In short:
Victoria has passed historic legislation to begin Treaty negotiations with First Peoples, but the lack of public consultation has sparked debate and community division. Questions remain over how representative the process is, especially with only 1% of the population identifying as Aboriginal in Victoria.
First Treaty Law In Australia
Victoria has become the first jurisdiction in Australia to pass legislation enabling the negotiation of a statewide Treaty with Aboriginal communities. The bill passed through Parliament this week and is expected to receive Royal Assent shortly, with a formal ceremonial exchange planned at Federation Square on 12 December 2025.
While the government describes the Treaty Bill as a step toward justice and reconciliation, critics argue the process has lacked broad-based public consultation. Some community members have voiced concerns that the legislation was fast-tracked without fully exploring the diverse views held by Victorians—both Indigenous and non-Indigenous.
The Treaty process, championed by the Victorian Government and the First Peoples’ Assembly of Victoria, has been in development for nearly a decade. However, public understanding and support remain mixed, with many unsure about what a Treaty entails, how it will function, and what long-term legal and financial implications it may have.
The legislation is intended to lay the groundwork for Aboriginal communities to negotiate directly with the State on matters relating to culture, land, and governance. Yet, the absence of a referendum or state-wide vote has raised concerns about democratic oversight.
There are also growing questions around how representative the Treaty process is. According to the 2021 Census, Aboriginal and Torres Strait Islander people make up around 1.0% of Victoria’s population—compared to 3.8%nationally, 5.2% in Queensland, 5.7% in Western Australia, and over 30% in the Northern Territory. Some critics argue that while the voices of First Nations people must be heard and respected, decisions of this scale require broader consultation to avoid further division.
Political tensions around the issue remain high. The Liberal opposition voted against the Bill, citing a lack of transparency and concerns about unintended consequences. The government has responded by accusing the Opposition of turning its back on Aboriginal Victorians.
The legislation’s supporters say it offers a new framework for truth-telling and addressing historical injustices. But detractors warn that its implementation could deepen social divisions if not carefully managed and inclusively designed.
The full impact of the Treaty legislation—both symbolic and practical—remains to be seen.
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