History
The path to treaty has seen movements made to establish such a binding document at the federal and state level many times, such as in 1835 when colonial explorer John Batman laid claim to a treaty from the state's local Indigenous peoples that he could occupy land beside the Yarra River which he said was valid for 500,000 hectares of land. He was rebuffed by the New South Wales Governor, Richard Bourke, that only the Crown could make agreements of that type whereas Batman was acting on behalf of there Port Phillip Association. The claim of this treaty's existence has been doubted by historians and the Yoorrook Justice Commission. [1] Future aims at creating a treaty included 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 prime minister Bob Hawke which called for a treaty between Indigenous peoples and the government which Hawke supported but did not eventuate. [2]
In March 2016, Victorian premier Daniel Andrews announced the that the state government would commit to a treaty-making process with Indigenous peoples. [3] He also announced that the government would commit to reforms that aim to advance self-determination for Indigenous peoples. [1]
In July 2016, the Aboriginal Treaty Working Group was established which concluded that a representative body was needed. [3]
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. [3]
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. [3]
In 2018, the Parliament of Victoria passed the Advancing the Treaty Process with Aboriginal Victorians Bill 2018 which formally legislated a treaty-making body. [4] [3]
In 2019, the Aboriginal representative body was established and became the First Peoples' Assembly of Victoria. [3]
In 2021, the state government established a truth-telling forum to be known as the Yoorrook Justice Commission. [5]
The Victorian Labor Party took the proposal to the election in 2022. [6]
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. [7]
In October 2022, a Treaty Negotiation Framework was set up which sets out rules and conditions for negotiating a treaty. [5] 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. [5]
In November 2024, treaty negotiations formally begun between the state's Indigenous populations and the state government. [8]
The bill to enshrine a treaty ion law was introduced to parliament on 9 September 2025. [1]
Reactions
Praise
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". [14] [15]
The Federation of Community Legal Centres issued statements describing the treaty as a "necessary reset" of the justice system. [16] The Victorian Legal Service Board + Commissioner also welcomed the enactment of the new law and called it a "historic moment for our state and nation". [17] Nationally, Reconciliation Australia praised the legislation as a precedent for other states, noting that "governments must learn and act on this truth" to close the gap. [18]
The Labor government under premier Jacinta Allan and the Greens supported the legislation, with party leader Ellen Sandell describing the passing of the bill as a "historic moment" that invites all Victorians to walk with First Peoples. [19] [20]
Criticism
The conservative think tank IPA (Institute of Public Affairs) has said "by seeking to force through this legislation, the Allan government is deliberately creating a new, two-tiered legal system that affords special rights to some Victorians, while paving the way for reparation payments". [21]
Senator Lidia Thorpe argued that the treaty did not reflect the "free, prior and informed consent" of all 38 language groups in Victoria. [22] Thorpe criticised the model as a "colonial government system". [22]
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