2025-08-27
the journey to treaty in victoria
By Ellen Sandell, Leader of the Victorian Greens
It’s been a historic few months for First Nations Justice here in so-called Victoria.
After four years, hundreds of witnesses and thousands of submissions, the first-ever formal truth-telling inquiry and Royal Commission, the Yoorrook Justice Commission, came to an end in June this year.
Yoorrook handed over its final recommendations in ‘Yoorrook for Transformation’ and official public record to both the Government and the First Peoples' Assembly of Victoria.
And this week, the first Statewide Treaty was agreed and ratified by the First Peoples Assembly and the state of Victoria - and will soon be introduced into Victorian Parliament.
This is an historic moment for self-determination and a testament to the leadership and expertise of First Nations communities. It is the first Treaty in Australia. We hope it serves as a model and inspiration for other states and territories - and the Federal Government - to enter into Treaties of their own.
The Treaty Bill is just the first Treaty in Victoria - there will be more Treaties to come. This first Treaty will ensure that the First People’s Assembly becomes a permanent body as part of a new First Nations body called Gellung Warl (Gunditjmara language).
This body will have new responsibilities - some of which currently sit with the State - including Aboriginal place-naming, delivering a new First Peoples infrastructure fund, delivering events such as NAIDOC Week, making guidelines for the trading of First Peoples water entitlements, and supporting the delivery of truth-telling education in schools. It will also have the power to question Ministers and the Premier directly over commitments such as Closing the Gap, and will be consulted on legislation that comes before Parliament.
Negotiations between the First People’s Assembly and the state government will build on this first Treaty, for future Treaties. Traditional Owner groups will also have the ability to negotiate their own, local Treaties with the state government.
Our Greens MPs will be supporting this historic Treaty Bill - I’m so incredibly proud and humbled to be in Parliament for this historic moment. But how did we get here?
The journey to Treaty
The journey to Treaty has been a very long time coming. Ever since colonisation, First Nations leaders have been fighting for Treaty.
The latest part of the journey here in Victoria began 10 years ago with the passage of several pieces of legislation to set up the foundations for Treaty - including setting up the democratically-elected First Peoples Assembly, the Treaty Authority (the ‘independent umpire’ to oversee and resource Treaty negotiations to ensure they were conducted on a level playing field and in a culturally appropriate way) and the Yoorook Justice Commission, our Truth-telling Royal Commission, which lasted for four years.
These three bodies have done an absolute power of work to bring mob together to discuss and negotiate Treaty and build a huge amount of support across the state.
The importance of delivering Truth in this journey cannot be overstated. Yoorrook’s work was often devastating, but vital – meeting with First Peoples, creating a public record of the history of colonisation, and delivering recommendations to tackle its enduring harms.
To mark the formal conclusion of Yoorrook’s formal role, Deputy Chair Commissioner Travis Lovett walked over 400 kilometres for a ‘Walk for Truth’. He started where colonisation began on Gunditjmara Country, in Portland, and finished June 18th at the State Parliament – where change must happen.
It was a privilege to join Commissioner Lovett for the Werribee-to-Yarraville leg of this journey, along with a contingent of fellow Victorian Greens MPs, councillors, members and friends.
Since the start of Treaty negotiations, the Victorian Greens have also been privileged to campaign for Truth, Treaty and Justice along with the First Peoples’ Assembly through a series of public forums.
These have been remarkable events to learn from the Assembly directly and share information on all aspects of this historic journey. Greens MPs held events in Melbourne, Brunswick and Glenroy, the last one coinciding with NAIDOC Week.
Holding Government to Account
It hasn’t all been smooth-sailing. Whilst Yoorook and the First Peoples Assembly have been doing their incredible work, several of Yoorook’s recommendations to Government have been rejected by the Victorian Labor Government - and the Greens have been raising the alarm over this disrespect.
We were disgusted to see Labor flat-out reject three of Yoorook’s recommendations in their 2023 interim report, ‘Yoorrook for Justice’ – the culmination of Yoorrook's year-long inquiry into Victoria's child protection and criminal justice systems.
The Labor Government rejected raising the age of criminal responsibility to 14 years, creating a presumption of bail for all but the most serious offences, and embedding Aboriginal cultural rights in Victoria’s human rights charter.
In fact, almost two years after receiving Yoorook’s report, Labor has officially accepted less than 15 per cent of all 46 recommendations. While some of these recommendations had to wait and be delivered as part of the Treaty process, many others could and should have been accepted.
Not only did Labor reject three reforms outright, but Premier Jacinta Allan gave into News Corp’s latest fear campaign and cracked down even harder on bail rights – requiring stricter tests for children and adults already on bail, and undoing reforms made less than a year ago following the death in custody of First Nations woman Veronica Nelson.
Victorian Labor’s bail laws have already led to a sharp and disturbing increase in First Nations people, particularly women, in our justice system being held on remand, exposing them to increased risks of harm and deaths in custody.
The evidence is clear: granting bail saves lives. The Victorian Greens joined with Aboriginal community-controlled organisations, community services, and family violence and legal sector groups in vehemently rejecting Premier Allan’s knee-jerk changes, which do nothing to improve community safety but will mean more First Nations kids in prison.
Our challenge now will be to push Labor to accept Yoorrook’s final recommendations, and not shirk the historic opportunity that Treaty offers all Victorians.
What next?
The Treaty Bill will come before Victorian Parliament in the coming weeks. The Greens will support the Bill.
Unfortunately the Liberals and Nationals have indicated they do not support Treaty - but we continue to call on them to come back to the table and deliver tripartisan support for this historic agreement. We expect, with the support of the Greens in balance of power in the Upper House, the Bill will pass before the end of the year.
I know that there are so many people across Victoria that want a better future for everyone – walking, learning, and making positive change together.
That is what Truth, Treaty and Justice is all about. I cannot wait to stand on the banks of the Birrarung at the ceremonial signing later this year, with my kids, and show them what it means to walk together with First Nations people towards a better future.
Treaty, after decades of leadership and guidance from First Nations people, will help us all learn and deepen our understanding and connection to this place we all call home. And I am incredibly proud to support it.