Victoria has become the first Australian jurisdiction to pass historic treaty legislation, marking a significant step for Indigenous people. The new laws establish the Gellung Warl, an entity under the state’s First Peoples Assembly, which will have the authority to make decisions on issues directly affecting Indigenous communities. While the legislation has successfully cleared parliament, the initiation of treaty negotiations is not expected until well into next year.
The next steps involve approval from Governor Margaret Gardner, followed by a public signing of the agreement between the government and the First Peoples Assembly at Federation Square on December 12, 2023. According to Natalie Hutchins, Victoria’s Treaty and First Peoples Minister, the earliest possible date for the commencement of negotiations will be after July 2026, when representatives for the Gellung Warl are elected. Hutchins emphasized, “The treaty is going to happen, and quite frankly, other states will be welcome to work with us ongoing to implement that and truth-telling as well.”
Despite the extended timeline, the passage of this legislation serves as inspiration for other states and territories, as noted by the National Native Title Council. Chief Executive Jamie Lowe commented, “Treaty does not undo the hard realities of dispossession. It acknowledges that Victoria was built on stolen land and charts a path forward. This is just the beginning of a new treaty era.”
The journey towards this point has taken over a decade, as no prior similar legislation has been enacted in Australia. According to Harry Hobbs, an associate professor of law at UNSW, “Now other jurisdictions in Australia can look at what Victoria’s done and say, ‘if we go ahead on a treaty process, we can learn from what they’ve done,’ because this is so very significant for the rest of the country.”
The Australian Federation of Islamic Councils has praised the legislation and urged all states, territories, and the federal government to follow Victoria’s example. President Rateb Jneid stated, “Reconciliation cannot be a symbolic gesture; it must be a structural and sustained commitment to justice and equity.”
While the legislation has garnered support, it has also faced criticism. The state opposition, led by the Liberal Party, has expressed skepticism about the treaty’s effectiveness in addressing disparities faced by Indigenous communities. The opposition has pledged to repeal the law within 100 days if it gains power in the upcoming state election.
As Victoria moves forward with this historic treaty legislation, it stands as a pivotal moment not only for Indigenous rights within the state but also as a potential model for reconciliation efforts across Australia.
