Treaty negotiation updates

The Victorian Government and the First Peoples’ Assembly of Victoria have agreed the focus for the first round of Treaty negotiations in Victoria.

This follows close to a decade of preparatory work by the parties, including Australia’s first Treaty legislation passed by the Victorian Parliament in 2018, and the Treaty Authority Act which received bipartisan support in the Victorian Parliament in 2022.

Treaty is about making a better and fairer state for every Victorian. Treaty will achieve practical change, with the initial round of negotiations focusing on securing a foundation for Treaty in Victoria that recognises the relationship between the State and First Peoples.

Key areas will include structural measures to support reconciliation, truth, education and healing between Aboriginal and non-Aboriginal Victorians. The Victorian Government and the First Peoples’ Assembly of Victoria have agreed to discuss the following topics:

• The principles and objectives for Statewide Treaty
• The legal recognition and effect of a Statewide Treaty
• The creation of an ongoing First Peoples’ representative body, including:
  • Evolving the First Peoples’ Assembly into an ongoing representative body
  • Governance and oversight of a representative body
  • The role of a representative body in decision-making relating to Victorian Government programs and services for First Peoples
  • Interaction between a representative body and the Victorian Parliament and Government
• Implementing the accountability mechanism under the National Agreement on Closing the Gap
• Work to support ongoing truth-telling, education, healing and reconciliation in Victoria
• Dispute resolution under a Statewide Treaty
• Processes for negotiating future iterations of a Statewide Treaty

The parties have also agreed to add additional subject matters by agreement as negotiations proceed, and these will also be shared with the public.

The Victorian Government will be represented by senior Department of Premier and Cabinet executives, and appointed Member Negotiators will represent the First Peoples’ Assembly of Victoria.

The First Peoples’ Assembly of Victoria was established in 2018 and has proven to be an effective way for Aboriginal Victorians to have a say as we continue to work together towards reconciliation.

Negotiations are overseen by the independent Treaty Authority according to rules set out in the Treaty Negotiation Framework. Negotiations will resume in January with weekly talks, and parties will release regular Joint Statements to keep Victorians updated.

Recently the Minister for Treaty and First Peoples Natalie Hutchins and the First Peoples’ Assembly Negotiation Delegation held a regional meeting on Gunditjmara country to progress negotiations for Victoria’s first statewide Treaty.

Parties met at a significant site on the beach of Allestree at Portland Bay, known as the Convincing Ground – in reference to a massacre of the Kilcarer Gundidj clan which took place in 1834.

The site is significant for these discussions, with parties discussing how truth and reconciliation will be embedded in outcomes from Treaty discussions. This follows the nation-leading work of Victoria’s Yoorrook Justice Commission.

Topics discussed in negotiations at Allestree included:

• Capturing stories from across the Victorian community of the history and experiences of First Peoples
• Retaining an archive of this information and public education opportunities
• Continuing the truth-telling journey after the conclusion of the Yoorrook Justice Commission.

Negotiations in January and February have focused on how to close the gap in outcomes between Aboriginal and non-Aboriginal people, including a new independent accountability mechanism. States and territories have previously agreed to this under the National Agreement to Close the Gap.

The Government is carrying out an engagement program to inform local government, community and business leaders about the Treaty process in 2024 and 2025. This includes information sessions across Victoria as well as regular updates to the website and Joint Statements.

The Victorian Government is represented by senior Department of Premier and Cabinet executives. The First Peoples’ Assembly of Victoria are represented by appointed Member Negotiators.

Negotiations are overseen by the independent Treaty Authority according to rules set out in the Treaty Negotiation Framework. Negotiations include weekly talks, and the parties are releasing regular Joint Statements to keep Victorians updated.

The Victorian Government and the First Peoples’ Assembly of Victoria have been holding regional meetings to continue negotiations for Victoria’s first statewide Treaty.

Premier Jacinta Allan and Assembly Co-Chairs Rueben Berg and Ngarra Murray attended the opening ceremony prior to negotiations on Dja Dja Wurrung country last Wednesday.

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.

Negotiations have progressed on how an ongoing role for the First Peoples’ Assembly will ensure First Peoples can make decisions on matters that impact their futures and play an ongoing role in truth-telling, including capturing stories from across Victoria and retaining an archive of this information.

The ongoing representative body will be able to advocate for First Nations communities, provide advice, work on building community leadership capability and work with the Victorian Government to close the gap between First Peoples and other Victorians.

Negotiations also emphasised the nation-leading work of the Yoorrook Justice Commission and the importance of ongoing truth-telling across local communities.

