- by Graham Holton
- The Guardian
- Issue #2172
Photo: matthrkac.com.au – flickr.com (CC BY 2.0)
On 13 November the Victoria government signed into law a treaty with the First Peoples of Victoria. It is Australia’s first statewide treaty between a state government and its Indigenous Peoples. Treaty formally recognises past injustices, rejects the doctrine of terra nullius, establishes new institutions for representation, truth-telling and accountability, and sets forth a path for changing the relationship between the state and Indigenous peoples. The Victorian Premier, Jacinta Allan, said: “It is a chapter that is founded on truth, guided by respect and carried forward through partnership … a partnership to build a stronger, fairer, more equal Victoria for everyone.” The treaty will take effect on 12 December 2025.
Treaty establishes a permanent representative body through which First Peoples will have a formal voice in laws, policies, and decisions affecting them. It embeds truth-telling, accountability and healing mechanisms to address historical wrongs and to build future relations. The treaty gives formal mechanisms for Indigenous Peoples to participate in decision-making.
Rueben Berg (Co-Chair, First Peoples’ Assembly of Victoria) said: “Words are cheap, but these words now, in a Treaty, in legislation, … these words cannot disappear.” Berg’s framing of Treaty as giving First Peoples the power to set their own course is central, that the “experts are Aboriginal people” underscores that it is not symbolic, but real decision-making by Indigenous communities. When Berg said “these words … cannot disappear,” he is stressing that embedding Treaty in legislation means its promises are binding and enduring.
Ngarra Murray (Co-Chair, First Peoples’ Assembly of Victoria) added that Treaty would not “divide Victoria, but complete it.” Through Murray’s “walking forward,” Treaty is the start of a healing journey of reconciling past injustices and building a foundation for future generations, “for our children … our lives … our waters.”
Jill Gallagher (Gunditjmara woman, CEO, VACCHO, and former Victorian Treaty Advancement Commissioner) said: “I feel like my people have some hope now. … I just want to encourage all Victorians to also feel that hope because this is our opportunity to bring us closer together and share our rich ancient culture with you.” Gallagher added: “I have long dreamt of being part of a society where all Victorians, both Indigenous and non-Indigenous, can celebrate and enjoy the many benefits that come with belonging to one of the world’s oldest living cultures … I believe Treaty will make that dream a reality.” It is not just symbolic, but a way to build “meaningful structural reform,” to equip First Peoples’ communities through health, education, and land to improve their outcomes.
Wurundjeri Woi-wurrung Elder Uncle Andrew Gardiner was gracious, saying “We trust you to do the right thing for us, as we are Victorians too.” It was a plea for respect, recognition, shared citizenship and an assertion of Indigenous identity within the broader Victorian community.
While Treaty is a major step forward, it does not give full veto power over government decisions to First Peoples. The real impact will depend on how the truth-telling body, accountability mechanisms, and the representative body will actually function and deliver. Any meaningful change will require shifts in attitudes and understanding across broader society and the education of the public on the state’s true history.
The longevity and strength of Treaty framework may depend on future governments’ challenges. While it is a landmark achievement, its success will depend on how the treaty’s provisions are implemented in practice and whether they lead to improved outcomes on the ground.
The Victorian Liberal Party is still committed to tearing up the treaty if it wins the next state election.
