Coalition pledges to scrap treaty laws if elected as debate reaches parliament

Victoria’s treaty legislation would be rescinded within 100 days if the state Coalition is elected, it has emerged as parliament returns this week to debate the historic laws.

Victoria’s treaty agreement with First Peoples will be front and centre when parliament returns from a month-long break on Tuesday, as it is debated for the first time.

It will kick off with addresses from co-chairs of the First Peoples’ Assembly, Ngarra Murray and Rueben Berg in the lower house, with debate expected to run much of the week.

But before parliament resumes, representatives from the state opposition will inform leaders from the assembly of their policy position if they are successful in the November 2026 election.

The Liberals and Nationals have already publicly stated their opposition to treaty, arguing the money and resources invested into the process should be spent on other initiatives to improve outcomes for Aboriginal Victorians.

Two party sources, speaking anonymously to detail internal discussions, said the Coalition had endorsed a position where they would revoke the agreement within 100 days of winning government.

Although the pledge is unlikely to surprise the First Peoples’ Assembly, who have previously urged the public to write to Opposition Leader Brad Battin outlining their support for treaty, it comes as leaders have started preparations to ensure Aboriginal communities and organisations are ready when the laws come into effect.

The Coalition first announced its opposition to treaty in early 2024 following the defeated referendum on a proposed Indigenous Voice to federal parliament.

The specifics of how the Coalition would wind back the laws are yet to be detailed, with policymakers behind the bill seeking to future-proof some key elements of treaty from changes in government.

A new representative body for First Peoples known as Gellung Warl – a Gunaikurnai phrase for “tip of the spear” – is proposed to be shielded by funding it through an ongoing, special appropriation cemented into the state budget.

Under the legislation to be debated this week, elected members of the First Peoples’ Assembly will have power to make representations to the cabinet, individual ministers, departmental secretaries and both houses of parliament and conduct briefings with the Victoria Police chief commissioner and state-funded service providers.

Cabinet meetings attended by representatives of the assembly will be conducted at least twice a year and bound by confidentiality. The assembly will address a joint sitting of both houses of parliament once a year and at any time can report to either house and relevant ministers about matters that affect First Peoples.

Legislation will also explicitly outline that nothing in the agreement will limit the power of the Victorian parliament to make laws and otherwise conduct its business.

Debate on the treaty bill will begin with a smoking ceremony, with a speech from Murray – provided to The Age ahead of time – which takes a swipe at the political fights that have at times dominated policy decisions for First Peoples.

“The time for paternalistic governments making decisions on behalf of our people ends with this treaty,” Murray’s speech says.

“No longer will policies be made about us, without us.

“Our people will no longer tolerate being the political football that politicians kick around looking to further their own selfish interests.”

In his speech, Berg will say good intentions have too often outlived good outcomes, with the new representative body to provide measurable milestones, report on progress openly and be answerable to community.

“We do this not to divide Victoria, but to complete it,” he will say.

“Not to take anything from anyone, but to make this place more whole for everyone.”

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.