Indigenous treaties in Australia facts for kids

Indigenous treaties in Australia are important legal agreements that governments in Australia want to make with First Nations peoples. These treaties would be like formal promises. They could recognize First Nations as unique communities and acknowledge their special connection to the land. Treaties might also outline shared rights and responsibilities, or allow First Nations groups to have more say in how their communities are run.

As of 2024, no such treaties are fully in place across Australia. However, many states and the national government have shown interest in creating them. After the Voice referendum in 2023 did not pass, some political parties changed their minds about supporting treaties. This has made the path to treaties less clear in many parts of Australia, except for Victoria.

Victoria started creating a legal way for treaty talks in 2016. The First Peoples' Assembly of Victoria was elected in 2019 to help with this. Events in June 2020, like rallies across Australia, also brought more attention and support for Indigenous issues and treaties. But after the 2023 referendum, progress on treaties has slowed down or even stopped in most states and territories, except for Victoria.

Why Treaties are Important

Treaties between governments and Indigenous peoples can achieve several goals:

• They can provide important rights and support.
• They can start a formal process of reconciliation, which means working towards healing and understanding after past challenges.
• They can create a way for Indigenous groups to have more control over their own futures and communities.

Studies show that when Indigenous communities have more control over their own decisions, it helps them overcome long-standing difficulties.

Many Aboriginal Australians believe that treaties would give them important recognition, both in a real and symbolic way. People have been discussing treaties for many years. They also talk about related topics like recognizing Indigenous peoples in the Australian Constitution, land rights, and programs like Closing the Gap that aim to improve life for Indigenous Australians. A treaty would be a formal agreement that clearly defines the relationship between governments and First Nations peoples. It could include agreements on things like health and education.

Other countries, like New Zealand and Canada, made treaties with Indigenous peoples when they were first settled by Europeans. For example, the Treaty of Waitangi was signed in New Zealand in 1840. These treaties helped define relationships and land use.

A Look Back: Treaty Discussions in Australia

Discussions about treaties with Indigenous Australians began very early in Australia's history. In 1832, the Governor of Van Diemen's Land (now Tasmania), George Arthur, said it was a mistake that a treaty had not been made with the Aboriginal people after a period of conflict. He suggested that before South Australia was settled, an agreement should be made with the Aboriginal peoples there to avoid more conflict. The official documents for South Australia in 1836 even mentioned recognizing the rights of the Aboriginal peoples of South Australia.

The only attempt to make a treaty before the 2000s was called Batman's Treaty. This was an agreement in 1835 between a businessman named John Batman and some Wurundjeri elders to buy land near Melbourne. However, the Governor of New South Wales quickly said this agreement was not valid. He stated that all land belonged to the British Crown, and only the Crown could decide what happened to it. Today, some Indigenous rights to land are recognized under native title law.

In 1988, Prime Minister Bob Hawke promised an Indigenous treaty after receiving the Barunga Statement from Aboriginal elders. This statement asked for a treaty. Even with public interest, some people worried about what a treaty might mean, including questions about financial support.

Modern Efforts for Treaties

In 2017, the Uluru Statement from the Heart was presented. It asked for an Indigenous voice to parliament and a treaty. Prime Minister Malcolm Turnbull did not support the idea of a Voice to Parliament at that time.

Because there wasn't much progress on a national treaty, some states and territories started their own discussions with Indigenous peoples. The Uluru Statement from the Heart also asked for a "Makarrata Commission." This commission would help governments and First Nations make agreements and share stories about Australia's history. "Makarrata" is a Yolngu word that means a process of solving problems and making peace.

In 2019, Ken Wyatt, the Minister for Indigenous Australians, spoke about "Voice. Treaty. Truth." He suggested that states and territories should lead the way in treaty discussions.

The Victorian government created a legal way for treaty talks in 2018, working with their First Peoples' Assembly. This brought the treaty discussion back into the spotlight across Australia. In October 2025, Victoria became the first Australian state to pass a treaty law.

Treaties in Different States and Territories

The Victorian government was the first state to create a legal way for Indigenous treaty talks in 2018. Since then, other states and territories have also started their own processes. Treaties with state governments often focus on important areas like health and education.

New South Wales's Treaty Journey

Before winning government in March 2023, the New South Wales Labor party promised to start treaty discussions. David Harris became the Minister for Aboriginal Affairs and Treaty. After the Voice referendum did not pass, some experts felt the government's commitment to treaty became less clear. Three treaty commissioners were appointed to talk with Aboriginal people in New South Wales about their ideas for a treaty. The government aimed for the process to begin in early 2025.

Victoria's Treaty Progress

The Victorian Government was the first state to create a legal framework for Indigenous treaty talks in 2018. At first, the Victorian Liberal Party opposed a state-based treaty, thinking a national one would be better. However, by 2022, they supported the idea.

On 3 July 2018, Victoria passed its first treaty law, the Advancing the Treaty Process with Aboriginal Victorians Act 2018. This law aims to achieve reconciliation and justice for Aboriginal communities.

In 2019, an election was held for the First Peoples' Assembly, which represents Aboriginal and Torres Strait Islander people in Victoria.

