Australia is poised to make history this November as the state of Victoria prepares to sign the nation’s first-ever treaty with its Indigenous peoples, a move that supporters hail as a long-overdue step toward justice, recognition, and self-governance for First Nations communities. The treaty, which will be formalized in Victoria later this month, promises to give Aboriginal and Torres Strait Islander peoples a formal voice in the laws and policies that shape their lives—a development that has ignited both hope and heated debate across the country.
According to NPR, this landmark agreement will, for the first time in Australian history, provide a legally binding framework between government and Indigenous communities. While land rights and native title laws have previously acknowledged some Indigenous claims to their ancestral lands, the treaty goes further, aiming to address broader issues of justice, respect, and genuine self-determination. As explained in a recent SBS Australia Explained podcast, many First Nations people see the treaty as a powerful way to confront Australia’s colonial past and build a more honest, inclusive future.
But what exactly is a treaty in the Australian context? As SBS details, a treaty is a formal, legally enforceable agreement between governments and Aboriginal and Torres Strait Islander peoples. Unlike land rights legislation—which returns certain lands to Indigenous management—or native title, which recognizes traditional ownership based on longstanding custom, the treaty is designed to recognize the rights of First Nations peoples as Australia’s original inhabitants. It’s about more than legalities; it’s about acknowledging history, fostering respect, and ensuring Indigenous voices are heard in the corridors of power.
Dr. Harry Hobbs, a legal expert cited by SBS, explains, “The purpose of treaty negotiations is to acknowledge the past, protect rights, and ensure First Nations communities have a real say in governance.” He notes that treaties in countries like New Zealand and Canada have provided a model for Australia, which, until now, has lagged behind in formal recognition of its Indigenous peoples.
Victoria’s treaty process has been years in the making. The state established the First Peoples’ Assembly of Victoria to represent Indigenous interests and negotiate with the government. This Assembly, as SBS reports, is intended to give Aboriginal and Torres Strait Islander peoples a formal, structured voice in legislation and policy. The treaty will also create a new elected body called Gellung Warl, which is set to play a key role in overseeing the implementation of treaty provisions.
For many advocates, the treaty is about more than symbolism. Reuben Berg, a Gunditjmara man and prominent supporter, told SBS, “I believe the treaty is important; it’s a way to repair the relationship between Indigenous people and the government, whether at the state or national level.” Supporters argue that the treaty could usher in real change—such as formal recognition of Aboriginal and Torres Strait Islander peoples as the nation’s first inhabitants, an honest reckoning with the country’s colonial history, and more equitable partnerships in areas like land, water, health, education, housing, employment, and economic development.
“When we have the power to govern ourselves, make our own decisions, and deliver services to our communities, we become healthier, stronger, and more confident both spiritually and culturally. If the treaty achieves that, it’s good for the whole country,” said Tony McAvoy, a Wirdi man and lawyer, as quoted by SBS.
Yet, the treaty process is not without its critics—and the debate has become particularly fierce in Victoria. On November 2, 2025, Indigenous leader Warren Mundine accused Premier Jacinta Allan’s government of using the treaty to distract from what he described as a "rampant crime crisis" in the state. According to Sky News Australia, Mundine argued, “It’s a treaty that no one really wanted.” He pointed to low participation rates in the First Peoples’ Assembly elections—only about 7% of eligible voters took part, with some Assembly members winning seats with fewer than 40 votes. “So you haven’t got Aboriginal support. You haven’t got the wider Victorian people’s support, and it’s going to cost a fortune,” Mundine said.
Mundine, who has long been a vocal figure in Indigenous affairs, further claimed that the treaty creates a “powerful third chamber” in Victorian government, which he warned could “override” the rights of other Victorians. He also accused the government of failing to clearly define the powers of the new treaty body and suggested its influence would "evolve" over time—raising concerns about democratic accountability and transparency. “This is one of the reasons why the referendum was defeated and this is why Aboriginals were not voting for it in the first place. It is because they get two votes,” Mundine told Sky News Australia, referencing the national Voice to Parliament referendum, which was rejected by a majority of Australians—including Victorians—two years prior.
Indeed, a recent survey by the Institute of Public Affairs found that more than 60% of Victorians either oppose or are undecided about the treaty. Critics argue that the process lacks legitimacy and broad support, both within Indigenous communities and the wider public. Mundine’s concerns are echoed by some who fear the treaty will be costly, divisive, or ineffective in delivering tangible improvements for First Nations people. “For more than 50 years, we’ve been doing these type of things across Australia, and nothing has changed for Indigenous people,” Mundine said.
Despite these criticisms, many Indigenous advocates maintain that both national and state-level treaties are essential for lasting change. As SBS explains, while a national treaty would recognize the rights of Aboriginal and Torres Strait Islander peoples across all of Australia, state treaties like Victoria’s can address the unique needs and histories of local communities. Other states—including Queensland, New South Wales, South Australia, and the Northern Territory—are at various stages of exploring their own treaty processes, with some conducting community consultations and others still in the planning phase.
For supporters, the treaty is about forging a new relationship between Indigenous and non-Indigenous Australians—one based on truth-telling, mutual respect, and a shared vision for the future. Senator Lidia Thorpe, a longtime treaty advocate, believes that local communities must lead the process for real change to occur. “I think the clans and nations should be represented at the local government level. That’s where real change can happen,” Thorpe told SBS.
As Victoria prepares to sign the treaty this month, the nation will be watching closely. For some, it’s a moment of hope and progress; for others, a source of controversy and concern. But one thing is clear: the conversation about Australia’s relationship with its First Peoples is entering a new and potentially transformative chapter.
Whatever the outcome, the signing of Australia’s first Indigenous treaty is set to leave a lasting mark on the nation’s history—and on the ongoing pursuit of justice, recognition, and reconciliation.
