First treaty with First Peoples in Australia

Until now, Australia has not had a treaty with First Peoples. In this respect, it has differed from the former British colonies of New Zealand and Canada in terms of recognition of First Nations peoples’ sovereignty, although Western Australia enacted legislation to settle a dispute about traditional land ownership for Noongar people in 2016, and South Australia legislated for a representative voice for First Peoples to its parliament in 2023.

History was made on 13 November 2025. On this date, legislation in Victoria received Royal Assent and the Statewide Treaty was signed by Victorian Premier Jacinta Allan, Minister for Treaty Natalie Hutchins and First Peoples’ Assembly co-chairs Rueben Berg and Ngara Murray. The audience included representatives of the King, State, Parliament and First Nations people. The public ceremonial exchange is scheduled for 12 December 2025.

The Statewide Treaty Act 2025 (Vic) for the Statewide Treaty has commenced. All provisions will operate from 1 May 2026. This is a culmination of a decade-long negotiation between the State of Victoria and the First Peoples’ Assembly of Victoria Ltd. It was informed by the Yoorrook Justice Commission undertaking Australia’s first truth-telling inquiry into injustices perpetuated through colonisation, leading to recommendations in July 2025 that Victoria work with First Peoples to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) into law and practice.

The Treaty will create Gellung Warl as a new democratic, representative, statutory body for First Peoples in Victoria, with multiple roles.

• First Peoples’ Assembly as the democratically elected decision making arm working collaboratively for the self-determined political representation of First Peoples in accordance with the UNDRIP.
• Nginma Ngainga Wara for evaluating and monitoring government policies, including implementation of the Yoorrook Justice Commission recommendations, and making proposals to improve outcomes for First Peoples.
• Nyerna Yoorrook Telkuna for truth-telling about historical injustices and their impact on First Peoples and reconciliation.

People and businesses in Victoria could experience significant changes as engagement deepens with First Peoples and recommendations about cultural heritage, resources and beyond are implemented in laws and policies.

The Preamble concludes, “With this Act, it is acknowledged with pride that future generations of Victorian children will grow up in a State shaped by Treaty, truth and justice. Treaty imposes mutual obligations on Gellung Warl and the State of Victoria to create and uphold co-operative arrangements to ensure laws and practices in Victoria benefit and create a better future for all Victorians.”

The Uluru Statement from the Heart in 2017 asked for a Makarrata Commission to supervise agreement making – a clear call from First Peoples for a treaty. It remains to be seen if the developments in Victoria influence the positions of other Australian jurisdictions which remain mixed at the time of writing.

For more on Victoria’s Statewide Treaty: Victoria’s Treaty | treatyvictoria.vic.gov.au