Understanding treaty in Australia: What First Nations people want you to know

First Peoples Assembly Gather In Gardens Of Parliament In Victoria

First Peoples Assembly of Victoria pose for a group portrait, the indigenous body of Victoria negotiating the statewide treaty gather in Legislative Council Chamber of Victoria for their first sitting after elections on July 26, 2023 in Melbourne, Australia. Credit: Tamati Smith/Getty Images

Australia Explained

View Podcast Series

Follow and Subscribe

Download the SBS Audio appAvailable on iOS and Android

Australia is home to the world’s oldest living cultures, yet remains one of the few countries without a national treaty recognising its First Peoples. This means there has never been a broad agreement about sharing the land, resources, or decision-making power - a gap many see as unfinished business. Find out what treaty really means — how it differs from land rights and native title, and why it matters.

Key Points

A treaty is a formal agreement between governments and Aboriginal and Torres Strait Islander peoples
Many First Nations people see treaty as a step toward justice, respect, and better relationships in the future.
A national treaty would create a single, country-wide agreement for recognising Aboriginal and Torres Strait Islander rights across Australia.

What is the difference between Aboriginal land rights, native title and treaty?
What does a treaty mean in Australia?
Why does a treaty matter?
What might a treaty include?
What’s next for treaty in Australia?

A treaty is a formal agreement between governments and Aboriginal and Torres Strait Islander peoples. A treaty would set out how they can work together, recognise First Nations rights and history, and create a plan for the future.

Understanding treaty is a powerful way to connect with Australia’s story. It’s not just about laws and politics, but about respect, truth, and building a more just society for everyone who calls this country home.

What is the difference between Aboriginal land rights, native title and treaty?

Although often discussed together, these terms mean different things:

Land rights: Laws created by governments that return certain areas of Crown land to Aboriginal and Torres Strait Islander peoples, usually managed by land councils. 
Native title: Legal recognition that some First Nations people still hold rights to their land and waters under their traditional laws and customs. 
Treaty: A formal agreement between governments and First Nations peoples.

Together, these approaches aim to deliver justice, recognition, and self-determination for First Nations peoples.

Australians Observe Australia Day Holiday

Protesters march from Parliament House to Flinders Street Station during the Treaty Before Voice Invasion Day Protest on January 26, 2023, in Melbourne, Australia. (Photo by Alexi J. Rosenfeld/Getty Images) Credit: Alexi J. Rosenfeld/Getty Images

What does a treaty mean in Australia?

A treaty is a legally binding agreement between two groups. In countries like New Zealand, governments and Maori signed the Treaty of Waitangi. In Canada, there are many treaties with First Nations peoples.

Unlike other countries, Australia did not make a national treaty with its First Nations peoples at the time of British colonisation. When the British first settled on Aboriginal land, they declared it ‘terra nullius’, meaning land belonging to no one. So, they did not see the need for negotiating with Aboriginal nations. Because there was never a treaty, there has never been a broad agreement about sharing the land, resources, or decision-making power - a gap many see as unfinished business.

For many First Nations people, this “unfinished business” is why treaty remains such a big topic of conversation today.

Centuries in the making: Could Australia see its first Indigenous Treaty by next year?

Treaty talks here are about recognising that history, upholding rights, and making sure First Nations communities have a real voice in decisions. Legal expert Dr Harry Hobbs puts it:

“Ideally, treaties would be negotiated between Aboriginal and Torres Strait Islander communities on one side, and state and federal governments, that’s because the Australian constitution divides powers between the federal parliament and state parliaments.”

Aboriginal and Torres Strait Islander peoples want to ensure a shared future, strengthening success for everyone and acknowledging and celebrating First Nations culture of today's Australia. Ultimately treaty in Australia means talking honestly about what happened in the past, and setting a new direction for the future.

A man and two women standing near each other and smiling, in front of a wall that has a mural of people marching with signs displaying First Nations messages.

(from left to right) Former Queensland Truth-Telling and Healing Inquiry chairperson Joshua Creamer, NSW Treaty Commissioner Naomi Moran and co-chair of the First Peoples' Assembly of Victoria Ngarra Murray. Credit: NITV / The Point

Why does a treaty matter?

