Indigenous treaties in Australia#Queensland

The objects of treaties between governments and Indigenous peoples may include:

• provision of practical rights and compensation
• initiation of a formal process of reconciliation between the group and government relating to past grievances
• providing a framework for some type of self-determination for individual peoples or groups

Research by the Harvard Project on American Indian Economic Development shows that self-determination is an essential component in redressing entrenched disadvantage.{{cite web | title= Advancing the Treaty Process with Aboriginal Victorians Bill 2018 | website= Parliament of Victoria | date= 7 March 2018 | url= https://www.parliament.vic.gov.au/publications/research-papers/download/36-research-papers/13861-advancing-the-treaty-process-with-aboriginal-victorians-bill-2018 | access-date= 21 July 2020}}

Many Aboriginal Australians have said that a treaty or treaties would bring them real as well as symbolic recognition, and national debate has occurred for many years on the topic, alongside related matters such as Indigenous recognition in the Australian Constitution, land rights, and programs aimed at reducing disadvantage such as Closing the Gap.{{citation needed|date=April 2021}} This type of treaty would involve a formal agreement which defines the relationship between government and First Nations peoples, and could include binding contracts on specific issues as well as practical measures relating to health and education.{{cite news |title= Australia moves towards Aboriginal treaties |url= https://www.bbc.com/news/world-australia-44392976 |access-date= 14 July 2019 |work= BBC News |agency= British Broadcasting Corporation |date= 8 June 2018}}

British colonial representatives negotiated treaties with Indigenous peoples in New Zealand and in Canada during early phases of settlement.{{cite news |date=14 December 2016 |title=What will Indigenous treaties mean? |work=ABC News |publisher=Australian Broadcasting Corporation |url=https://www.abc.net.au/news/2016-12-14/creation-of-indigenous-treaties-being-led-by-states/8119488 |access-date=14 July 2019 |quote=Australia is the only Commonwealth country that does not have a treaty with its Indigenous peoples and interestingly, the states are leading the charge, the ABC's editor of Indigenous affairs says.}} The Treaty of Waitangi was concluded in 1840 at time when the future Colony of New Zealand was then part of the Colony of New South Wales. British treaty-making in North America began as early as sixteenth century and continued until Canada gained self-government in 1867, after which time the Canadian federal government entered into the Numbered Treaties (1871 to 1921). Colonial treaties also featured in African history: a chief of Bonny (in present-day Nigeria) in 1860 explained that he refused a British treaty due to the tendency to "induce the Chiefs to sign a treaty whose meaning they did not understand, and then seize upon the country".

{{cite book | last1 = Isichei | first1 = Elizabeth Allo | author-link1 = Elizabeth Isichei | editor1-last = Isichei | editor1-first = Peter Uche | title = A History of Nigeria | year = 1983 | url = https://books.google.com/books?id=96ZzAAAAMAAJ | volume = 2 | location = London | publisher = Longman | publication-date = 1983 | page = 362 | isbn = 9780582643314 | access-date = 12 April 2021}}

Indigenous treaties have been discussed since the early years of the Australian colonies. In 1832 the Governor of Van Diemen's Land (now Tasmania), George Arthur remarked in the aftermath of the Black War in the colony that it was "a fatal error...that a treaty was not entered into with the natives". He recommended to the Colonial Office that, before the colonisation of South Australia, an understanding be reached with the Aboriginal peoples there, in a bid "to prevent a long-continued warfare".{{cite journal |last1=Hobbs|first1=Harry|last2= Williams|first2=George|title=The Noongar Settlement: Australia's First Treaty|journal=Sydney Law Review|volume= 40|number=1 | via=Australasian Legal Information Institute (AustLII) | date=1 March 2018 | url=http://classic.austlii.edu.au/au/journals/SydLawRw/2018/1.html | access-date=20 July 2020}} Notably, the Letters Patent establishing the Province of South Australia of 1836 (unlike the South Australia Act 1834, which it amended), included recognition of the rights of the Aboriginal peoples of South Australia.{{cite web|url=https://www.foundingdocs.gov.au/item-did-3.html|website=Museum of Australian Democracy|series=Documenting a democracy|title=Order-in-Council Establishing Government 23 February 1836 (UK)|access-date=16 November 2019}}[https://web.archive.org/web/20050713003709/http://www.foundingdocs.gov.au/item.asp?dID=3 Draft of the Order-in-Council Establishing Government 23 February 1836 (UK)], [https://web.archive.org/web/20050716075031/http://www.foundingdocs.gov.au/item.asp?sdID=37 National Archives of Australia]

