Statewide Treaty Act


The Statewide Treaty Act 2025 is an act of parliament in the Australian state of Victoria which aims to legislate the Statewide Treaty with Victoria's Indigenous peoples. The legislation enacts the first [Indigenous treaties in Australia|treaty with Aboriginal Australians|Indigenous peoples anywhere in Australia].
The treaty is a binding agreement between the state of Victoria and the First Peoples' Assembly of Victoria. Signed on 13 November 2025, it is the first treaty negotiated between an Australian government and First Peoples. The agreement establishes a permanent First Peoples' Representative Body known as Gellung Warl and sets the framework for future local treaties with Traditional Owners.
The Statewide Treaty Act received royal assent on the same day the treaty was signed on 13 November 2025 by representatives of the State of Victoria and the First Peoples' Assembly of Victoria.

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. 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.
In March 2016, Victorian premier Daniel Andrews announced the that the state government would commit to a treaty-making process with Indigenous peoples. He also announced that the government would commit to reforms that aim to advance self-determination for Indigenous peoples.
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.
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.
In 2018, the Parliament of Victoria passed the Advancing the Treaty Process with Aboriginal Victorians Bill 2018 which formally legislated a treaty-making body.
In 2019, the Aboriginal representative body was established and became the First Peoples' Assembly of Victoria.
In 2021, the state government established a truth-telling forum to be known as the Yoorrook Justice Commission.
The Labor Party took the proposal to the election in 2022. They won the election so treaty processes continued.
In 2022, the Victorian Liberal Party supported the government's process of negotiating a treaty. Tim Smith indicated that he would vote against any proposed legislation on this matter.
In August 2022, the Treaty Authority and Other Treaty Elements Bill 2022 passed parliament. The bill established the Treaty Authority which aimed to expand consultation with Indigenous peoples and act as an umpire for these negotiations.
The Legislative Council voted 31 votes to three for the Treaty Authority and Other Treaty Elements Bill 2022. The three who voted against the bill were the two Liberal Democrats Tim Quilty and David Limbrick and former Liberal turned Democratic Labour Bernie Finn.
In October 2022, a Treaty Negotiation Framework was set up which sets out rules and conditions for negotiating a treaty. 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.
On 21 January 2024, the Victorian Liberal and National opposition announced that they would be withdrawing its support for treaty, reversing their previous support for the proposal.
Negotiations for the treaty officially commenced in late 2024.
The bill to enshrine a treaty in law was introduced to parliament on 9 September 2025.
The bill passed the Legislative Council on 30 October 2025, with 21 votes in favour to 16 against. Labor, the Greens, the Animal Justice Party and Legalise Cannabis Victoria voted in favour of the bill while the Liberals and Nationals, Shooters, Fishers and Farmers, Libertarian Party and One Nation voted against.
The treaty formally commenced on 12 December 2025, following a ceremonial event and performances at John Cain Arena. The ceremonial treaty signed on the day is made of kangaroo skin and the leaders used ochre to sign the treaty with their handprints.

Provisions

The treaty establishes Gellung Warl as the "First Peoples' representative and deliberative body". Schedule B of the treaty outlines specific "Immediate Statewide Treaty Reforms" to be implemented by the state government and Gellung Warl, such as:
  • Making 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.
  • Nginma Ngainga Wara is established as an independent accountability mechanism.
  • Establishing Nyerna Yoorrook Telkuna that will continue the truth-telling work of the Yoorrook Justice Commission and analyse ongoing impacts of colonisation.
  • Establish Nginma Ngainga Wara as a body that will hold the state government to account on its promises to close the gap.
The treaty establishes or formally recognises three key institutions to oversee the relationship between the state and First Peoples. It 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. The treaty also gives Aboriginal Victorians powers to confirm or deny Aboriginal identity, manage community infrastructure and manage cultural programs.

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. The Australian Capital Territory is also planning to implement a treaty with its Indigenous peoples.
Other states and territories such as Queensland, Tasmania — though it has established truth-telling and healing commissioners — and the Northern Territory had planned to negotiate treaties with Indigenous peoples but these have been canceled. 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. The Western Australian government has stated that they are more focused on settling native titles.

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.
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.

Reception

The First Peoples' Assembly of Victoria celebrated the treaty as a victory for self-determination. Co-chairs of the assembly Ngurra Murray and Reuben Berg were present at the assenting ceremony Berg said "the Treaty we have signed is full of hard fought words. Every single line of the Treaty is imbued with the spirit of our people who have pushed us to do this work", while Murray said "this is a promise that our future will be written together. We have honoured our ancestors and paved the way for generations to come." However, independent senator Lidia Thorpe argued that the treaty did not reflect the "free, prior and informed consent" of all 38 language groups in Victoria. Thorpe criticised the model for integrating into "colonial government systems" rather than delivering full sovereign independence.
The conservative think tank IPA 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". The Federation of Community Legal Centres and the Victorian Legal Service Board + Commissioner issued statements describing the treaty as a "necessary reset" of the justice system. 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.
The Labor government and the Greens supported the legislation, with Greens leader Ellen Sandell describing the passing of the bill as a "historic moment" that invites all Victorians to walk with First Peoples.
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".