Many First Nations people see treaty as a step toward justice, respect, and better relationships in the future.

Reuben Berg, a Gunditjmara man and leader in Victoria’s treaty processes, says, "I think treaty's so key, it's about resetting the relationship between First peoples and the government, whether that's at a state-wide level or a commonwealth level."

Treaty matters because it can:

Recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia.
Enable truth-telling about Australia’s history.
Build real partnerships on issues such as land, health, education, economic development and culture.

Wirdi man and Barrister Tony McAvoy puts it, "when we are able to control our own lives, and make decisions for ourselves and provide services for ourselves, we are at our healthiest and strongest, and most spiritually well and culturally. If you accept that that's one of the consequences of the treaty, that's got to be good for the rest of the country."

What might a treaty include?

Treaties can take many forms and cover a range of issues, they may include:

Recognising sovereignty and the right of First Nations peoples to make decisions about their communities.
Agreements about the use, management, and protection of land, water and resources.
Commitments to revitalise and protect languages, cultural sites and traditions.
Funding and support for health, education, housing and other programs.

Gunnai, Gunditjmara and Djab Wurring woman and Senator for Victoria, Lidia Thorpe, believes that local communities should take the lead in the process.

I think that we need to have clans and nations represented at the local government level. It is those local communities where we can make real change.
Senator Lidia Thorpe

Independent Senator Lidia Thorpe during Question Time in the Senate chamber at Parliament House in Canberra. Source: AAP / MICK TSIKAS/AAPIMAGE

What’s next for treaty in Australia?

Across Australia, treaty progress is moving at different speeds. Some states, such as Victoria and Queensland, have begun steps towards their own treaties, while others, like New South Wales, are currently in consultations about what a treaty could look like for them. Each process is guided by local needs and might look different across the country.

Right now, Victoria is leading the nation. In September 2025, the Victorian Government and the First People’s Assembly of Victoria reached an in-principle agreement on Australia’s first full statewide treaty, the result of years of negotiation and community consultation. Victoria’s treaty process is widely recognised as a leading example for the rest of Australia.

It's important to know that a national treaty and state-based treaties are different.

A national treaty would create a single, country-wide agreement for recognising Aboriginal and Torres Strait Islander rights across Australia. State and territory treaties are tailored to each area, focusing on local priorities and needs. Many advocates believe both a national and state-based treaties are needed, working together to drive real change.

Treaty is not just a First Nations issue, it’s about recognition, respect, and fairness for everyone. Having a treaty helps build a future where every voice and experience is valued.

The next chapters of treaty will continue to be written by local communities, governments, and all those who want to share in the future of Australia. Understanding the treaty process is a way for everyone to connect more deeply to this country’s history and to help shape a fairer future together.

This episode contains excerpts from the TV program: Living Black – The Case for a Treaty which was first aired in July 2025. You can watch the full episode on SBS On Demand.

Stream free On Demand

The Case For A Treaty

episode • Living Black •
News And Current Affairs •
34m

Understand Aboriginal land rights in Australia

Australia’s Indigenous education gap and the way forward

Who are the Stolen Generations?

Subscribe to or follow the Australia Explained podcast for more valuable information and tips about settling into your new life in Australia.   

Do you have any questions or topic ideas? Send us an email to australiaexplained@sbs.com.au 

Transcript

spk_0

SBS acknowledges the Traditional Custodians of Country and their connections and continuous care for the skies, lands and waterways across Australia.

spk_1

You're listening to Australia Explained, an SBS audio podcast helping you navigate life in Australia.

spk_2

Hi there, I'm Kerri-Lee Barry, Indigenous lLead of NITV Radio. I'll be your host for this special episode of Australia Explained. As a migrant to Australia, you are likely well aware of the need to understand and respect the culture and customs of a new country. Australia is home to Aboriginal and Torres Strait Islander peoples who have the world's oldest,

spk_2

Continuing cultures. But unlike in some other countries, Australia doesn't have a national treaty that recognizes its First Nations peoples or their rights. This episode of Australia Explained will explain what a treaty is, why it matters to many Aboriginal and Torres Strait Islander people, and what's happening around Australia right now.