The only pre-21st century attempt to negotiate a treaty with Indigenous Australians was what came to be known as Batman's Treaty. This was an agreement between John Batman, a pastoralist and businessman, and a group of Wurundjeri elders, for the purchase of land around Port Phillip, near the present site of MelbourneRichard Broome, pp10-14, Aboriginal Victorians: A History Since 1800, Allen & Unwin, 2005, {{ISBN|1-74114-569-4}}, {{ISBN|978-1-74114-569-4}} The so-called treaty was declared void on 26 August 1835 by the Governor of New South Wales, Richard Bourke,{{cite web | title=Governor Bourke's Proclamation 1835 (UK) | website=Documenting Democracy | url=https://www.foundingdocs.gov.au/item-did-42.html | access-date=20 July 2020|publisher= Museum of Australian Democracy}} which declared that all land within the colony belonged to the Crown and that it had the sole authority to dispose of it.{{cite news |title=The Batman Treaty |url=https://www.sbs.com.au/ondemand/video/647167555965/the-batman-treaty |access-date=14 July 2019 |work=SBS On Demand |publisher=Special Broadcasting Corporation |language=en}}{{cite web |title=Batman's treaty |url=http://ergo.slv.vic.gov.au/explore-history/colonial-melbourne/pioneers/batmans-treaty |website=Ergo |publisher=State Library of Victoria |access-date=15 July 2019}} While the Crown retains the right to dispose of any land under the doctrine of radical title, some inherent Indigenous rights to land have been recognised under native title law.

An Indigenous treaty was first promised by Prime Minister Bob Hawke in 1988 after receiving the Barunga Statement from Aboriginal elders, which called for such a treaty to be concluded. Despite public interest and growing support, concerns were raised over possible implications of such a treaty, such as financial compensation.{{cite news |title=Why doesn't Australia have an indigenous treaty? |url=https://www.bbc.com/news/world-australia-40024622 |access-date=14 July 2019 |work=BBC News |agency=British Broadcasting Corporation |date=24 May 2017}}

In 2017, Prime Minister Malcolm Turnbull rejected the proposal for an Indigenous voice to parliament, it being the first request of the Uluru Statement from the Heart, which also included a request for treaty.{{cite web | title=Indigenous Australian 'hearts broken' | website=BBC News | date=27 October 2017 | url=https://www.bbc.com/news/world-australia-41771842 | access-date=20 July 2020}}

With no progress made towards an Indigenous treaty at federal level (despite decades of debate), in the early 21st century a number of states and territories began treaty negotiations with their Indigenous peoples. The 2017 Uluru Statement from the Heart included the request: "We seek a Makarrata Commission to supervise a process of agreement-making between governments and First Nations and truth-telling about our history"{{cite web |url=https://www.referendumcouncil.org.au/final-report.html#toc-anchor-ulurustatement-from-the-heart |website=referendumcouncil.org.au|access-date=21 Jul 2018 |title= Uluru Statement from the Heart |publisher= Referendum Council| url-status=live| archive-url=https://web.archive.org/web/20190306043617/https://www.referendumcouncil.org.au/final-report.html| archive-date=6 March 2019}} (Makarrata being a Yolngu word for "a process of conflict resolution, peacemaking and justice"{{cite web |title=What is a Makarrata? It's more than a synonym for treaty |last=Pearson| first=Luke |url=http://www.abc.net.au/news/2017-08-10/makarrata-explainer-yolngu-word-more-than-synonym-for-treaty/8790452 |website=ABC News (Radio National)|publisher=Australian Broadcasting Corporation|date=10 August 2017 |access-date = 21 July 2020|url-status=live |archive-url=https://web.archive.org/web/20190605013143/https://www.abc.net.au/news/2017-08-10/makarrata-explainer-yolngu-word-more-than-synonym-for-treaty/8790452 | archive-date=5 June 2019}}).

