Victoria’s landmark Treaty: what it does and why it’s important

The Statewide Treaty passed the Victorian Legislative Council by 21 votes to 16, on 30 October 2025, following two days of debate.

The importance of Treaty for First Peoples was encapsulated by First Peoples' Assembly of Victoria Co-chair Ngarra Murray, Wamba Wamba, Yorta Yorta, Dja Dja Wurrung and Dhudhuroa woman, who said, at the passing of the Bill, 'Treaty marks the beginning of a new era, one where First Peoples' 60,000 years of knowledge and culture is respected and celebrated. It's an opportunity for all Victorians to acknowledge our shared history, heal and move forward together.'

The Act's preamble frames it as follows:

This Statewide Treaty marks a moment of truth and courage. It brings together the First Peoples of these lands and waters - through the First Peoples' Assembly of Victoria - and the State of Victoria on behalf of all Victorians, to forge a renewed and enduring relationship built on respect, trust, accountability and integrity. It invites every Victorian - no matter their background or how long they've called this place home - to be part of a shared future grounded in justice, understanding and unity.'

Rueben Berg, proud Gunditjmara man and Co-Chair of the First Peoples' Assembly of Victoria, believes the defeat of the 2023 Voice Referendum makes the Statewide Treaty process in Victoria even more necessary and important:

The treaty-making process we've been on here in Victoria is very different from the referendum that happened a couple of years ago … Essentially that was a model that was not as tried and true and tested, whereas here in Victoria we're implementing something that has already existed for the First Peoples' Assembly for the last six years and it has demonstrated success.

The Treaty process began in 2016 with the formation of the Aboriginal Treaty Working Group. Since then, Victoria has enacted the Advancing the Treaty Process with Aboriginal Victorians Act 2018, held two elections for the First Peoples’ Assembly of Victoria, and established both the Treaty Authority and the Yoorrook Justice Commission.

Treaty Authority

The Victorian Treaty Authority is designed to allow Traditional Owners of Country to negotiate Treaties across the state. The Authority’s purpose is to negotiate Treaties which, among other things, recognise historic wrongs, address ongoing injustices, support reconciliation, and promote the fundamental human rights of Aboriginal peoples, including the right to self-determination. 

The key difference between the Statewide Treaty, and the Treaties negotiated under the Authority is that these Treaties are about the Traditional Owners’ aspirations for their Country, including their land and waters. Traditional Owner Treaties are nation-to-nation treaties, negotiated between a Traditional Owner Treaty Delegation and the State of Victoria. These Treaties cover the traditional lands and waters of the Delegation.

There can only be one Traditional Owner Treaty for one area of Country. This means that all Traditional Owner Groups that enter onto the Negotiations Register for the same area of land and waters should work together to form a single Treaty Delegation.

The Dja Dja Wurrung Clans Aboriginal Corporation are the first Traditional Owners to have begun negotiating a Treaty under this framework (see a map of the treaty register).

Yoorrook Justice Commission

The Yoorrook Justice Commission was established in May 2021. Yoorrook was tasked with creating an official public record based on First Peoples’ experiences of systemic injustice since the start of colonisation. This had never been done before. In June 2025 the final Truth be Told report was published by Yoorrook, which tells the history of Victoria through the voices of First Peoples who testified. In the report, Chairperson of Yoorrook Professor Eleanor Bourke AM highlights the importance of Yoorrook as, for the first time, ‘First Peoples’ truths about colonisation will sit on the public record alongside the colonial narrative that has, until now, been the dominant account of the past.’

The Yoorrook Justice Commission made 146 total recommendations. Recommendations 1-3 recommended that the Victorian Government transfer decision-making power to First Peoples, giving full effect to self-determination in Victoria. The Commission emphasised that this cannot be achieved without a mechanism to realise self-determination through the establishment of a treaty. 

As Australia's first ever Treaty, Victoria's Statewide Treaty received Royal Assent on 13 November 2025, which officially made it law. The Statewide Treaty is structured around several sections, including the preamble, background and foundation, commitments and the scheduled A-C. The legislation will establish the First Peoples' Assembly as a permanent representative body to advise the government. It will be known as Gellung Warl, meaning 'tip of the spear' in the Gunaikurnai language. Gellung Warl will embody processes for truth-telling, accountability, and the development of future treaties.

The body will be elected by First Peoples in Victoria and will operate out of the Victorian Parliament House. The legislation recognises the communicative differences and voices of First People's in Victoria and embeds this by allowing local groups to negotiate their owner agreements.

