate a treaty with Victoria's Indigenous peoples.

The legislation enacts the first treaty with Indigenous peoples anywhere in Australia.

History

See also: Indigenous land rights in Australia, Human rights in Australia § Indigenous Australians, and Indigenous treaties in Australia

The path to treaty has seen movements made to establish such a binding document at the federal level previously such as in the late 1970s when Herbert Cole 'Nugget' Coombs and Judith Wright established the Aboriginal Treaty Committee which was active from 1979 to 1983 and aimed to raise awareness of treaty-related issues amongst the non-Indigenous population. In 1988, the Barunga Statement was presented to Bob Hawke which called for a treaty between Indigenous peoples and the government and Hawke supported but this did not eventuate. ^[1]

In March 2016, Victorian premier Daniel Andrews announced the that the state government would commit to a treaty-making process with Indigenous peoples. ^[2]

In July 2016, the Aboriginal Treaty Working Group was established which concluded that a representative body was needed. In late 2017, the Aboriginal Community Assembly was established which was made up of 31 members and was tasked with assessing key questions relating to a representative body such as community representation, governance and structural elements. ^[2]

In December 2017, a Victorian Treaty Advancement Commission was established and was chaired by Jill Gallagher, the body's main tasks were to establish greater momentum for the treaty-making process and establish an Aboriginal representative body. The final report of the Treaty Advancement Commission was submitted in March 2018 and toured 30 locations to showcase their proposals. ^[2]

In 2018, the Parliament of Victoria passed the Advancing the Treaty Process with Aboriginal Victorians Bill 2018 which formally legislated a treaty-making body. ^{[3] [2]}

In 2019, the Aboriginal representative body was established and became the First Peoples' Assembly of Victoria. ^[2]

In 2021, the state government established a truth-telling forum to be known as the Yoorrook Justice Commission. ^[4]

In August 2022, legislation passed parliament titled the Treaty Authority and Other Treaty Elements Bill 2022 which aimed to establish the Treaty Authority to expand consultation with Indigenous peoples and act as an umpire for these negotiations. ^[5]

In October 2022, a Treaty Negotiation Framework was set up which sets out rules and conditions for negotiating a treaty. ^[4] Also in October 2022, a Self-Determination Fund was introduced which allows Aboriginal Victorians to conduct treaty negotiations on an equal standing with the state government. ^[4]

In November 2024, treaty negotiations formally begun between the state's Indigenous populations and the state government. ^[6]

Provisions

The legislation creates a body named Gellung Warl which will:

• Make the First Peoples' Assembly of Victoria permanent and establish a requirement that the body be consulted by the government on new laws affecting Indigenous peoples ^[7]
• Establish Nyerna Yoorrook Telkuna that will continue the truth-telling work of the Yoorrook Justice Commission
• Establish Nginma Ngainga Wara (translated as "you will do" from Wadi Wadi language) as a body that will hold the state government to account on its promises to close the gap. ^[8]

The treaty will create a new Indigenous cultural education facility for first peoples, encourage greater use of place names that recognise Indigenous heritage and calls for greater uses of Gellung Warl in daily life. ^{[9] [10]} The treaty also gives Aboriginal Victorians powers to confirm or deny Aboriginal identity, manage community infrastructure and manage cultural programs. ^[11]

Reactions

United Nations High Commissioner for Human Rights Volker Türk praised the legislation's enactment while stating that the agreement had the "potential to be truly transformative" and that "it represents a major step towards justice and equality". ^{[12] [13]}

Other states and territories

Although this is the first legislation of its kind in Australia, other states such as New South Wales have planned treaty negotiation processes with their Indigenous peoples. ^[14] The Australian Capital Territory is also planning to implement a treaty with its Indigenous peoples. ^[8]

Other states and territories such as Queensland, ^[15] Tasmania — though it has established truth-telling and healing commissioners ^[16] — and the Northern Territory had planned to negotiate treaties with Indigenous peoples but these have been canceled. ^[17] South Australia has planned a treaty negotiation process with their Indigenous peoples but they have paused that process since it is nine months until their next election, although South Australia has legislated a Voice to Parliament similar to the rejected referendum proposal in 2023. ^[18] The Western Australian government has stated that they are more focused on settling native titles. ^[14]

Future

The opposition Liberal and National coalition has indicated that they do not support any treaty processes and seek to repeal the legislation if they win the next election due by November 2026, instead proposing a new advisory body and a government department to more effectively manage Indigenous affairs. ^[19]

