Native title year in review 2025-2026
What you need to know
- Victoria continues to lead Treaty progress, and on 13 November 2025, Victoria became the first Australian jurisdiction to sign a Statewide Treaty with First Peoples.
- The Victorian Statewide Treaty Act 2025 (Vic) (Statewide Treaty Act) establishes Gellung Warl, a permanent representative and deliberative body for First Peoples in Victoria comprising three arms: the First Peoples' Assembly (representative and decision-making body), Nginma Ngainga Wara (Outcomes and Justice Commission), and Nyerna Yoorrook Telkuna (Office of Truth-telling and Healing).
- The Statewide Treaty Act does not change the Native Title Act 1993 (Cth), the Traditional Owner Settlement Act 2010 (Vic) or, at this stage, existing land access frameworks. However, there will be changes. New Victorian bills must include a statement of compatibility with Treaty principles, and Treaty consultation obligations will inform policy development.
- Other jurisdictions have made varying progress. NSW is concluding a 12-month Treaty consultation process, South Australia has announced funding for a Truth-telling and Treaty Commission, and Tasmania is progressing Truth-telling. Queensland and the Northern Territory have abandoned Treaty plans.
What you need to do
- Engage early with Traditional Owners. The direction of travel in Victoria and elsewhere is towards earlier, more meaningful involvement of First Peoples in decisions affecting land, water and cultural values. Early, respectful engagement is increasingly expected by government and the community, and produces better project outcomes.
- Build cultural capability. Invest in cultural competency training and education within your organisation. The public sector is already required to do so following the Victorian Treaty, and organisations that engage with the Victorian Government or operate on Country will increasingly be expected to demonstrate cultural capability.
- Watch for the outcome of the Victorian State election. In October 2025, the Victorian Coalition pledged to repeal the Statewide Treaty Act within 100 days if it wins in November 2026. Treaty has not been a prominent election issue, but with the Coalition performing strongly, the durability of the Victorian Treaty may well be tested.
Victoria's Treaty
On 13 November 2025, Victoria became the first Australian jurisdiction to sign a Treaty with First Peoples, called the Statewide Treaty.
What does the Treaty say?
The Statewide Treaty is divided into two parts.
Part one acknowledges that Victoria was colonised without consent, negotiation or recognition of Traditional Owners of the land and waters. It recognises the enduring connection between First Peoples and Country, and the deep and continuing injustices endured by First Peoples, brought into the open during the Yoorrook Justice Commission.
The State further acknowledges First Peoples' inherent right to self-determination in accordance with Aboriginal Law and Customs, that Traditional Owners belong to, speak for and carry responsibility for Country, and that this can never be extinguished.
In part two, the State and First Peoples agree to substantive commitments, which include:
- the introduction of the Statewide Treaty Act 2025 (Vic) (Statewide Treaty Act) and its objectives;
- establishing Gellung Warl and commitments relating to data sharing and resource support;
- respect for, and engaging in good faith with, Aboriginal Lore, Law and Cultural Authority;
- an agreement to negotiate an official apology from the State to First Peoples, which will be made in the Victorian Parliament;
- inclusion of Truth-telling in the Victorian curriculum, based on the Yoorrook Justice Commission Official Public Record; and
- provision for the agreement of further Statewide Treaties on specific topics.
What is the Statewide Treaty Act?
The Statewide Treaty Act commenced on 12 December 2025. The Act gives legal effect to the Statewide Treaty and implements many of the substantive commitments in part two of the Statewide Treaty, including Gellung Warl. It also aims to:
- provide the foundations for ongoing Treaty-making between Gellung Warl and the State;
- advance the inherent rights and self-determination of First Peoples; and
- address the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation.
The Statewide Treaty Act also imposes a mutual obligation on Gellung Warl and the State to engage with each other in good faith, and requires all bills introduced to Parliament to include a statement of compatibility with Treaty principles.
The Statewide Treaty Act does not change the Victorian Constitution or any tax laws, and it does not provide individual financial reparations.
What is Gellung Warl?
Gellung Warl is a permanent representative and deliberative body for First Peoples in Victoria. The name is a Gunaikurnai word pronounced "Gullungwarl" ("g" as in "good", "u" as in "put"), and means "tip of the spear" or "pointed spear".
Gellung Warl's purpose is to:
- exercise decision-making powers by representing First Peoples in Victoria and making decisions in relation to First Peoples in Victoria;
- represent First Peoples in Statewide Treaty negotiations with the State, including undertaking ongoing Statewide Treaty negotiations;
- provide for ongoing Truth-telling and healing;
- advise the Parliament and the State Government in relation to matters that affect First Peoples; and
- hold the State Government to account in relation to its commitments to, and the impact of its actions on, First Peoples.
