ByChelsea Scarlett

Victoria Passes Australia’s First Statewide Treaty Legislation

This past week marks a truly historic moment for Victoria. Parliament has passed the Statewide Treaty Bill 2025 in October, making Victoria the first place in Australia to put a statewide Treaty framework into law with its First Peoples. The Bill now awaits Royal Assent.

This milestone was long in the making. The Victorian Government committed to a Treaty process at the 2022 state election, and this legislation delivers on that promise — turning years of discussion and consultation into lasting change.

What Is Changing?

A New Statutory Authority

The Act establishes Gellung Warl – a Gunaikurnai phrase meaning “tip of the spear” – a new statutory corporation that permanently enshrines the First Peoples’ Assembly of Victoria in law.

Gellung Warl will be the vehicle for statewide treaty processes and will consist of three arms:

  • the Assembly (representative body);
  • a truth-telling body, Nyerna Yoorrook Telkuna; and
  • an accountability and monitoring body, Nginma Ngainga Wara.

This structure ensures that Aboriginal voices are formally recognised in decision-making and that treaty processes have transparent oversight.

Truth-Telling and Cultural Recognition

The legislation embeds truth-telling as a principle across Victoria’s institutions – particularly education.

The Government has committed to embedding truth-telling within the Victorian curriculum, drawing on findings of the Yoorrook Justice Commission, with detailed curriculum changes to follow during implementation.

Further commitments include:

  • renaming places in Indigenous languages;
  • building cultural capability across the public service; and
  • establishing a First Peoples’ Institute to foster leadership and learning.

Accountability and Integrity

To maintain fairness and trust, the Nginma Ngainga Wara body will have powers to investigate and refer matters to independent agencies like IBAC and the Victorian Ombudsman.

These checks and balances will help ensure Treaty processes remain transparent and uphold the highest standards of integrity.

Investment in the Future

Delivering Treaty will be a major, long-term investment in Victoria’s future.

Current estimates suggest the framework will cost around $70 million a year by 2028, with further funding allocated to build the new institutions.

The Bill passed the Legislative Assembly on 16 October 2025 and the Legislative Council on 30 October 2025, marking a strong endorsement of Victoria’s commitment to progress.

A ceremonial Treaty signing between the Victorian Government and the First Peoples’ Assembly will take place at Federation Square on 12 December 2025, following Royal Assent.

Legal & Cultural Significance

This framework is far more than a legal milestone – it is an invitation for all Victorians to move forward together. By embedding treaty processes into law, Victoria is building a foundation for respect, recognition and partnership with First Nations peoples.

For government and organisations, these new obligations will require adapting how we work – but that’s a positive shift. Clearer rules, greater cultural awareness and stronger consultation should lead to better decision-making and more inclusive outcomes.

For the wider community, these reforms represent an opportunity to deepen our shared understanding of Victoria’s history and build fairer, more resilient systems for the future.

What Happens Next?

With the Bill passed and Royal Assent pending, the next steps include:

  • Formal Royal Assent by the Governor;
  • The ceremonial treaty signing on 12 December 2025 at Federation Square;
  • Establishing Gellung Warl and its arms, and appointing leadership;
  • Developing implementation and electoral frameworks; and
  • Public and parliamentary scrutiny of cost, scope, and membership criteria.

The Statewide Treaty Bill 2025 is a milestone in Victoria’s legal and political history – and for Australia as a whole. Backed by an election mandate, it paves the way for embedding treaty processes into law and advancing truth-telling and recognition. It also raises important questions about accountability, cost, identity and the limits of state power.

We will continue to monitor these developments closely and share updates as the treaty framework moves from legislation to practice.

This is general advice only and has not been prepared with your situation and needs in mind. For individual and personalised advice, we highly recommend that you seek out proper professional advice from your lawyer.

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