The state of Victoria has enacted legislation establishing Australia’s first treaty framework with First Nations peoples. The Statewide Treaty Bill, passed on 30 October, creates a democratically elected body to represent First Nations communities in Victoria and advise the government on laws and policies affecting their rights and interests.
This marks a significant departure from Australia’s historical approach. Unlike other Commonwealth jurisdictions, Australia has never entered treaties with Indigenous peoples. The doctrine of terra nullius, applied from 1788, denied First Nations ownership of their lands and underpinned centuries of dispossession. The new law expressly rejects this doctrine and acknowledges the continuous presence of First Nations peoples in Victoria for at least 60,000 years.
The legislation establishes Gellung Warl as the representative institution intended to give effect to the right to self-determination and to participate in Victoria’s democratic processes. Complementary truth-telling and accountability mechanisms will monitor government compliance with commitments to address persistent inequalities.
The reform follows the 2025 Yoorrook Justice Inquiry, which concluded that the destruction of First Peoples in Victoria amounted to genocide and highlighted ongoing systemic discrimination. Disproportionate imprisonment rates and the high incidence of child removals continue to reflect these structural inequities.
Australia is party to key international instruments affirming the right to self-determination, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. It has also endorsed the United Nations Declaration on the Rights of Indigenous Peoples. UN experts have noted that meaningful protection of Indigenous rights requires transitional justice measures to address historical violations.
Victoria’s treaty framework represents a significant recognition of First Nations rights within the state. Its implementation will place pressure on the federal government to advance national reforms that respond substantively to First Peoples’ claims and address longstanding injustices.