Momentum grows for UNDRIP-aligned reform 11 min read
Victoria has recently passed the Statewide Treaty Bill and signed a treaty with Traditional Owners, becoming the first Australian jurisdiction to agree a treaty and formalise a treaty process.
The Statewide Treaty Act 2025 (Vic) (the Act), which received Royal Assent on 13 November 2025, responds to recommendations from the Yoorrook Justice Commission (the Commission), which called for truth-telling, redress and shared decision-making to address systemic injustices. The Act establishes Gellung Warl as a permanent First Peoples representative and deliberative body under a new statutory authority, gives effect to the first Statewide Treaty and sets out the governance framework, processes and guiding principles for future treaty negotiations.
In this Insight, we unpack the Commission's recommendations, examine the Act and explore the implications for businesses.
Key takeaways
- The Commission's final report made extensive recommendations in areas including cultural heritage protection, involvement of Traditional Owners in mining, resources and renewables projects, employment and redress. A number of recommendations are framed by reference to principles in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
- The Act establishes Gellung Warl—a permanent statutory authority—that has a number of functions, including: advising and advocating to government and Parliament on matters that affect First Peoples, including during development of policy and legislation; representing First Peoples in ongoing Statewide Treaty negotiations; providing for ongoing truth-telling and healing for First Peoples; and holding the Victorian Government to account in relation to its commitments to, and the impact of its actions on, First Peoples.
- The Act adopts UNDRIP as a guiding framework, committing to principles of self-determination, equality and participation by:
- recognising the authority of Traditional Owner groups in relation to First Peoples' right to self-determination;
- enabling First Peoples to make decisions about their own affairs, consistent with Article 3 of UNDRIP; and
- requiring new Bills to be assessed for their impact on the equal enjoyment of human rights by First Peoples, in line with Article 1 of UNDRIP.
- Businesses operating in Victoria may wish to consider if and how the increased role of Victorian First Peoples in Parliamentary processes and policy and legislative development may impact applicable existing or proposed policy or laws so as to have a knock-on effect to corporate risk management and compliance practices.
- Also, businesses may wish to monitor the implementation of certain of the Commission's recommendations as these may inform law or policy reforms relevant to business in relation to engagement with, and the role of, First Nations people (eg regarding cultural heritage, land, water and resource use, redress and free, prior and informed consent (FPIC)) in Victoria, but also potentially in other states or at the federal level. Many of these recommendations address key areas of focus nationally, including cultural heritage protection, water rights and the interaction of large-scale projects with First Nations peoples' rights, including rehabilitation of those projects.
- Finally, for entities operating in Australia, the Statewide Treaty process and Act's emphasis on truth-telling and UNDRIP-aligned reform provide an indication of where best practice is heading. They indicate that momentum continues for broader adoption of UNDRIP standards across Australia. In practical terms, this means businesses may wish to consider proactively reviewing their engagement strategies, governance frameworks and risk management approaches to ensure they are prepared for a landscape in which UNDRIP alignment is, if not a legal obligation, increasingly reputationally significant.
The Yoorrook Justice Commission
On 1 July 2025, the Commission released its third and final interim report, alongside its final report—the Official Public Record—marking the conclusion of Australia's first formal truth-telling inquiry. The Commission's work, spanning nearly four years, provides a comprehensive historical account of systemic injustice in Victoria and sets out 100 recommendations for reform across land justice, redress and treaty processes. The recommendations below are those most relevant to corporate entities, while additional recommendations address broader issues such as education, health and housing.
