How Victoria's Historic Treaty Bill Could Shape Law

This week marks a historic moment for Victoria. The State Government has introduced the Statewide Treaty Bill 2025 into Parliament, making Victoria the first jurisdiction in Australia to put treaty legislation on the table for its First Peoples.

While this is an exciting development, it is not unexpected.

The Australian Labor Party (ALP) took a statewide Treaty commitment to the last Victorian state election, and with that electoral mandate, the Government has now acted to deliver on this policy promise. This gives the Bill both political legitimacy and a strong foundation for debate in Parliament.

What is changing?

A new statutory authority

The Bill proposes establishing Gellung Warl (a Gunaikurnai phrase meaning ‘tip of the spear’), a new statutory authority that will permanently enshrine the First Peoples’ Assembly of Victoria in law.

This body will lead statewide treaty processes and ensure Aboriginal voices are formally recognised in decision-making.

Truth-telling and cultural recognition

The legislation embeds truth-telling into Victoria’s institutions, particularly in education.

Findings from the Yoorrook Justice Commission are set to be integrated into the school curriculum (Prep to Year 10).

There are also commitments to renaming places in Indigenous languages, building cultural capability across the public sector, and establishing a First Peoples’ Institute to support leadership and education.

Oversight and accountability

To provide transparency, oversight will come from independent watchdogs such as the Ombudsman and IBAC. This aims to ensure the new institutions are accountable and that they apply the framework consistently and fairly.

Financial commitments

Delivering on these reforms is a major undertaking. Current estimates suggest operating costs will rise to around $70 million per year by 2028–29, with total expenditure potentially exceeding $500 million by 2029.

They expect these financial considerations to be closely scrutinised during parliamentary debate and beyond.

Key legal issues

Statutory recognition: Giving permanent legal status to the Assembly through Gellung Warl is a significant step. It may create enforceable obligations for government in its dealings with First Peoples.
Identity and membership: The Bill proposes formal processes for determining who they recognise as Aboriginal for the purposes of treaty participation. This raises complex legal and cultural questions.
Legislative impact: New Victorian laws may need to undergo a form of ‘treaty compatibility’ review, similar to human rights compliance statements under the Charter of Human Rights and Responsibilities.
Constitutional questions: While states do not have sovereignty in the international sense, moving treaty processes into legislation could invite legal debate over the scope of state powers and how treaty obligations interact with federal law.

Why does it matter?

The proposed framework is more than just a legal milestone. It represents a chance for all Victorians to move forward together. By embedding treaty processes into law, the state is creating a stronger foundation for respect, recognition, and partnership with First Nations peoples.

For government and organisations, new obligations will mean adapting how we work – but that’s a positive step. Clearer rules, cultural awareness, and stronger consultation can build better decision-making and more inclusive outcomes.

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

In short, the Bill is not only about legal compliance. It’s about building a stronger community through recognition, collaboration, and trust.

What happens next?

The Bill must now pass through both houses of Parliament.

Debate will focus on:

The scope of Gellung Warl’s powers.
The cost and resourcing of the framework.
How to determine identity and represent that in treaty processes.
The balance between symbolic recognition and enforceable legal rights.

Victoria’s Statewide Treaty Bill 2025 is a milestone in Australian legal and political history. Backed by an election mandate, the Bill sets out a pathway for embedding treaty processes into law. It also raises important questions about accountability, cost, and the limits of state power.

We will continue to monitor these developments closely and provide updates as the Bill progresses through Parliament.

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.