Victoria has taken another major step towards becoming the first Australian state to establish a Treaty with First Peoples, after the Statewide Treaty Bill passed the lower house of Parliament this week.
Backed by Labor and Greens MPs, the bill sets the framework for negotiating a statewide Treaty between the Victorian Government and Traditional Owners.
However, Opposition MPs voted against the legislation, pledging to repeal it if elected in 2026.
The Victorian Aboriginal Legal Service (VALS) has strongly criticised the Opposition’s stance, calling the proposal to replace the Treaty process with a new advisory body “insulting” and “ill-informed".
VALS Chief Executive Officer Nerita Waight said it was disheartening to hear the Opposition’s plan announced in Parliament.
“It was incredibly insulting to hear the Opposition’s plan to repeal the treaty legislation and instead establish an advisory body,” she said.
“This is not what Aboriginal people want - they have not consulted with us. It shows exactly why Treaty is needed.”
The Opposition’s alternative model would create a new advisory body within a renamed 'First Peoples-State Relations' department, guiding Aboriginal affairs policy.
VALS said the plan simply repeats past approaches that have failed to improve outcomes for communities.
Waight said repeated requests to meet with Opposition Leader Brad Battin had gone unanswered.
“We have tried to build a respectful relationship with the Opposition, but clearly, they have no interest in hearing from Aboriginal people about what works for our communities,” she said.
“I will not be spoken for anymore.”
VALS Chairperson Associate Professor Crystal McKinnon described the Opposition’s plan as a “step backwards.”
“Calls for Treaty have echoed for generations - the Opposition’s disregard for that is offensive and shows the colonial project continues,” she said.
Treaty is future-focused.
"It provides accountability and the chance to address systemic injustices like over-policing, racial discrimination, and the removal of Aboriginal children from their families.”
Meanwhile, the First Peoples’ Assembly of Victoria - the independent body representing Traditional Owners - welcomed the Bill’s passage through the lower house.
Co-Chair Ngarra Murray, a Wamba Wamba, Yorta Yorta, Dja Dja Wurrung and Dhudhuroa woman, said the milestone reflected years of hard work.
“This is a big moment for our people - legislation for Australia’s first Treaty with First Peoples has now passed a house of Parliament,” she said.
“When Aboriginal people can use our local knowledge to design and deliver solutions, we get better outcomes. That’s something everyone should be able to support.”
Assembly Co-Chair and Gunditjmara man Rueben Berg urged Liberal and National MPs to reconsider their position when the Bill moves to the upper house later this month.
“We’ve been walking this journey to Treaty for a decade now - and for much of that time, the Opposition walked with us,” he said.
“It’s not too late to walk with us again.”
The Bill is expected to be debated in the upper house from October 28.
Premier Jacinta Allan also confirmed this week that Minister for Treaty and First Peoples Natalie Hutchins will step down from Cabinet in December and not seek re-election.
Murray thanked Hutchins for her decade-long contribution to advancing Treaty in Victoria.
“Minister Hutchins began this journey with us ten years ago and will soon see the first Treaty in Australia come to life,” she said.
“We’re deeply grateful for her longstanding commitment to First Peoples.”
If passed in the upper house, the Statewide Treaty Bill will establish new powers for the First Peoples’ Assembly to negotiate directly with the state - setting a national precedent for self-determination and truth-telling.