spk_2

A treaty is a legally binding agreement that is negotiated between different groups or parties, for example, Aboriginal and Torres Strait Islander people and the Australian government. When the British first settled on Aboriginal land, they declared it terra nullius, meaning land belonging to no one, so they did not see the need for negotiating with Aboriginal nations. Many Indigenous Australians call this unfinished business. Treaties are built on the recognition of sovereignty.

spk_2

However, treaties can take many forms and cover a range of issues. They may include agreements around sharing land, resources, and governing together. Unlike countries such as the United States, Canada, and New Zealand, Australia has never had a treaty with its First Nations peoples. From an indigenous perspective, treaty means recognizing what happened in the past, protecting rights and making sure.

spk_2

And Torres Strait Islander communities have a real voice in decisions that affect them. Legal expert Dr. Harry Hobbs explains.

spk_3

Ideally treaties would be negotiated between Aboriginal and Torres Islander communities on one side and state and federal governments. That's because the Australian Constitution divides powers between the federal parliament and the state parliments.

spk_2

As there are several 100 separate Aboriginal peoples in Australia, each with distinct languages and territory itt follows that negotiation can be complex.

spk_2

There are also a variety of perspectives on what should be prioritized. So why does treaty matter? Many Aboriginal and Torres Strait Islander people believe a treaty is a step toward justice and respect. Gunditjmara man and treaty leader Reuben Berg says,

spk_4

I think treaty is so key. It's about resetting the relationship between first peoples and the government, whether that's at a statewide level or a Commonwealth level.

spk_2

Supporters of treaty say it could make a real difference in many ways. They believe it could formally recognize Aboriginal and Torres Strait Islander peoples as the first peoples of Australia and create space for truth telling about the country's history and colonization. A treaty could also help build fair partnerships between governments and communities on important areas like land, water, health, education, housing, jobs, and economic development.

spk_2

Many First Nations people also see treaty as a way to protect and strengthen languages, cultures, and sacred places, helping to keep those traditions alive for future generations. Worthy man and barrister Tony McEvoy explains.

spk_5

When we are able to control our own lives and make decisions for ourselves and provide services to ourselves, we are at our healthiest and strongest.

spk_5

Most spiritually, well, and culturally, if you accept that that's one of the consequences of the treaty, that's got to be good for the rest of the country.

spk_2

Senator Lidia Thorpe, a Gunnai, Gunditjmara and Djab Wurrung woman, has been an outspoken advocate for treaty. She believes that local communities should take the lead in the process.

spk_6

I think that, you know, we need to have clans and nations represented at the local government level.

spk_6

It is those local communities where we can make real change.

spk_2

So what is happening around Australia in regard to treaty? In Victoria the treaty process is well underway with a statewide agreement expected in 2025. Through an elected group called the First People's Assembly of Victoria. Indigenous Australians will have a permanent voice in shaping laws and policies about issues that relate to them.

spk_2

Elsewhere in Queensland, New South Wales, South Australia, and the Northern Territory, progress is at different stages. Some governments are holding community consultations while others are still planning their next steps. A national treaty would create one agreement for all of Australia, while state and territory treaties focus on local priorities and the needs of each community. Many indigenous advocates believe Australia needs both national and state-based treaties.

spk_2

To make real long lasting change because each community has its own history and needs, every treaty would look a little different. Therefore, beyond its legal meaning, treaty is also about relationships, how Australians, both indigenous and non-Indigenous, choose to live and work together. For many it's seen as a step toward a fairer and more united country where every story and community has a place.

spk_2

Thank you for listening to this episode of Australia Explained, written and produced by Nikaya Hutchings. This episode contains audio excerpts from the TV program Living Black, The Case for a Treaty, which was first aired in July 2025. You can watch the full episode on SBS on demand, and I'm Kerri-Lee Barry. Until next time.

spk_1

This was an SBS audio podcast. For more Australia explained stories, visit sbs.com.au/australiaexplained.

spk_7

Subscribe or follow the Australia Explained podcast for more valuable information and tips about settling into your new life in Australia. Do you have any questions or topic ideas? Send us an email to australiaexplained@sbs.com.au.

END OF TRANSCRIPT