First People’s Assembly of Victoria Paves the Way for Statewide Treaty

In September 2025, the Victorian Government and the First People’s Assembly of Victoria reached an in-principle agreement on Australia’s first statewide Treaty with First Nations.[1] This milestone led to the introduction of the Statewide Treaty Bill 2025 (Vic) (the Bill) in the Victorian Parliament.

The Bill was developed through negotiations with the First Peoples’ Assembly of Victoria, the authorised Representative Body under the Treaty Negotiation Framework. That framework was established in accordance with the Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic).[2]

What does the Statewide Treaty Bill do?

The Bill is intended to recognise and restore the inherent rights of First Peoples in Victoria.[3] It establishes a new body, Gellung Warl,[4] which replaces the First People’s Assembly in leading treaty negotiations with the State of Victoria.[5]

Gellung Warl is made up of three key elements:[6]

  • First People’s Assembly – the central decision-making arm of Gellung Warl.[7]
  • Nginma Ngainga Wara – responsible for monitoring government performance and recommending practical measures to improve outcomes for First Peoples.[8]
  • Nyerna Yoorrook Telkuna – established to facilitate truth-telling.[9]

Under the Bill, treaty negotiations must be conducted in good faith.[10] Importantly, treaty negotiations are separate from native title and do not affect native title rights.[11]

The Bill also empowers the First People’s Assembly to advise the Victorian Government and service providers on matters affecting First Peoples.[12] Further, it introduces Larbargirrar gnuurtak tulkuuk (community answerability),[13] supported by a community engagement charter[14] and a robust complaints process.[15]

What does this mean for First Nations in Victoria?

The Statewide Treaty is one of two types of Treaty arrangements available in Victoria:

  1. Statewide Treaty – established under the Bill.
  2. Traditional Owner Treaties – negotiated directly between Traditional Owner groups and the State of Victoria.[16]

Traditional Owner Treaties are expected to address priorities and aspirations specific to Traditional Owners’ Country.[17] The Treaty Authority oversees these negotiations, while the Self-Determination Fund ensures First Peoples can negotiate on an equal footing with the State.[18]

Under the Treaty Negotiation Framework, there can only be one Traditional Owner Treaty covering any particular area in Victoria, negotiated through a Traditional Owner Treaty Delegation.[19]

Broader implications

Although the Bill and the Traditional Owner Treaty process apply only in Victoria, the processes may provide a model for other First Nations communities across Australia. The processes established—such as structured negotiations, internal decision-making, and community engagement—could assist First Nations in other jurisdictions in developing their own agreement-making pathways.

This commentary is general in nature and does not constitute legal advice. If you would like tailored advice about how the Bill or related processes may apply to you or your organisation, please contact us.

[1] See Joint Statement, ‘NEGOTIATIONS FINALISED FOR VICTORIA’S TREATY’, Hon Jacinta Allan MP Premier, Hon Natalie Hutchins MP Minister for Treaty and First Peoples,  Ngarra Murray Co-Chair of the First Peoples’ Assembly of Victoria,  Rueben Berg Co-Chair of the First Peoples’ Assembly of Victoria, 9 September 2025.

[2] Statewide Treaty Bill 2025 (Vic) Preamble.

[3] Explanatory Memorandum, Statewide Treaty Bill 2025 (Vic).

[4] Statewide Treaty Bill 2025 (Vic) Part 2.

[5] Explanatory Memorandum Statewide Treaty Bill 2025 (Vic), Statewide Treaty Bill 2025 (Vic) cl 1.

[6] Statewide Treaty Bill 2025 (Vic) cl 10.

[7] Statewide Treaty Bill 2025 (Vic) Part 3.

[8] Statewide Treaty Bill 2025 (Vic) cl 93.

[9] Statewide Treaty Bill 2025 (Vic) cl 119.

[10] Statewide Treaty Bill 2025 (Vic) cl 6.

[11] Statewide Treaty Bill 2025 (Vic) cl 5.

[12] Statewide Treaty Bill 2025 (Vic) Part 8.

[13] Statewide Treaty Bill 2025 (Vic) Part 14.

[14] Statewide Treaty Bill 2025 (Vic) cl 162.

[15] Statewide Treaty Bill 2025 (Vic) Part 15.

[16] See Treaty Authority, ‘Historic Statewide Treaty lays the foundations for long-term reform’, 9 September 2025.

[17] See First People’s Assembly of Victoria and the State of Victoria, ‘Treaty Negotiation Framework’, 20 October 2022.

[18] See, First Nations Legal and Research Services, ’Formal recognition in Victoria’, available at https://www.fnlrs.com.au/formal-recognition-in-victoria/#traditional accessed on 23 September 2025.

[19] Above n 17.