Uncle Hewitt Whyman says Victoria is leading the way for a domino effect across the country. Photo: Chris Roe.
Victoria is poised to become the first Australian jurisdiction to legislate a treaty with First Nations people, and a Wagga First Nations elder believes this could see other states follow.
The Statewide Treaty Bill 2025 passed the Victorian Lower House on 16 October with support from Labor and Greens MPs, with Opposition MPs voting against it. The bill will now head to the Upper House.
If passed, this would give effect to the first treaty in Australia between the government and First Nations people. The treaty will make the First Peoples’ Assembly permanent under a new authority (Gellung Warl), granting First Nations people in Victoria the power to make decisions on matters directly affecting their community.
“Treaty is built on a simple principle: First Peoples decide First Peoples’ issues. This doesn’t take anything away from anyone else,” the treaty says.
It also says: “The state has made the commitment to treaty because when First Peoples thrive, all of Victoria is stronger, fairer, and more whole. Treaty is not a gift given, but a commitment made — to practical change, to shared progress, and to a future in which dignity and opportunity belong to all.”
Wagga First Nations elder Uncle Hewitt Whyman says Victoria is leading the way for a “domino effect across the country”. He is confident the bill will act as a stepping stone for other states to adopt the same kind of treaty.
There have been calls for a treaty on state and national levels, with Victorian governments and First Nations representatives working towards one since 2016 with the formation of the Aboriginal Treaty Working Group.
“In the [October 2023] Voice to Referendum there was the Voice to Treaty, which failed,” Uncle Hewitt said. “Australia is one of the only countries that hasn’t got a treaty in the Commonwealth family. Victoria is now leading the way for a process that started 10 years ago.
“The treaty will be a voice at a state level that – in my and a lot of others’ opinion – will domino across the country. [In our opinion] the treaty in Victoria is on its way to become law and the first in the nation.”
Winston Churchill Fellow and proud Gomeroi and Yullaroi man Joseph Flick, who is on a mission to connect families of First Nations veterans with their lost histories, believes part of the treaty is about “truth-telling” and how it starts to happen.
“The politicians seem to be listening to the voice of the people,” he said. “Not just the Aboriginal people, but the wider community of Victoria.
“That’s when you’ll get more widespread views about the real story of the Aboriginal people in Australia.”
The bill will now head to the Upper House and is expected to be debated in the next parliamentary sitting week beginning Tuesday 28 October.
According to Victoria Premier Jacinta Allan, the bill proposes the expanded assembly:
- Be led by democratically elected members providing representation of First Peoples
- Make decisions and rules about specific matters that directly impact First Peoples
- Form an independent accountability mechanism as required by the National Agreement to Close the Gap
- Be consulted by government departments on laws and policies affecting First Peoples
- Lead ongoing truth-telling and healing across Victorian towns and regions, including capturing stories and retaining an archive of this information to support education of the broader public
- Make certain statutory appointments for existing designated First Peoples seats such as First Peoples appointments to the Heritage Council of Victoria
- Lead the Aboriginal Community Infrastructure Fund, Victorian Aboriginal Honour Roll and NAIDOC Week
- Develop a First Peoples Institute to enhance leadership capability across the sector.