The Dja Dja Wurrung Clans Aboriginal corporation has applied to begin negotiations of a local treaty with the Victorian government. This proposal has been welcomed by minister for treaty and first peoples Natalie Hutchins. ^[20]

References

1. Janke, John Paul (9 June 2025). "Centuries in the making: Could Australia see its first Indigenous Treaty by next year?". SBS News. Archived from the original on 18 November 2025. Retrieved 18 November 2025.
2. "Treaty legislation passed in Victoria". Deadly Story. Archived from the original on 20 June 2025. Retrieved 18 November 2025.
3. Wahlquist, Calla (21 June 2018). "Victoria passes historic law to create Indigenous treaty framework". The Guardian . Archived from the original on 18 September 2025. Retrieved 18 November 2025.
4. "Pathway to Treaty". vic.gov.au. 27 February 2025. Archived from the original on 17 September 2025. Retrieved 18 November 2025.
5. Ilanbey, Sumeyya (16 August 2022). "'Amazing day': Bill to set up Treaty Authority passes state parliament" . The Age . Archived from the original on 18 November 2025. Retrieved 18 November 2025.
6. Woodall, Nate and Dunstan, Joseph (21 November 2024). "Victorian treaty talks begin, in historic first for Aboriginal people and Australian governments". ABC News. Archived from the original on 1 October 2025. Retrieved 18 November 2025.
7. "'Side by side': Australia's first treaty with Aboriginal people signed into law in Victoria". SBS News. AAP. 13 November 2025. Archived from the original on 18 November 2025. Retrieved 18 November 2025.
8. Wellauer, Kirstie and Boltje, Stephanie (14 November 2025). "Victoria's treaty is here. What does it mean? And is one coming to my state?". ABC News. Archived from the original on 14 November 2025. Retrieved 18 November 2025.
9. Hobbs, Harry (13 November 2025). "Victoria's groundbreaking treaty could reshape Australia's relationship with First Peoples". The Conversation . Archived from the original on 18 November 2025. Retrieved 18 November 2025.
10. Ashton, Kate (22 August 2025). "Victoria's First Peoples' Assembly reveals proposed treaty-backed powers to create new education facility". ABC News. Archived from the original on 9 October 2025. Retrieved 18 November 2025.
11. Kolovos, Benita (31 October 2025). "Australia's first formal treaty with Indigenous traditional owners passed in Victoria". The Guardian . Archived from the original on 18 November 2025. Retrieved 18 November 2025.
12. Rowlands, Lyndal (13 November 2025). "Australia's first treaty with Aboriginal people signed in state of Victoria". Al Jazeera. Archived from the original on 18 November 2025. Retrieved 18 November 2025.
13. Ashton, Kate; Fitzgerald, Bridget; Jash, Tahnee (13 November 2025). "Australia's first treaty with Aboriginal people signed in Victoria". ABC News. Victoria's treaty welcomed by the UN. Archived from the original on 18 November 2025. Retrieved 18 November 2025.
14. Boltje, Stephanie (5 June 2025). "What will NSW Aboriginal treaty discussions look like and when will they begin?". ABC News. Archived from the original on 26 September 2025. Retrieved 18 November 2025.
15. Messenger, Andrew (28 November 2024). "'We deserve better': Indigenous truth-telling head condemns Queensland government as treaty laws face axe". The Guardian . Archived from the original on 6 October 2025. Retrieved 18 November 2025.
16. Gibson, Jano; Barraclough, Ashleigh (28 May 2025). "Tasmanian government to fund truth-telling commissioners but drop treaty process". ABC News. Archived from the original on 1 October 2025. Retrieved 18 November 2025.
17. Garrick, Matt (11 February 2025). "NT CLP government 'dismantles' treaty plans, ending seven-year process". Stateline . Archived from the original on 9 September 2025. Retrieved 18 November 2025– via ABC News.
18. Richards, Stephanie (2 June 2025). "SA First Nations communities 'waiting, prepared' to restart treaty process". ABC News. Archived from the original on 26 September 2025. Retrieved 18 November 2025.
19. Charles, Bronte (14 October 2025). "Victorian Liberals to scrap statewide Treaty if elected". NITV . Archived from the original on 18 November 2025. Retrieved 18 November 2025– via SBS News.
20. Pavlich, Emile (28 May 2025). "Dja Dja Wurrung traditional owners start treaty with state government". ABC Central Victoria . Archived from the original on 16 September 2025. Retrieved 18 November 2025– via ABC News.

External links

• About Victoria's Treaty
• Statewide Treaty