Victoria has passed landmark legislation to establish the first treaty with Aboriginal and Torres Strait Islander peoples in Australia. This treaty aims to address disparities between Indigenous and non-Indigenous Australians. The legislation, approved by the state’s Parliament on Tuesday, creates the First Peoples' Assembly, now known as Gellung Warl, as a permanent authority.

First Nations leaders view this treaty as a significant step toward closing the gap in health, education, and justice outcomes for Indigenous Australians. Thomas Mayo, an Indigenous author and former Yes campaigner, expressed his deep respect for those involved in the treaty process. He stated, "It's the result of a lot of hard work that sets up the foundation for treaty and measures that will ultimately close the gap."

Indigenous Australians face numerous challenges, including shorter life expectancies, higher suicide rates, and overrepresentation in the prison system. Mayo emphasized that the advice from Gellung Warl will be crucial in addressing these issues. He noted, "What we're seeing is an institution for self-determination to ensure that the Aboriginal people of Victoria have a say about legislation and policies in the state."

The treaty also aims to promote truth-telling by incorporating more First Nations history into high school curricula, drawing from the Yoorrook Justice Commission's findings. Mayo described these initiatives as essential for achieving justice and recognition for Indigenous peoples.

The expanded assembly will include an independent accountability mechanism, as outlined in the National Agreement on Closing the Gap. While Mayo hailed the legislation as a "giant leap forward," he expressed disappointment that the state opposition withdrew its bipartisan support last year. He remarked, "Sometimes it's like one step forward, two steps back in Indigenous affairs … it can be extremely frustrating."

Australia remains the only major Commonwealth nation without a treaty with its First Peoples. Former Prime Minister Bob Hawke had committed to establishing a national agreement as early as 1988. The journey to a treaty in Victoria has taken a decade, which former Indigenous Australians Minister Linda Burney described as a reasonable timeline. "Anyone that thinks that treaty-making is a quick process is deluding themselves," she said.

Burney characterized Victoria's treaty as a "turning point" in Indigenous affairs, advocating for treaties to be negotiated at the state and local levels. She cited Western Australia's 2018 Noongar settlement as a successful example of local agreement-making. However, treaty-making efforts have faced setbacks in Queensland, the Northern Territory, and Tasmania. The South Australian government has expressed commitment to restarting treaty negotiations, but no agreements are expected before the next election.

Burney believes Victoria's treaty can serve as a model for other states. She stated, "It's a symbol to those places like Queensland and the NT, that when you work in good faith you get good outcomes."

Minister for Indigenous Australians Malarndirri McCarthy called the Victorian treaty a "big step forward," emphasizing that it represents mutual recognition and respect. Shadow Minister for Indigenous Australians Kerrynne Liddle raised concerns about unanswered questions regarding the treaty's interaction with native title laws and its impact on language groups across state borders.

Professor Tom Calma, a Kungarakan elder and human rights advocate, supported Victoria's treaty process as a potential blueprint for other regions. He stressed the importance of teaching Indigenous history from an Aboriginal perspective, stating, "We need to be able to tell it as it happened."

Calma highlighted that the treaty offers a historic opportunity for Indigenous Australians to lead change. He said, "We want equality, and we want to do it in a way that's empowering … and sustainable, and in a way that's being directed and delivered by Aboriginal and Torres Strait Islander people."

Having advocated for Indigenous rights for over 40 years, Calma noted that the fight for a treaty has spanned generations. He encouraged all Victorians to support this initiative, emphasizing its potential benefits for society as a whole.