victorian treaty legislation

Victoria Makes History with Australia’s First-Ever Treaty Legislation: What It Means for the Nation

In a groundbreaking move, Victoria has become the first state in Australia to pass treaty legislation, marking a pivotal moment in the nation’s relationship with First Nations peoples. The landmark bill, which passed through the Victorian Parliament on October 31, 2025, establishes a legal framework for negotiating treaties with Aboriginal and Torres Strait Islander communities—a long-overdue step toward truth-telling, justice, and reconciliation.

This isn’t just another piece of legislation; it’s a historic shift in how Australia confronts its colonial past and builds a more equitable future. As the first of its kind in the country, the Victorian Treaty Authority (VTA) now has the mandate to facilitate negotiations between the state government and First Peoples’ representative bodies. With the VTA’s workforce quadrupling in anticipation of this moment, the stage is set for what could become a national model.

But why does this matter? And what does it mean for everyday Australians, especially those in Victoria and across the country?

Let’s break down the story—what happened, why it’s significant, and where we go from here.

The Moment That Changed Everything: What Just Happened?

On October 31, 2025, the Victorian Parliament officially passed the First Peoples’ Treaty Act, making it the first jurisdiction in Australia to establish a legal pathway for treaty negotiations with Indigenous communities. The legislation was introduced by the Andrews government and received bipartisan support, reflecting a rare moment of political unity on an issue that has long been polarised.

The law establishes the Victorian Treaty Authority (VTA) as an independent statutory body tasked with overseeing the negotiation process. Its role includes ensuring that First Nations voices are central to the discussions, facilitating dialogue, and supporting the development of a First Peoples’ Assembly—a representative body elected by Aboriginal Victorians to negotiate on their behalf.

According to the ABC, the passage of the bill was met with emotional scenes in the parliamentary chamber, with many Indigenous leaders, activists, and community members in attendance. Elders and youth alike described the day as “a dream decades in the making.”

“This is not just a win for Victoria—it’s a win for all of Australia,” said a spokesperson from the Victorian Aboriginal Community Controlled Organisation (VACCO), as reported by The Guardian. “It’s about recognising sovereignty, healing, and building a future where we are not just consulted—we are in control.”

The VTA, previously operating with limited staff, has now quadrupled its workforce, according to The Australian, in preparation for the complex and long-term work ahead. This expansion signals a serious commitment to ensuring the process is thorough, culturally safe, and community-led.

Recent Updates: The Timeline of a Historic Shift

Here’s a breakdown of the key developments leading up to and following the passage of the treaty legislation:

October 2022

• The Victorian government announces its intention to pursue a treaty process, following recommendations from the Yoorrook Justice Commission, a truth-telling inquiry into the impacts of colonisation on First Nations communities.

2023–2024

• The First Peoples’ Assembly of Victoria is formally established through a state election, with over 30 elected representatives from across Victoria. This body becomes the official negotiation partner for the state government.
• The VTA begins laying the groundwork for negotiations, including setting up cultural protocols, legal frameworks, and community consultation processes.

Mid-2025

• Draft legislation is released for public consultation. Over 10,000 submissions are received, with strong support from Indigenous groups, legal experts, and civil society organisations.
• Concerns are raised about potential delays, funding, and the risk of political interference, prompting amendments to strengthen the independence of the VTA.

October 31, 2025 – The Big Day

• The First Peoples’ Treaty Act passes both houses of the Victorian Parliament with cross-party support.
• Premier Jacinta Allan delivers a statement acknowledging the “long, painful history” of dispossession and reaffirming the government’s commitment to “a future built on justice and partnership.”
• The VTA announces plans to hire an additional 150 staff, including legal experts, cultural advisors, and community engagement officers, to support the negotiation phase.

November 2025 (Ongoing)

• The VTA launches a statewide engagement campaign to educate the public about the treaty process.
• The First Peoples’ Assembly begins drafting its negotiating mandate, outlining key priorities such as land rights, self-determination, language revitalisation, and economic equity.

Why This Isn’t Just Another Policy—It’s a Cultural Reckoning

To understand the significance of this legislation, we need to go back—way back.

A History of Broken Promises

Australia is the only Commonwealth country with an Indigenous population without a treaty or treaties recognising their sovereignty. While nations like Canada, New Zealand, and the United States have formal treaties (however flawed), Australia has long resisted the idea, often citing legal and constitutional barriers.

The 1967 referendum, which allowed the federal government to make laws for Aboriginal people and include them in the census, was a milestone—but it didn’t address sovereignty or land rights. The Mabo decision (1992) and Native Title Act (1993) recognised Indigenous land rights, but only where continuous connection could be proven. Many traditional owners were still excluded.

The Uluru Statement from the Heart (2017), which called for a First Nations Voice enshrined in the Constitution, was rejected by the Morrison government, deepening the sense of exclusion among many Aboriginal leaders.

Victoria’s treaty process is different. It’s not about symbolic recognition—it’s about power-sharing. It’s about giving First Nations communities the legal right to negotiate binding agreements on issues that affect their lives, lands, and cultures.

Who’s Involved?

The process is being driven by two key bodies:

1. The First Peoples’ Assembly of Victoria – An elected body of 32 Aboriginal Victorians, representing diverse nations and communities. They are the official negotiators.
2. The Victorian Treaty Authority (VTA) – An independent, arms-length body that ensures the process is fair, transparent, and culturally appropriate.

Crucially, the VTA is not controlled by the government. Its independence is written into the legislation, protecting it from political interference—a safeguard that many experts see as essential for legitimacy.

“This isn’t a top-down process,” said Dr. Jackie Huggins, a respected Aboriginal leader and co-chair of Reconciliation Australia. “It’s about self-determination. It’s about First Nations people deciding what treaty means for them.”

What’s Actually on the Table? The Immediate Impacts

So, what could a treaty actually achieve?

While the specifics will be negotiated over the coming years, the legislation allows for treaties to cover a wide range of areas, including:

• Land and resource rights – Recognition of traditional ownership, access to sacred sites, and co-management of national parks and waterways.
• Cultural protection – Support for language revival, cultural education, and protection of heritage sites.
• Economic development – Funding for Aboriginal businesses, employment targets, and investment in community infrastructure.
• Health and justice reform – Addressing systemic inequities in healthcare, education, and the criminal justice system.
• Self-determination – The right to make decisions about how communities are governed, funded, and represented.

The immediate effects are already being felt:

• Increased public awareness – Schools, councils, and businesses are beginning to incorporate treaty education into their programs.
• Cultural shifts – More Victorians are learning about the Wurundjeri, Dja Dja Wurrung, and Gunaikurnai nations, whose traditional lands cover much of the state.
• Economic opportunities – The expansion of the VTA has created jobs and contracts for Aboriginal-owned businesses and consultants.

But it’s not all smooth sailing. Some critics argue that the process is too slow, or that it lacks enforceable outcomes. Others worry that without federal support, Victoria’s treaty could become an isolated experiment.

Still, the momentum is undeniable.

What Comes Next? The Future of Treaty-Making in Australia

The Victorian treaty process is just the beginning. Experts believe it could spark a domino effect across the country.

Potential for National Change

• South Australia has already begun exploring a treaty process,