“The time for paternalistic governments making decisions on behalf of our people ends with this treaty. No longer will policies be made about us without us.” – Ngarra Murray

In a historic step towards justice and self-determination of Indigenous Peoples in Australia, Victoria has become the first state to adopt a statewide treaty with First Nations peoples, after Parliament passed the landmark legislation on 30 October 2025.

The Statewide Treaty Bill establishes a democratically elected body to represent First Nations people in Victoria and to advise the state government on policies that impact their rights and interests.

Treaties are formal agreements between two parties, often used to help establish and maintain peace. While many countries around the world have treaties with Indigenous peoples, Victoria’s move is the first of its kind at a state level in Australia.

Under the legislation, a new representative body, Gellung Warl, will come into operation on 1 May 2026 as the permanent representative and deliberative body for Traditional Owners and First Peoples in Victoria.

Gellung Warl’s powers and functions will be subject to further negotiation over time, but its core role is to represent First Peoples in treaty negotiations and hold the State accountable for its commitments and decisions affecting Indigenous communities.

The treaty framework also acknowledges that First Nations peoples have lived in balance with the land for at least 60,000 years and commits to continued truth-telling and structural reform to address historical and ongoing injustices.

The Assembly will set up Nyerna Yoorrook Telkuna—meaning to ‘to sit, to listen, to hear, to remember’ (Nyerna), ‘to truth’ (Yoorrook), ‘to cure, to heal’ (Telkuna) in Wamba Wamba/Wemba Wemba language—will be responsible for continuing a public record of First Nations true history and the Truth-telling and healing process.

This was previously a responsibility of Victoria’s Yoorrook, which found that First Peoples of Victoria endured crimes against humanity and genocide since the beginning of colonisation in the state.

Reconciliation Australia has described truth-telling as “fundamental to forging the path to reconciliation and justice,” arguing it supports healing and stronger, more cohesive communities.

Meanwhile, Nginma Ngainga Wara—meaning ‘you will do’ in Wadi Wadi language—will operate as an Outcomes and Justice Commission. This will hold government and publicly funded bodies accountable for outcomes for First Peoples by conducting Parliamentary Committee-style hearings and system-wide inquiries.

Designed by and for First Peoples, this treaty acknowledges that First Nations people have lived in balance with the land for at least 60,000 years and provides ongoing truth-telling to rectify the consequences of past and present injustices, ensuring oversight and reform rather than a one-off symbolic gesture.

The Statewide Treaty came about through a decade-long negotiation process between the First People’s Assembly of Victoria and the State, beginning in 2016, and, on 9 September 2025, the Statewide Treaty Bill was introduced into the Victorian Parliament, where it successfully passed the lower and upper-house.

“Treaty gives Aboriginal communities the power to shape the policies and services that affect their lives,” Jacinta Allan said following the passing of the legislation, “This is how we build a fairer, stronger Victoria for everyone.”

“Treaty recognises that Aboriginal people are the experts when it comes to our Country, culture and communities—and makes sure we can use our local knowledge to come up with and deliver practical solutions to improve health, education and housing outcomes for our communities,” wrote Ngarra Murray.

First Nations people across Australia continue to be subjected to systemic discrimination and disproportionate harm across key institutions. As of 30 June 2024, First Nations adults accounted for 36 per cent of the total prison population despite representing only 3.8 per cent of the country’s population.

In 2025 alone, 12 First Nations people have died in custody in NSW—the highest number recorded in a year. In WA, Aboriginal children are disproportionately removed from their families. Racism against First Nations people continues to rise, with a reported 54 per cent experiencing racism in 2024 from 39 per cent in 2014, and younger First Nations people experiencing higher degrees of racism compared to other age groups.

These issues are among the many institutional challenges faced by First Nations people in Australia. Several UN rights experts have emphasised the importance of “transitional justice measures to effectively address legacies of gross violations of human rights as a form of recognition, reparation and reconciliation.”

While the treaty is widely regarded as a significant and promising step, advocates say the work cannot stop here. They argue it will be crucial for Victorians to continue pressuring the State Government to uphold and strengthen the agreement, particularly given the Victorian Coalition’s pledge to scrap the statewide treaty if elected in 2026.

This treaty is not an endpoint for First Nations self-determination, but a crucial stepping stone in jump-starting national efforts to implement institutional changes to correct historical and contemporary harms caused by centuries of colonialism.

A public ceremony will be held on Friday, 12 December at Melbourne’s Federation Square to formally mark the commencement of the treaty process—an event that supporters say is both a moment of celebration and a reminder of the work that still lies ahead.