Gellung Warl consists of three "arms", and each arm is independent from the other arms of Gellung Warl.
| Arm | Function |
| First Peoples' Assembly of Victoria | The First Peoples' Assembly was first established in 2019 and has now been brought under Gellung Warl. The Assembly is the central decision-making arm, with 22 elected general members and 12 reserved seats held by representatives of recognised Traditional Owner groups. The most recent election was held on 24 April 2026. The Assembly is responsible for representing Victorian First Peoples and informing Parliament and the Victorian Government on matters that affect First Peoples. It will also make decisions about First Peoples matters, for example by making guidelines and standards to guide State entities when interacting with First Peoples. |
Nginma Ngainga Wara (Outcomes and Justice Commission) | Nginma Ngainga Wara is a Wadi Wadi word, pronounced "Ng-in-ma Ng-eye-nga Wa-ra" ("ng" as in "sing", "a" as in "car"). Its role is to hold the State accountable for any commitments it makes to First Peoples (including the recommendations of the Yoorrook Justice Commission), and it will evaluate and monitor how effective the State is in achieving better outcomes for First Peoples. Nginma Ngainga Wara will also make recommendations to the First Peoples' Assembly on practical and feasible measures that can be taken to improve outcomes for First Peoples. Nginma Ngainga Wara also meets the State's commitment to create an independent accountability mechanism under the National Agreement on Closing the Gap. |
Nyerna Yoorrook Telkuna (Office of Truth-telling and Healing) | Nyerna Yoorrook Telkuna will continue the work of the Yoorrook Justice Commission in Truth-telling and healing. The office will establish Truth-telling in local communities and support ongoing education and reconciliation. Nyerna Yoorrook Telkuna is a Wamba Wamba word and is pronounced "Nyern-ah Yoo-rrook Terl-kun-ah". |
Gellung Warl is not subject to the direction or control of the State Government in respect of how it performs its functions or exercises its powers. This keeps Gellung Warl independent from government. The arms of Gellung Warl also have the power to do all things necessary or convenient to be done in connection with the performance of their functions, including:
- making rules on how Gellung Warl operates;
- regulating how First Peoples organisations provide certificates evidencing that a person is accepted as an Aboriginal or Torres Strait Islander person;
- deciding who will be members of Nginma Ngainga Wara and Nyerna Yoorrook Telkuna;
- making guidelines and standards on a range of matters, for example on how water entitlements held by First Peoples organisations should be shared or traded and how cultural safety can be implemented in organisations;
- conducting inquiries; and
- referring matters to other bodies.
However, Gellung Warl cannot make laws or overrule Parliament, and it is not a "third chamber" of Parliament. Gellung Warl also does not have any coercive powers, and cannot compel people to attend hearings or inquiries.
How does Treaty fit into Victoria's existing land access framework?
Planning and environment decisions
The First Peoples' Assembly is empowered to give advice or consult on decisions it considers will affect First Peoples, and this extends to planning and environment decisions.
Under the Statewide Treaty Act, Victorian Government Department Secretaries, Victoria Police and the First Peoples' Assembly must develop guidelines to support this consultation, including specific guidelines for providing advice on First Nations issues and impacts to panels and advisory committees appointed under the Planning and Environment Act 1987 (Vic). So far, no such guidelines have been released.
Failure to consider any submission, advice or information given by the First Peoples' Assembly, or to respond to submissions or questions, does not of itself affect the validity of any act or decision or provide grounds for review of a planning decision. Similarly, a failure to develop or comply with consultation guidelines does not affect the validity of any planning act or decision.
Access to land where First Peoples' rights and interests are concerned
Victoria's Indigenous land access framework consists of the following key legislative frameworks:
- the Native Title Act 1993 (Cth), which provides for the recognition and protection of native title rights and interests;
- the Traditional Owner Settlement Act 2010 (Vic), which provides an alternative to the Native Title Act, via settlement processes and agreement making between the State and native title claimants; and
- the Aboriginal Heritage Act 2006 (Vic), which protects Aboriginal cultural heritage and requires approvals such as cultural heritage management plans in certain circumstances.
The Statewide Treaty and Statewide Treaty Act do not affect the Native Title Act or Traditional Owner Settlement Act. However, some parts of the Aboriginal Heritage Act have been amended to substitute powers that were previously given to the Minister for Treaty and First Peoples, with powers conferred on the First Peoples' Assembly. For example, the First Peoples' Assembly will now determine who is a member of the Aboriginal Heritage Council.