In July 2019, Ken Wyatt, recently appointed to the new role of Minister for Indigenous Australians, gave an address to the National Press Club, in which he spoke of the theme of NAIDOC Week 2019: "Voice. Treaty. Truth.". He spoke of the development of a local, regional and national voice, and said "with respect to Treaty, it's important that states and territory jurisdictions take the lead. When you consider the constitution, they are better placed to undertake that work".{{cite web | title=National Press Club Address - 'Walking in Partnership to Effect Change'|first=Ken|last=Wyatt | website=Ministers Media Centre | url=https://ministers.pmc.gov.au/wyatt/2019/national-press-club-address-walking-partnership-effect-change | access-date=21 July 2020}}{{cite web | title=Indigenous constitutional recognition to be put to referendum in next three years, Minister promises |first=Dan |last=Conifer | website=ABC News| publisher=Australian Broadcasting Corporation | date=9 July 2019 | url=https://www.abc.net.au/news/2019-07-10/indigenous-constitutional-recognition-to-go-to-referendum-wyatt/11294478 | access-date=21 July 2020}}{{cite web | last=Wyatt | first=Ken | title=Ken Wyatt speech: Indigenous Australians Minister's historic pledge for recognition | website=The Sydney Morning Herald | date=10 July 2019 | url=https://www.smh.com.au/national/walk-with-me-australia-ken-wyatt-s-historic-pledge-for-indigenous-recognition-20190710-p525rx.html | access-date=21 July 2020}}

With the Victorian government's creation of a legal framework for Indigenous treaty negotiations in 2018 with their First Peoples' Assembly, the debate rose to prominence across Australia again, with impetus added by the June 2020 Black Lives Matter rallies across Australia.{{cite web |last1=Atkinson |first1=Geraldine |last2=Stewart |first2=Marcus |title=OPINION: Blak Lives Matter - Which is why we need Treaty |url=https://www.sbs.com.au/nitv/article/2020/06/04/opinion-blak-lives-matter-which-why-we-need-treaty |website=NITV |publisher=Special Broadcasting Service |access-date=4 September 2022 |language=en |date=4 June 2020}}{{cite web |last1=Jakubowicz |first1=Andrew |last2=Payne |first2=Anne Maree |last3=Thomas |first3=Archie |last4=Norman |first4=Heidi |title=The Black Lives Matter movement has provoked a cultural reckoning about how Black stories are told |url=https://theconversation.com/the-black-lives-matter-movement-has-provoked-a-cultural-reckoning-about-how-black-stories-are-told-149544 |website=The Conversation |date=11 November 2020 |access-date=4 September 2022 |language=en}}

{{As of |2022}}, there are no treaties between the federal or any state government in Australia in force.{{cite web |last1=Allam |first1=Lorena |title=What is an Indigenous treaty and how would it work in Australia? |url=https://www.theguardian.com/australia-news/2022/aug/21/what-is-an-indigenous-treaty-and-how-would-it-work-in-australia |website=The Guardian |publisher=Guardian News & Media Limited |access-date=4 September 2022 |language=en |date=20 August 2022}}

The Victorian government of Daniel Andrews was the first at state level to pass a legal framework for Indigenous treaty negotiations, in 2018, but there have been various moves made to instigate such a process in all states and territories in the 21st century.

Issues covered by an Indigenous treaty with a state government are likely to include health and education.

