Treaty legislation

The Advancing the Treaty Process with Aboriginal Victorians Act 2018

The Advancing the Treaty Process with Aboriginal Victorians Act 2018 is Australia’s first ever treaty law.

The Act is the result of the work of over 7,000 Aboriginal Victorians who have worked with government to progress Treaty over the past 2 years.

The Act reflects the intent to help improve the lives of Aboriginal Victorians, and the lives of future generations.

This is another step on the significant journey toward treaty or treaties in Victoria.

Treaty is an opportunity to recognise and celebrate the unique status, rights, cultures and histories of Aboriginal Victorians. It's an opportunity to address wrongs and redefine relationships between Government and community.

What the Act does:

  • require the future Aboriginal Representative Body and the State to establish elements to support future treaty negotiations. This includes a treaty authority, treaty negotiation framework and a fund to support Aboriginal self-determination
  • set out a mechanism to enable the Aboriginal Representative Body to be formally recognised once it has been established as the State's equal partner in the next phase of treaty
  • enshrine guiding principles for the treaty process, including self-determination and empowerment, that all participants in the treaty process must abide by
  • require the Aboriginal Representative Body and government to report annually to Parliament on progress towards treaty

What the Act does not do:

  • establish the Aboriginal Representative Body
  • establish a treaty negotiation framework or set out the scope for any future treaties
  • establish who the parties to a treaty negotiation should be
  • specify the parameters, oversight or accountability of a self-determination fund
  • exclude any Aboriginal Victorians from the treaty process, including clans