What Is Australia’s State of Victoria’s Treaty with Indigenous Peoples?

Morung Express Feature

The Australian State of Victoria on October 30 passed legislation to establish the nation’s first treaty with First Nations people, described by the UN Human Rights Office as an “historic step toward self-determination for the country’s First Peoples.”

Among other provisions, the Statewide Treaty Bill establishes a democratically elected body to represent First Nations people in Victoria and advise the state government on laws and policies impacting their rights and interests.

The Bill was passed by both houses of the Victorian Parliament on October 30. The negotiated treaty will be signed by the Victorian Government and the First Peoples’ Assembly in the coming weeks, and it is expected to become law once the Governor provides Royal Assent.

A statement from the office of Premier Jacinta Allan noted that the legislation paves the way for a new relationship between First Peoples and the Victorian Government — one built on respect, trust, and integrity.

The Treaty Agreement will commence through a ceremonial exchange between the Victorian Government and the First Peoples’ Assembly at a public event at Federation Square on December 12, the statement added.

Premier Allan stated that the “Treaty gives Aboriginal communities the power to shape the policies and services that affect their lives,” while Minister for Treaty and First Peoples Natalie Hutchins said it was “about acknowledging the truth of our past and working on a future built on mutual understanding and respect for First Peoples.”

Ngarra Murray, Co-Chair of the First Peoples' Assembly of Victoria, stated that the 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.”

The Treaty represents a major step toward justice and equality, lauded UN Human Rights Chief Volker Türk, adding that it addresses the “continued exclusion of and discrimination against the country’s First Peoples – the result of coloniation.”

Based on the explainer on the Victorian Government’s Treaty website (treatyvictoria.vic.gov.au), The Morung Express presents a lowdown on the Treaty.

What the Treaty Delivers

The Treaty is about making a better and fairer state for all Victorians by ensuring First Peoples have a say over the policies that impact them and their families.

According to the Government, for too long, laws and policies have been made about First Peoples — without First Peoples.

When First Peoples lead the way in designing policies and solutions, outcomes improve across key areas such as health, housing, and education, it said.

Establishes Gellung Warl

The Statewide Treaty Bill 2025 (the Bill) establishes a new entity, Gellung Warl  from the Gunaikurnai language), evolved from Victoria’s successful First Peoples’ Assembly.

Gellung Warl will comprise three main parts:

a. First Peoples' Assembly of Victoria: A democratically elected body that will inform Parliament and the Victorian Government on matters affecting First Peoples and make decisions about issues impacting their communities.

b. Nginma Ngainga Wara: Pronounced Ng-in-ma Ng-eye-nga Wa-ra, this body will ensure accountability for the State’s commitments to First Peoples. It implements Victoria’s commitment under the National Agreement on Closing the Gap to establish an independent accountability mechanism and improve outcomes.

It will evaluate and monitor how effectively the Victorian Government achieves better outcomes for First Peoples and will be led by members appointed by the First Peoples’ Assembly.

c. Nyerna Yoorrook: Pronounced Nyern-ah Yoo-rrook Terl-kun-ah, this entity will support truth-telling in local communities about history, fostering ongoing education, healing, and reconciliation.

Led by three members appointed by the Assembly, it will continue the truth-telling and healing journey initiated by the Yoorrook Justice Commission.

The Bill empowers the Assembly within Gellung Warl to make rules, guidelines, and standards on issues directly affecting First Peoples, including:

•    Rules regarding the “acceptance by community” aspect of Confirmation of Aboriginality

•    Appointment of existing First Peoples’ representatives to the Heritage Council and Aboriginal Heritage Council

•    Non-binding guidelines for trading and sharing First Peoples’ existing water entitlements with other First Peoples

•    Guidelines on First Peoples’ cultural safety, including for specific activities, industries, or sectors

•    Internal rules on structure, governance, and operations

Important, Practical Reforms

Gellung Warl will use its powers and functions to advance key reforms outlined in the Treaty, including:

•    Using the Yoorrook Justice Commission’s Official Public Record as a curriculum resource to support truth-telling in schools

•    Participating in the naming of specific geographic features — including waterways and national and state parks — to promote traditional or language-based place names
•    Establishing a First Peoples Infrastructure Fund to refurbish or build new Aboriginal community infrastructure

•    Delivering Aboriginal events and awards, such as NAIDOC Week celebrations and the Victorian Aboriginal Honour Roll

What the Treaty Bill Won’t Do

While Gellung Warl will be an ongoing democratic, representative, and deliberative body for First Peoples in Victoria as well as operate independently from government, it remains subject to parliamentary sovereignty.

Its operations will not affect Parliament’s ability to make laws or the Victorian Government’s ability to govern for all Victorians. 

Gellung Warl will have no power to veto policy or legislation and will be subject to the same oversight bodies as other independent agencies, including VAGO, IBAC, and the Ombudsman
Further, the Treaty will not change the Victorian or Commonwealth Constitution or establishes a “third chamber of Parliament” in Victoria’s legislature.

It does not involved change in tax laws or provides individual financial reparations.

The Treaty does not remove anyone’s rights, the explainer added.