The New South Wales Labor party committed to funding and beginning treaty discussion as an election promise prior to winning government in March 2023.{{Cite news |date=2023-01-21 |title=NSW Labor commits to treaty consultations with Indigenous community if elected in March |url=https://www.abc.net.au/news/2023-01-21/nsw-labor-to-start-treaty-talks-indigenous-community-if-elected/101879496 |access-date=2023-08-30 |work=ABC News |language=en-AU}} David Harris has been appointed as minister for Aboriginal Affairs and Treaty.{{Cite news |last=Cross |first=Jarred |date=7 April 2023 |title=New NSW Minister for Aboriginal Affairs and Treaty lays out plans |url=https://nit.com.au/07-04-2023/5533/new-nsw-minister-for-aboriginal-affairs-and-treaty-lays-out-plans |url-status=live |archive-url=https://web.archive.org/web/20230410204504/https://nit.com.au/07-04-2023/5533/new-nsw-minister-for-aboriginal-affairs-and-treaty-lays-out-plans |archive-date=10 April 2023 |access-date= |work=National Indigenous Times}} However, Harry Hobbs has stated that he believes the government has become much more vaguer and uncommitted when talking about treaty, having become apprehensive following the failure of the Voice referendum. Three treaty commissioners have been appointed, to consult with Aboriginal New South Welshmen about their thoughts around treaty. A government website states the process "is likely to begin in early 2025".{{Cite web |last= |first= |date= |title=Consulting Aboriginal people on desire for a treaty process |url=https://www.nsw.gov.au/nsw-government/treaty-consultation |access-date=2025-03-06 |website=NSW Government |language=en-AU}}

{{see also|2019 Victorian First Peoples' Assembly election|First Peoples' Assembly}}

The Victorian government was the first at state level to pass a legal framework for Indigenous treaty negotiations, in 2018.{{cite news |last1=Afshariyan |first1=Nkayla |date=7 June 2018 |title=Australia's first Aboriginal treaty negotiations passed in Victoria |url=https://www.abc.net.au/triplej/programs/hack/9846618 |access-date=15 July 2019 |work=triple j |publisher=Australian Broadcasting Corporation |language=en}} In 2018, The Victorian Liberal Party opposed a state-based Indigenous treaty, stating that a federal treaty would be more appropriate. Opposition politician Bernie Finn also stated that since Aboriginal Victorians were Victorian citizens, the state would be making an Indigenous treaty with itself, an argument rejected by the government.{{cite news |last1=Wahlquist |first1=Calla |date=21 June 2018 |title=Victoria passes historic law to create Indigenous treaty framework |url=https://www.theguardian.com/australia-news/2018/jun/22/victoria-passes-historic-law-to-create-indigenous-treaty-framework |access-date=15 July 2019 |work=The Guardian}} By 2022 the Victorian Liberal Party supported treaty.{{Cite web |last=Ilanbey |first=Sumeyya |date=2022-06-21 |title=Opposition backs next step to treaty with Indigenous Victorians |url=https://www.theage.com.au/politics/victoria/opposition-backs-next-step-to-treaty-with-indigenous-victorians-20220621-p5avdl.html |access-date=2024-08-26 |website=The Age |language=en}}{{Cite news |last=Kolovos |first=Benita |date=2022-06-21 |title='Woke tokenism': Victorian MP Tim Smith to defy Liberal party support for treaty authority |url=https://www.theguardian.com/australia-news/2022/jun/21/woke-tokenism-victorian-mp-tim-smith-to-defy-liberal-party-support-for-treaty-authority |access-date=2024-08-26 |work=The Guardian |language=en-GB |issn=0261-3077}}

On 3 July 2018, the government passed the first Australian treaty law, the Advancing the Treaty Process with Aboriginal Victorians Act 2018,{{cite web |last=Korff |first=Jens |date=20 July 2020 |title=Aboriginal timeline: Treaty |url=https://www.creativespirits.info/aboriginalculture/history/australian-aboriginal-history-timeline/treaty?page=3 |access-date=20 July 2020 |website=Creative Spirits |language=pl}} effective 1 August 2018.{{cite web |date=14 February 2020 |title=Advancing the Treaty Process with Aboriginal Victorians Act 2018 |url=https://www.legislation.vic.gov.au/in-force/acts/advancing-treaty-process-aboriginal-victorians-act-2018/001 |access-date=21 July 2020 |website=Victorian legislation}} The ultimate goal of a partnership between the Victorian government and Aboriginal communities "is to achieve reconciliation and justice for Aboriginal communities", and the Act enshrines such a partnership in law.