The Commission recommends that the Victorian Government embed the principles of UNDRIP into law and practice. Although UNDRIP has been endorsed by the Victorian Government, it is not yet reflected in legislation or operational practice. The report calls on the Victorian Government to legislate UNDRIP, encourage its adoption by non-state entities, and co-design a State Action Plan with First Peoples to guide its implementation.1
The Commission recommends that cultural heritage protection be included in both Statewide and Traditional Owner treaties, with sustainable funding, stronger legal recognition of intangible heritage and support for research and restoration led by Traditional Owner groups.2
The Commission has identified significant gaps in Victoria’s land and resource recognition frameworks, recommending treaty negotiations as a vehicle for reform. Key recommendations include recognising First Peoples’ land rights and prioritising their access to Crown land,3 advocating for native title reform to reverse the burden of proof and revive extinguished rights,4 and strengthening protections for intangible heritage.5 The Commission also calls for legislative recognition of First Peoples’ water sovereignty,6 alignment of resource project approvals with FPIC, Traditional Owner authority over rehabilitation of Country post-mining,7 and co-developing a First Peoples’ Renewable Energy Strategy.8
The Commission has recommended targeted reforms to support First Peoples’ economic inclusion. These include incentivising private sector supply chain engagement with First Peoples businesses,9 embedding cultural safety in workplaces and developing talent pipelines for First Peoples,10 and increasing First Peoples’ representation on boards through greater transparency and annual reporting.11
The Commission recommends that the Victorian Government provide redress for injustices suffered by First Peoples during and after colonisation, including restitution of land and resources, compensation, tax relief and other benefits, in line with UNDRIP principles and as determined by First Peoples’ representatives.12
The Statewide Treaty Act
Alongside and informed by the work of the Commission, the First Peoples' Assembly of Victoria (the Assembly) has been negotiating with the Victorian Government concerning the content of the Act and Victoria's first Statewide Treaty. The Treaty sets out commitments for truth-telling, healing and reforms across areas such as education, public sector principles, place naming, infrastructure and recognition, while embedding processes for consultation and accountability in future legislative and policy development. The Treaty also provides a framework for ongoing negotiations, data sharing and resource allocation.
The Act's purpose is to give effect to the first Statewide Treaty, advance First Peoples' rights and self-determination and address the impacts of colonisation. The Act provides the governance framework and foundation for First Peoples' input into Victorian Government and Parliamentary decision-making as well as for ongoing Statewide-Treaty making on matters that will deliver practical outcomes for First People to promote social cohesion, reconciliation and address disadvantage. Some parts of the Act come into operation on 14 November 2025, but the majority comes into operation on 1 May 2026.
At the heart of the Act is the creation of Gellung Warl, a permanent, democratically elected statutory corporation that is designed to be a lasting institution within Victoria's democracy.
Gellung Warl is established as a body corporate, with the powers typical of such entities, including the ability to enter agreements, hold property, make grants and undertake charitable work.
Gellung Warl is not subject to Ministerial direction or control, ensuring its independence from the executive government. It is, however, a public authority for the purposes of the Charter of Human Rights and Responsibilities Act 2006 (Vic) and is subject to financial and integrity oversight.
Gellung Warl is comprised of three arms:
- First Peoples' Assembly of Victoria: the Assembly is the central decision-making forum for Victorian First Peoples, responsible for representing First Peoples in engagement with the Victorian Government and Parliament and leading further Statewide Treaty negotiations between Gellung Warl and the Victorian Government under the existing Treaty Negotiation Framework made in accordance with Part 5 of the Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic) (future statewide treaties may cover topics such as housing, health and justice).
- The Act provides for a self-determined electoral model, with the First Peoples' Assembly's structure and electoral rules designed to reflect Aboriginal Lore, Law and Cultural Authority. The Assembly is composed of general members (elected by eligible electors as defined in the Act) and reserved members (appointed by Traditional Owner groups).
The Assembly is responsible for maintaining its own electoral roll, conducting elections and appointments, and ensuring free, fair and inclusive participation. An independent Electoral Officer, appointed under the Treaty Authority and Other Treaty Elements Act 2022 (Vic), oversees the integrity of elections and plebiscites. - The Assembly is empowered to oversee the governance of Gellung Warl, set rules and standards for its operations and develop frameworks for community engagement and accountability.