On 16 August 2022, the Victorian Legislative Council voted to pass the Treaty Authority and Other Treaty Elements Bill 2022.

However, on 21 January 2024, the Victorian Liberal and National opposition announced they were no longer supporting the treaty process.

On 9 September 2025, Premier Jacinta Allan introduced a bill to put the treaty into action. This bill also made the First Peoples' Assembly a permanent group. The bill passed the Victorian Legislative Council on 30 October 2025. The Liberal–National Coalition and some other parties voted against it. The Coalition has said they would try to cancel the treaty if they win the 2026 Victorian state election.

Queensland's Path to Treaty

In 2019, the Queensland Government announced its interest in a treaty process. Groups were set up to consult with over 1,700 Queenslanders. They released a report in February 2020. A key part of this process is "truth-telling," which means sharing and acknowledging Australia's history.

On 13 August 2020, Premier Annastacia Palaszczuk announced government support for moving forward with a Path to Treaty.

In 2023, the Queensland Parliament passed the Path to Treaty Act 2023. This law created the First Nations Treaty Institute to help First Nations prepare for treaty talks. It also set up the Truth-telling and Healing Inquiry to record the impact of historical events on Indigenous Queenslanders. This bill passed with support from both major parties, though some smaller parties voted against it.

On 19 October 2023, after the Voice referendum, the opposition Liberal National Party of Queensland (LNP) announced they were no longer supporting the treaty.

The LNP won the 2024 Queensland state election and then cancelled the Path to Treaty Act 2023. They also ended the Truth-telling and Healing Inquiry.

Western Australia's Agreements

As of January 2024, Western Australia is the only state without a formal treaty process. However, in 2015, the Western Australian Government signed a large agreement with the Noongar people. This agreement, worth $1.3 billion, settled native title claims. It recognized the Noongar people as the traditional owners of South-Western Australia. This agreement has been called "Australia's first treaty" by some legal experts. These agreements are sometimes called "small 't' treaties" because they achieve similar results to formal treaties, even if they weren't part of a specific treaty process.

By 2018, Western Australia had plans to create an Aboriginal representative body in the state.

South Australia's Treaty Efforts

In 2016, the South Australian Government announced plans to negotiate treaties with Indigenous groups across the state. Talks began with the Ngarrindjeri, Narungga, and Adnyamathanha peoples. In February 2018, an agreement called the Buthera Agreement was signed with the Narungga nation.

After a change in government in 2018, the treaty process was paused.

In 2022, a Labor government returned to power, and Premier Peter Malinauskas promised to restart the treaty process. South Australia became the first state to create a state-based Voice to Parliament in 2023. In late May 2025, Aboriginal leaders asked the government to restart the treaty process. The Minister for Aboriginal Affairs, Kyam Maher, said the government was still committed but that agreements were unlikely before the next election. He mentioned looking at models from Victoria, Canada, and New Zealand.

Tasmania's Treaty and Truth-Telling

In 2015, the Tasmanian Greens called for a formal treaty between the Tasmanian Government and the Tasmanian Aboriginal community. In 2019, Michael Mansell, chair of the Aboriginal Land Council of Tasmania, explained that a treaty would be about true democracy and self-determination. He noted that only a small part of Tasmania had been returned to Aboriginal people under the Aboriginal Lands Act 1995.

In June 2020, Mansell met with Premier Peter Gutwein to discuss a treaty. Mansell was encouraged by the support for Aboriginal issues seen in rallies across Australia.

In 2021, Premier Peter Gutwein announced the start of a treaty and truth-telling process, beginning with talks with the state's Aboriginal population. An Aboriginal Advisory Group met in February 2023. However, some Indigenous groups expressed concerns about the government's approach. The question of who should be counted as Aboriginal for treaty talks also caused frustration. The treaty process was abandoned by the government in May 2025.

Northern Territory's Treaty Journey

In 2018, the Northern Territory Government promised to start a treaty process with Indigenous peoples. They appointed an Independent Treaty Commissioner to oversee talks. In June 2018, the government signed the "Barunga agreement," committing to work with the Territory's four Aboriginal land councils to develop a treaty process.

The process involved an independent commissioner who would consult with Indigenous communities. A public discussion paper was to be released and translated into Aboriginal languages. A final report would then be presented to the Northern Territory Legislative Assembly.

On 4 March 2019, Mick Dodson was appointed Treaty Commissioner. He was tasked with presenting a final report within 2.5 years. In a discussion paper in July 2020, the Treaty Commission stressed the urgency of "truth-telling" – sharing stories about the past – before treaty negotiations could begin. Because the Northern Territory is not a state, treaties made with its government could potentially be changed by the Federal Government. There are also challenges when traditional lands cross borders or when people from the Stolen Generations are trying to find their family connections. The Treaty Commissioner presented his report to the Chief Minister in 2022.

In 2023, the Commission was ended. The Territory government stated that more time and consultation were needed before moving forward. However, the government held its own treaty discussions in April 2024.

The NT opposition Country Liberal Party (CLP) ended the treaty process after winning government in the 2024 Northern Territory general election.

See also

• Aboriginal land rights in Australia
• History of Indigenous Australians
• Letters Patent establishing the Province of South Australia
• Native title in Australia
• Treaty rights