The 2019 Victorian First Peoples' Assembly election was held to choose the representatives for Aboriginal and Torres Strait Islander people in Victoria.{{cite web |last=Rollason |first=Bridget |date=16 September 2019 |title=Victorian treaty negotiations move closer as voting opens for First Peoples' Assembly |url=https://www.abc.net.au/news/2019-09-16/victorian-treaty-negotiations-closer-as-assembly-vote-opens/11516498 |access-date=18 July 2020 |work=ABC News}}{{cite web |author=Australian Associated Press |date=16 September 2019 |title=Voting opens for representatives to Victoria's First Peoples' Assembly |url=https://www.theguardian.com/australia-news/2019/sep/16/voting-opens-for-representatives-to-victorias-first-peoples-assembly |access-date=18 July 2020 |work=The Guardian}}{{cite web |date=24 November 2019 |title=About |url=https://www.firstpeoplesvic.org/about/ |access-date=18 July 2020 |website=First Peoples' Assembly of Victoria |archive-date=10 August 2020 |archive-url=https://web.archive.org/web/20200810192049/https://www.firstpeoplesvic.org/about/ |url-status=dead }} only 7% of the eligible voters turned out to vote.{{Cite web |last=Towell |first=Noel |date=2019-11-10 |title=Historic vote, but only 7 per cent turned out for Aboriginal poll |url=https://www.theage.com.au/politics/victoria/historic-vote-but-only-7-per-cent-turned-out-for-aboriginal-poll-20191110-p5395o.html |access-date=2019-12-31 |website=The Age |language=en}}

On 16 August 2022, The Victorian Legislative Council voted 31 votes to three for the Treaty Authority and Other Treaty Elements Bill 2022. The 3 who voted against the bill were the two Liberal Democrats Tim Quilty and David Limbrick and former Liberal turned Democratic Labour Bernie Finn.{{Cite web |last=Ilanbey |first=Sumeyya |date=2022-08-16 |title='Amazing day': Bill to set up Treaty Authority passes state parliament |url=https://www.theage.com.au/politics/victoria/amazing-day-bill-to-set-up-treaty-authority-passes-state-parliament-20220816-p5ba44.html |access-date=2024-08-26 |website=The Age |language=en}}

On January 21 2024, the Victorian Liberal and National opposition announced that they would be withdrawing its support for treaty, reversing their previous support for the proposal.{{Cite news |last1=Kolovos |first1=Benita |last2=Ore |first2=Adeshola |date=2024-01-22 |title=Treaty could make people 'feel more divided', Victorian opposition leader says, as Coalition withdraws support |url=https://www.theguardian.com/australia-news/2024/jan/22/victoria-opposition-drops-support-for-indigenous-treaty |access-date=2024-08-26 |work=The Guardian |language=en-GB |issn=0261-3077}}{{Cite news |date=2024-01-21 |title=Victorian treaty bipartisanship ruptures as opposition withdraws its support |url=https://www.abc.net.au/news/2024-01-22/victorian-opposition-withdraws-support-aboriginal-treaty/103374182 |access-date=2024-08-26 |work=ABC News |language=en-AU}}{{Cite web |title=The Victorian opposition has backflipped over its support for the state's treaty process |url=https://www.sbs.com.au/nitv/article/the-victorian-opposition-has-backflipped-over-its-support-for-the-states-treaty-process/9i5qz570y |access-date=2024-08-26 |website=NITV |language=en}}{{cite news |last1=Love |first1=Simon |last2=Roulston |first2=Amy |date=21 January 2024 |title='We don’t believe we should proceed with Treaty': Leader of Nationals confirms Coalition U-turn on support for Treaty in Victoria |url=https://www.skynews.com.au/australia-news/politics/we-dont-believe-we-should-proceed-with-treaty-leader-of-nationals-confirms-coalition-uturn-on-support-for-treaty-in-victoria/news-story/310d54e27b55a0c43fb587ebed8a7163 |work=Sky News |location= |access-date=8 September 2024}}

