UPDATE: New reports confirm that false claims are spreading about the powers of the First Peoples’ Assembly of Victoria following the passage of the Statewide Treaty Act 2025 on October 30, 2025. Misinformation on social media suggests that this Indigenous body will control government decisions and appointments, but fact-checkers confirm this is FALSE.
The First Peoples’ Assembly will serve as a permanent advisory body to the government, providing non-binding advice on legislation affecting Indigenous communities. Despite claims circulating online, experts assert this assembly does not hold any veto power over government decisions or appointments.
One viral Facebook post claims, “Victoria has passed its undemocratic treaty with Aboriginals that will give a new Indigenous body control over government decisions.” However, authoritative sources, including Lee Godden, an Indigenous law expert at Melbourne University, clarify that the assembly’s role is strictly advisory and does NOT override government decision-making.
Under the Statewide Treaty Act 2025, legislation introduced to parliament must include a “statement of Treaty compatibility,” which outlines whether the assembly was consulted about proposed laws. This requirement aims to enhance communication and consultation with Indigenous communities, but it does not grant the assembly any decision-making power.
Jeremie Bracka, a law academic at RMIT University, emphasizes that even if the assembly is not consulted, the validity of legislation remains intact. “All legislative and executive authority remains with the Victorian parliament and government,” Dr. Bracka stated. He also highlighted that the act’s provisions ensure that the parliament retains full control over its functions.
Moreover, the assembly does not have the authority to veto government appointments. While it can make appointments to its own body and other positions like First Nations roles on the Heritage Council, these powers do not extend to controlling all government appointments.
As misinformation continues to spread, officials urge the public to rely on verified sources for information regarding the treaty legislation. The AAP FactCheck team has confirmed that this legislation is designed to foster collaboration between the government and Indigenous communities, rather than undermining parliamentary authority.
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