Treaty in other jurisdictions
Since our Native Title Year in Review 2024-2025 article, "Treaty update – full steam ahead in some jurisdictions, while others wind back progress", other jurisdictions have progressed as follows:
| Commonwealth | There has been no progress on Treaty or establishing a Makarrata "Truth-telling" Commission since the re-election of the Labor government in May 2025, and the $5.8 million originally set aside for establishing the Commission has been reallocated to Closing the Gap measures. It appears the Commission is no longer a priority for the Commonwealth Government. |
New South Wales | The NSW Statewide Treaty consultation process began in August 2025, led by the NSW Treaty Commissioners (former senator Aden Ridgeway and Koori Mail newspaper CEO Naomi Moran). The Commissioners are travelling around NSW to listen to Aboriginal People across metropolitan, regional and remote communities, and will report back on two questions:
The consultation process runs for 12 months, after which the Commissioners will prepare a report and recommendations to be presented to the NSW Government. As at the date of this article, the consultation period appears to be nearing conclusion, and no report has been issued yet. NSW Premier Chris Minns says that the Labor government will consider all recommendations, but will not progress beyond consultation until after the State election in early 2027. Meanwhile, the Opposition remains committed to its position that it would not support a State Voice to Parliament. |
Queensland | The Queensland Liberal National government has maintained its commitment not to pursue any formal Treaty, Truth-telling or Voice process. However, in October 2025, the government signed a First Nations Council Accord with Queensland's 17 First Nations councils, which provides for annual meetings between cabinet ministers and the First Nations councils. Commentators have likened the Accord to a kind of "Voice", but the government rejected those suggestions – Minister for Aboriginal and Torres Strait Islander Partnerships Fiona Simpson said the Accord was the "complete and utter opposite" of the Commonwealth's proposed Voice to Parliament. |
Western Australia | The Western Australian Government continues to prefer targeted agreements and schemes rather than Statewide Treaty, Truth-telling or Voice – for example, through its Stolen Generations Redress Scheme, Yokai Healing Our Spirit Truth-telling projects and the Wadjemup Project (targeted at Truth-telling and reconciling Aboriginal prison history on Wadjemup). |
South Australia | South Australia continues to progress Treaty, Truth-telling and Voice. The Joint Presiding Member of the First Nations Voice to Parliament, Ms Danni Smith, gave her second annual address to a joint parliamentary sitting. In her address and in the Voice's 2025 Annual Report, Ms Smith renewed calls for a Commission for Truth-telling and Treaty. The SA Government appears to have heard those calls – in its 2026-2027 budget the government announced $8.5 million in funding for a Commission to undertake Truth-telling and progress Treaty activities. The Commission will be headed by First Nations leaders, but neither the appointments nor the Commission's structure have been announced. The second Voice election was also held on 21 March 2026, and voter participation increased by 25%. However, overall First Nations voter turnout remained low, at 10% of the State's First Nations people. |
Tasmania | Tasmania is not progressing Treaty, and there has been slow progress on Truth-telling. Since the Tasmanian Government announced funding for independent commissioners to facilitate the Truth-telling process in May 2025, there have been no appointments or further work towards Truth-telling. The government has confirmed Truth-telling is likely to focus on actions that prioritise education, story-telling, knowledge sharing and strengthening relationships between Tasmanian First Nations people and the broader Tasmanian community. Community organisations continue to advocate for Treaty as an essential outcome of the Truth-telling process. |
Australian Capital Territory | There continues to be no progress on Treaty in the ACT, though the government has reiterated its commitment to starting Treaty conversations, noting that the Treaty process "is complex and will take time". The ACT instead appears to be focused on Closing the Gap measures, and is the first jurisdiction to legislate its commitments in the Public Sector (Closing the Gap) Legislation Amendment Act 2025 (ACT). |
Northern Territory | The Northern Territory Government is not pursuing Treaty, Truth-telling or Voice. |
Where to from here?
Victoria's Treaty is a living document that provides the framework for ongoing Treaty-making across different topics. The next focus of Treaty-making will be health, housing and education, with the Yoorrook Justice Commission recommendations informing these discussions. The newly elected First Peoples' Assembly is pressing ahead with its mandate, and at the local level Traditional Owner Treaties will be negotiated with the Victorian State in the coming years, with several Traditional Owner groups having already entered the Treaty Negotiations Register.
Victoria's executive government and Parliament will be influenced by the Treaty and the empowerment of Victoria's First Peoples. Expect to see increased consultation with the First Peoples' Assembly on legislative proposals and policies affecting First Peoples, and new guidelines for consultation requirements for government departments.
The future of Victoria's Treaty is not without challenge. In October 2025, the Victorian Coalition pledged to repeal the Statewide Treaty Act within 100 days if it wins the November 2026 State election, replacing the Treaty framework with a new department called "First Nations Victoria" and an unelected advisory body. Regardless of changes of government, the underlying issues that gave rise to Victoria's Treaty – self-determination, Truth-telling and systemic disadvantage – will remain on the national agenda. We will continue to monitor developments closely.
Want to know more?
- Treaty update – full steam ahead in some jurisdictions, while others wind back progress (9 September 2025)
Authors: Clare Lawrence, Partner; Tess Birch, Senior Associate and Alison Kemp, Graduate.
