Victoria on Tuesday became the first Australian jurisdiction to introduce treaty legislation to parliament, setting out a framework for a formal agreement between the state government and the state's Indigenous people and offering a possible model for other states and territories.
Under the proposed framework, an Indigenous representative body would be made permanent and granted decision-making powers on initiatives and services affecting Aboriginal Victorians, while school students would be taught about Aboriginal experiences since colonisation using the official public record of the Yoorrook Justice Commission. The package also includes a mechanism allowing the body to propose name changes for specified geographical features where evidence shows a name is offensive, and agreement in principle to a future parliamentary apology to the state's First Peoples.
The legislation follows about a decade of work building institutions and structures to support treaty negotiations, and comes after 10 months of talks between the Victorian government and the First Peoples' Assembly of Victoria. The deal is expected to cost just over A$300 million from 2020 to 2028, proponents said.
"The Victorian model, if it works and is seen to be effective, could certainly suggest a path forward for other governments across Australia," said Harry Hobbs, an associate professor of law at the University of New South Wales. Hobbs and other legal experts noted that Australia's federal system allows state and territory governments to pursue treaties independently, giving other jurisdictions the opportunity to learn from Victoria's experience.
Supporters hailed the move as historic after a protracted negotiation process. Former Yoorrook commissioner Travis Lovett described the development as historic, while treaty negotiator Nerita Waight called it a turning point in the nation's history. Independent Victorian Senator Lidia Thorpe urged the federal government to establish a national truth-telling body as groundwork for a possible national treaty.
The treaty debate in Australia has been reshaped in recent years. A failed national referendum in 2023 on an Indigenous advisory Voice to Parliament cooled momentum for some processes, and several jurisdictions paused or abandoned treaty efforts. Queensland and the Northern Territory have stepped back from treaty processes, while New South Wales has continued and South Australia has developed a model for a voice to parliament that could lead to treaty discussions, observers said.
Legal experts caution, however, that Victoria's achievement is the product of sustained effort and that other jurisdictions are unlikely to reach the same point quickly. "It's going to take a long time for other jurisdictions to negotiate treaties so I think Victoria is well placed, having done the first, to do the second as well," Hobbs said.
The Victorian legislation, introduced to parliament by the state government, sets out a pathway for negotiations and institutional change but must still pass both houses to become law. If enacted, it would make permanent a representative structure crafted through years of community consultation and formalise powers for that body over certain government initiatives and services.
Australia remains the only Commonwealth country without a treaty with its Indigenous peoples, a fact frequently cited by treaty advocates. Proponents argue state-level treaties can advance recognition, reparative measures and shared decision-making where a federal agreement is not in place. Critics have warned of costs, legal complexity and the potential for overlap with federal responsibilities.
The Victorian bill's supporters say it balances those concerns with safeguards, specifying the representative body's remit and procedures for proposing changes such as place-name reviews. The legislation also embeds education reforms drawn from the Yoorrook Justice Commission's findings, placing the commission's public record at the centre of new school curricula on Aboriginal history and experiences since colonisation.
Parliamentary debate and committee scrutiny are expected in coming weeks. If passed, Victoria's treaty framework could provide a legislative and institutional template other states and territories might adapt, but experts emphasise that replication would require long-term political commitment and extensive local negotiation with Indigenous communities.