Making up for Lost Time? First Peoples-State Treaty-Making in Victoria

In 2016, Victoria became the first government in Australia to formally commit to a treaty process with First Nations peoples. However, the historical absence of treaty in Australia meant the concept of a treaty was vague for many people, including government and Indigenous communities. A host of fundamental questions, such as what a treaty might contain or what a proper negotiation process might look like, were unclear or uncertain.

Treaties are accepted around the world as a means of resolving differences between Indigenous peoples and those who have colonised their lands. They have been reached in the United States and Aotearoa New Zealand, are still being negotiated in Canada today. In contrast, no formal treaty has ever been signed in Australia despite Aboriginal and Torres Strait Islander peoples calling for a treaty for generations.

This case study explores the slow and deliberate steps taken by the Victorian government as it listened to First Nations communities and built community support and the institutional architecture necessary for treaty talks. Key lessons from Victoria’s experience will help inform other states and territories which have since begun their own treaty processes.

Please note this case has a Teaching Note associated with it. To access a copy, please email caselibrary@anzsog.edu.au with a request and citing the title.

Authors: Harry Hobbs and Dani Larkin

Published Date: 7 December 2022

Author Institution: University of Technology Sydney and University of New South Wales

Content Length: 14