How the Treaty is set to change Victoria
Victoria has become the first state to pass Treaty legislation with Indigenous Australians, establishing a powerful new advisory body with a $70m annual budget. Here’s how it’s set to change our state.
The Victorian Labor government has become the first state to pass legislation enabling a Treaty with Indigenous Australians.
The landmark Statewide Treaty Bill passed parliament's upper house this week, making way for Indigenous “truth-telling” to be embedded into the school curriculum, the renaming of some geographical features, and establishing an Indigenous body with far-reaching powers over government departments and agencies and their policies. Here are some questions you might want answered.
What does the legislation do?
The Treaty covers an array of subjects, but the headline item is the establishment of Gellung Warl, an advisory body for Indigenous policy and laws, which will be crucial in representing Indigenous Victorians.
The body will have an annual budget of more than $70m and 33 representatives who are voted in by Indigenous voters.
Once established, this group will offer guidance to government, department, and agencies on laws and policies on all Indigenous matters.
But elements of body will be exempt from Freedom of Information laws and covered by certain privileges similar to cabinet-in-confidence. Much like other statutory bodies it will also be exempt from land tax.
Additionally, the group will co-design new Indigenous “truth-telling” education to be inserted into the Victorian curriculum for students from prep to year 10, based on the findings of the Yoorook Justice Commission.
The body will also dictate how government departments and agencies must consult on programs and policies related to Indigenous people and culture.
It will have a direct line to ministers and the police commissioner.
Additionally, Gellung Warl will oversee the Aboriginal community Infrastructure Fund and the Victorian Aboriginal Honour Roll, and act as the “naming authority” for geographical features in Victoria, which will include the potential renaming of parks, waterways, and significant state-controlled areas to reflect Indigenous culture.
Will it impact you?
The new body is being created to advise on policies and laws impacting Indigenous peoples across portfolios from health, education and law and order.
But this will have a flow on effect to the broader public.
One specific part of the deal includes the push to teach Indigenous history, specifically about the negative impacts of colonisation, in schools.
The public sector will also undergo retraining to be more culturally capable, with Gellung Warl designing programs and training guidelines.
Geographic locations across the state will also be renamed, and the new body may advise on further restrictions in national parks and other key locations.
Furthermore, First Peoples’ representatives will be appointed to designated seats, such as the Heritage Council of Victoria, which could see changes in policies around development.
Will there be more surprises?
The Allan government maintains the Treaty legislation is straightforward, but the devil will be in the details of how the legislation is applied.
The state government has publicly stated it has the final authority and can reject any proposed law changes.
However, the agreement’s powers and its funding arrangements will be reviewed every four years, which could see changes implemented in terms of powers without new legislation being passed.
The statewide agreement also paves the way for negotiating individual agreements between the state and specific Indigenous groups, a process that will be facilitated by the newly established, powerful entity. However, the specifics of what will be in these deals remain unclear, including whether they will include reparations.
The government has not explicitly ruled out tax relief or financial compensation for the groups.
The measure was recommended by the Yoorook Justice Commission earlier this year.
What impact will Aboriginal lore have?
An entire section of the legislation is dedicated to Aboriginal lore.
According to the document, Gellung Warl will “draw from Aboriginal Lore, Law, and Cultural Authority when making and implementing collective decisions.”
Aboriginal lore can relate to anything from traditional Dreamtime stories to rules for acceptable and unacceptable social behaviour, and even murder.
The Treaty agreement states that “Gellung Warl may identify ways in which Aboriginal Lore, Law, and Cultural Authority, including governance systems, kinship structures, cultural protocols, and obligations, can be given effect to through this Statewide Treaty and further Treaties.”
This addition in the Bill creates a grey area in the new law, raising questions about just how much reach the new body will have — especially in relation to justice policy.
What happens now?
The state will now dissolve the current First People’s Assembly and progress with an election to choose the 33 members of the new body, which will be elected by enrolled Indigenous voters.
The new Gellung Warl body is expected to be up and running by July 2026.