Parties discussed the significance of the official public record being created by the Yoorrook Justice Commission, and that this could be a valuable resource for teachers to use when educating students about Victoria’s history.

Treaty is a pathway to acknowledging the past and making real, practical change to achieve better outcomes for Aboriginal Victorians.

Since Treaty negotiations began, more than 700 local government, community and multicultural leaders have been engaged in Treaty Forums across Victoria.

The Victorian Government is represented by senior Department of Premier and Cabinet executives, and appointed Member Negotiators represent the First Peoples’ Assembly of Victoria.

Established in 2018, the First Peoples’ Assembly of Victoria has proven effective in enabling Aboriginal Victorians to represent their communities and negotiate Treaty.

Victoria’s path to Treaty has taken another step forward – towards a better and fairer state for all Victorians.

Later this year, the Victorian Government expects to introduce the Statewide Treaty Bill to Parliament.

Negotiations on Victoria’s Statewide Treaty Bill are focusing on how to evolve the First Peoples’ Assembly of Victoria into an ongoing representative body to provide advice to Government and make decisions over matters that affect First Peoples.

For the last five years, the First People’s Assembly has been the independent, democratically elected body representing First Peoples in the Treaty Process.

Victoria's Statewide Treaty Bill is proposed to give the Assembly decision-making powers to make sure First Peoples’ communities can design and deliver practical solutions for their communities.

The State and the Assembly are negotiating on how to provide for the Assembly to:

• Form the independent accountability mechanism that is required by the National Agreement to Close the Gap and provide concrete solutions and recommendations to improve outcomes for First Peoples
• Make decisions and rules about specific matters that directly impact First Peoples, such as the confirmation of Aboriginality.
• Run an Aboriginal Community Infrastructure Program, the Victorian Aboriginal Honour Roll and important events like NAIDOC week.
• Making certain statutory appointments for designated First Peoples’ seats on government boards and entities, such as First Peoples appointments to the Heritage Council of Victoria.
• Celebrate over 60,000 years of First Peoples’ culture, including by bringing it into the ceremonial life of Victoria.
• Lead ongoing truth-telling, healing and reconciliation across Victorian towns and regions, including capturing stories and retaining an archive of this information to support education of the broader public about our shared history.
• Make representations and provide advice to the Government, including being able to ask questions of Ministers and creating a duty for Ministers and departments to consult with the Assembly on laws and policies that are specifically directed to First Peoples.
• Build on First Peoples’ knowledge and leadership to strengthen self-determination in the Treaty-era.

Treaty is a pathway to acknowledging the past and making real, practical change to achieve better outcomes for First Peoples in Victoria and close the gap.

The Productivity Commission found governments haven’t fully understood the scale of change needed to meet their Closing the Gap commitments. It urged shared decision-making with First Peoples – and praised Victoria’s Treaty process as a leading example.

The proposed body will sit within our existing parliamentary and democratic structures. It will not have veto power on policy or legislation – a power that does not exist under Victoria’s parliamentary system.

Under Victoria’s Statewide Treaty Bill, the proposal is that the First Peoples’ Assembly would be a statutory corporation.

Treaty could also build on the strong community accountability demonstrated by the First Peoples’ Assembly and legislate its ongoing public reporting, election processes, participatory governance and cultural oversight from Elders.

The proposed ongoing body would be subject to oversight bodies including IBAC, VAGO and Ombudsman.

The Victorian Government and the First Peoples’ Assembly recognise the delivery and tabling of the Yoorrook Justice Commission’s final interim report, Yoorrook for Transformation and final report, Truth be Told.

The work of the Commission will have a significant impact on Victoria, helping all Victorians to understand our history by bringing to light the truth of First Peoples since the beginning of colonisation.

These developments in negotiations are the latest on an almost decade-long path that Victoria has been on towards achieving Australia’s first Treaty.

In Treaty negotiations, the Victorian Government is represented by senior Department of Premier and Cabinet executives, and appointed Member Negotiators represent the First Peoples’ Assembly of Victoria.

The Dja Dja Wurrung Traditional Owner Group has become the first Traditional Owner Group to be registered by the Treaty Authority on the Treaty Negotiations Database on 28 May 2025.

Registration is an important first step in the process towards commencing Local Traditional Owner Treaty negotiations in the future between the State and Traditional Owners in Victoria.

The Treaty Authority will continue to act as the independent umpire overseeing Victoria's Treaty process.

The Treaty Authority ensures the process is fair for all negotiating parties, including Traditional Owner groups, according to the rules set out in the Treaty Negotiation Framework. All Traditional Owner groups in Victoria can participate in negotiating local treaties through an open and inclusive process overseen by the Treaty Authority.