According to the Statewide Treaty, Gellung Warl will be empowered to:

• make rules regarding the 'acceptance by community' aspect of Confirmation of Aboriginality;
• appoint First Peoples' representatives to the Heritage Council and Aboriginal Heritage Council;
• issue non-binding guidelines for the trading and sharing of First Peoples' water entitlements;
• develop guidelines on cultural safety for specific activities, industries, or sectors; and
• set its own internal rules on structure, governance, and operations.

Gellung Warl will also oversee practical reforms, including:

• supporting truth-telling in schools using the Yoorrook Justice Commission's Official Public Record;
• participating in the place-naming of geographic features to increase the use of traditional or language names;
• establishing a First Peoples Infrastructure Fund for community infrastructure projects; and
• delivering Aboriginal events and awards, such as NAIDOC Week and the Victorian Aboriginal Honour Roll.

The Treaty also introduces Nginma Ngainga Wara, a word from the Wadi Wadi language, which will ensure independent oversight and accountability. Nginma Ngainga Wara is established to:

• evaluate and monitor the actions and performance of State government towards achieving State government outcomes directed to First Peoples;
• evaluate and monitor the actions and performance of State government towards implementing the recommendations of the Yoorrook Justice Commission; and
• recommend to the First Peoples' Assembly practical and feasible measures to improve outcomes for First Peoples.

Nginma Ngainga Wara will monitor the State government's treatment of First Peoples and will provide recommendations to the First Peoples' Assembly, conduct inquiries, and monitor the implementation of the recommendations from the Yoorrook Justice Commission. Nginma Ngainga Wara will be comprised of members elected by the First Peoples' Assembly.

The Treaty also introduces Nyerna Yoorrook Telkuna, which is a word from the Wamba Wamba / Wemba Wemba language. Nyerna Yoorrook Telkuna is established to:

• provide for non-judicial and self-determined truth-telling across Victoria that is capable of being localised and place-based;
• allow for the sharing and recording of experiences of historical events and the impact of colonisation on First Peoples; and
• support the aim of enabling healing for First Peoples and healing between First Peoples and the broader community.

Nyerna Yoorrook Telkuna members will be elected by the First Peoples' Assembly. This body will ensure that truth telling continues and the voices of First Peoples will continue to be heard in the community, and that the truth of First Peoples and their history can be maintained by First Peoples, for First Peoples.

Further, the Treaty introduces Larbargirrar Gnuurtak Tulkuuk (community answerability), which is a word from the Djab Wurrung language. Larbargirrar Gnuurtak Tulkuuk is established to provide Gellung Warl to be democratically and publicly accountable and answerable to First Peoples and First Peoples organisations in its performance, functions, powers, and duties. Additionally, Larbargirrar Gnuurtak Tulkuuk is established to require Gellung Warl to develop a Community Governance and Answerability Framework, to ensure that Gellung Warl is guided by Aboriginal Lore, Law and Cultural Authority and it promotes the fulfilment of its cultural obligations and responsibilities to First Peoples.

Safeguarding the future of Treaty

Part 17 of the Treaty sets out the procedures for amending the Act, which includes abolishing Gellung Warl, repealing the Act in whole or in part or amending a provision of the Act other than an amendment making editorial changes that does not derogate from the substantive operation of the provision.

Importantly, a member of Parliament who proposes to introduce a Bill which may amend, repeal or abolish any of the substantive parts of this Act, must prepare a consultation statement which must state:

• whether the First Peoples' Assembly and the Treaty Authority were consulted on the proposed Bill;
• whether the member has considered any response of the First Peoples' Assembly or the Treaty Authority in relation to the proposal in the Bill in good faith;
• whether the member has taken all reasonable steps to ensure the Bill gives effect to the principles in sections 22 to 26 of the Advancing the Treaty Process with Aboriginal Victorians Act 2018 with any appropriate modification of those principles; and
• if the First Peoples' Assembly or the Treaty Authority has raised an issue in relation to the proposed Bill, the member's response to any issue raised.

The consultation statement must attach a copy of the response of the First Peoples' Assembly and a copy of the response of the Treaty Authority that was received by the member (if any).

The Statewide Treaty does not:

• amend either the Victorian Constitution or the Australian Constitution;
• create a separate 'third chamber' within the Victorian Parliament; or
• alter tax legislation or grant personal cash 'reparations'.

Gellung Warl will hold no right to block government policy or Acts of Parliament. It will fall under the scrutiny as other independent bodies such as the Victorian Auditor-General's Office, the Independent Broad-based Anti-corruption Commission and the Ombudsman.

Although it will operate at arm's length from government, Gellung Warl remains answerable to Parliamentary supremacy. Its work will neither restrict Parliament's law-making authority nor limit the Victorian Government's capacity to govern on behalf of every Victorian.