- Nginma Ngainga Wara: this arm is tasked with monitoring and evaluating the state's performance in achieving outcomes for First Peoples, including the implementation of the Commission's recommendations and Closing the Gap targets. It conducts inquiries into systemic issues such as institutional racism and provides practical recommendations to the Victorian Government to improve First Peoples' outcomes.
- Nyerna Yoorrook Telkuna: this arm is responsible for non-judicial, self-determined truth-telling about historical events and their ongoing impacts, supporting healing for First Peoples and reconciliation in Victoria.
The Act expressly references UNDRIP as a guiding framework for reform and further treaty-making in Victoria. The Act's objects and principles reflect a commitment to the rights and standards set out in UNDRIP, including self-determination, equality and participation in decision-making.
Gellung Warl is established as a special measure to ensure First Peoples' equal enjoyment of human rights and fundamental freedoms, and the Act is intended to give effect to the rights and principles enshrined in UNDRIP throughout the treaty process.
The Act embeds new advisory and relational practices between the Assembly and both Parliament and the Victorian Government. This includes annual addresses to Parliament and formal processes for the Assembly to make submissions, request information and participate in the development of laws and policies affecting First Peoples.
Under the Act, the introduction of any new Bill into Parliament triggers a formal process to promote alignment with the Treaty. The Clerk of the House must notify the Assembly as soon as practicable after a Bill is introduced. The member of Parliament proposing the Bill must also prepare and table a Statement of Treaty Compatibility before the second reading speech, outlining whether the Assembly was consulted, the nature of that engagement and whether the Bill is compatible with advancing First Peoples’ rights to self-determination, addressing the disadvantage inflicted on First Peoples and ensuring First Peoples' equal enjoyment of human rights and fundamental freedoms. If the Bill affects internal or substantive rules relevant to the Assembly, the member introducing the Bill must ensure the Assembly is notified as soon as reasonably practicable after the Bill's second reading speech is delivered.
The Act also requires Victorian government departments and Victoria Police to develop consultation guidelines in partnership with the Assembly.
Relevance to business
For organisations with operations or activities in Victoria, both the Act and the Treaty signal a significant shift in expectations around engagement with First Peoples. The Commission's final interim report calls on the Victorian Government to incorporate UNDRIP into Victorian legislation and, notably, to support the adoption of UNDRIP principles by non-state entities (which potentially includes companies). The Act, with its general commitment to UNDRIP and its facilitation of the embedment of First Peoples' views in Victorian Government processes is a solid step toward achieving this recommendation. In this way, the Act may play a role in raising the benchmark for corporate conduct, cultural engagement and accountability within the state.
Corporate entities operating in Victoria, particularly those regulated in areas such as land, water and cultural heritage, should also prepare for potential changes as First Peoples’ perspectives increasingly inform legislative amendments.
The Federal Government has been closely monitoring the Yoorrook Justice Commission’s truth-telling process. It is expected that similar attention will be given to Victoria’s Treaty. At this stage, the Federal Government has not indicated any intention to introduce comparable mechanisms at a national level. However, for entities operating outside Victoria, the Statewide Treaty process and its emphasis on truth-telling and UNDRIP-aligned reform provide an indication of where best practice is heading. Companies are facing growing expectations from government bodies and stakeholders to align with UNDRIP principles, even in the absence of direct legislative requirements. The Act and the Treaty indicate that momentum continues for broader adoption of UNDRIP standards across Australia.
In practical terms, this means businesses may wish to consider proactively reviewing their engagement strategies, governance frameworks and risk management approaches to ensure they are prepared for a landscape in which UNDRIP alignment is, if not a legal obligation, reputationally significant.
Footnotes
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See recommendation 8.
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See recommendations 28–30.
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See recommendation 21.
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See recommendation 24.
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See recommendation 29.
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See recommendation 37(a)(i).
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See recommendation 43.
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See recommendation 44.
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See recommendation 91(b).
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See recommendation 92.
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See recommendation 93.
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See recommendation 100.