In 2019 the Queensland government of Annastacia Palaszczuk announced its interest in pursuing a pathway to an Indigenous treaty process.{{cite news |last1=Siganto |first1=Talissa |date=14 July 2019 |title='Long time coming': Queensland commits to Indigenous treaty process |url=https://www.abc.net.au/news/2019-07-14/queensland-government-indigenous-treaty-process-promise/11307682 |access-date=14 July 2019 |work=ABC News |publisher=Australian Broadcasting Corporation |language=en-AU}} The Treaty Working Group and Eminent Treaty Process Panel were set up, with Jackie Huggins and Michael Lavarch co-chairing the Eminent Panel. Their Path to Treaty Report was tabled in Queensland Parliament in February 2020 after they had consulted widely, across more than 1,700 Queenslanders and 24 communities between July 2019 and early 2020,{{cite web |last=Smith |first=Douglas |date=10 February 2020 |title=QLD Government receives treaty recommendations after months of consultations |url=https://www.sbs.com.au/nitv/article/2020/02/10/qld-government-receives-treaty-recommendations-after-months-consultations |access-date=14 August 2020 |website=NITV |publisher=SBS}} and presented to Deputy Premier, Treasurer and Minister for Aboriginal and Torres Strait Islander Partnerships Jackie Trad. Huggins said that a process of truth-telling, acknowledging the history of Australia, is a "vital component to moving on".{{cite web |date=10 February 2020 |title=Truth-telling guides next steps on Queensland's historic Path to Treaty |url=https://www.miragenews.com/truth-telling-guides-next-steps-on-queensland-s-historic-path-to-treaty/ |access-date=14 August 2020 |website=Mirage News}}

On 13 August 2020, Premier Palaszczuk announced that the government would be supporting the recommendation to move forward on a Path to Treaty with First Nations Queenslanders. She said that the Treaty Advancement Committee would provide independent advice on the implementation of the panel's recommendations.{{cite web |last1=Palaszczuk |first1=Annastacia |last2=Crawford |first2=Craig |date=13 August 2020 |title=Queensland Government's historic commitment to Treaty-making process |url=https://statements.qld.gov.au/statements/90413 |access-date=14 August 2020 |website=Queensland Cabinet and Ministerial Directory}} 50x50px Text was copied from this source, which is available under a Attribution 4.0 International (CC BY 4.0) licence.

In 2023 the Queensland Parliament passed the Path to Treaty Act 2023 (Qld), which established the First Nations Treaty Institute, an independent statutory body to assist First Nations prepare for the upcoming treaty process. The act also created the Truth-telling and Healing Inquiry, to record and report on the impact of colonisation on Indigenous Queenslanders.{{Cite web |last=Queensland Government |date=22 February 2023 |title=Where are we up to? {{!}} Queensland's Path to Treaty |url=https://www.qld.gov.au/firstnations/treaty/queensland-path-to-treaty/progress |url-status=live |archive-url=https://web.archive.org/web/20230830063523/https://www.qld.gov.au/firstnations/treaty/queensland-path-to-treaty/progress |archive-date=30 August 2023 |access-date= |website=Queensland Government |language=en}} The bill passed with bipartisan support. The only 4 who voted against it, were the MPs from the Katter's Australian Party and One Nation who voted to reject it.{{Cite news |date=2023-05-11 |title=Queensland begins historic 'Path to Treaty' as bill passes with bipartisan support |url=https://www.abc.net.au/news/2023-05-11/path-to-treaty-bill-passes-in-parliament-queensland/102303098 |access-date=2024-08-26 |work=ABC News |language=en-AU}}

On 19 October 2023, a few days after the 2023 Australian Indigenous Voice referendum the opposition Liberal National Party of Queensland (LNP) leader David Crisafulli announced that they would be withdrawing its support for treaty, reversing their previous support for the proposal.{{cite web |last=Gillespie |first=Eden |date=18 October 2023 |title=Queensland LNP abandons support for treaty with First Nations people |url=https://www.theguardian.com/australia-news/2023/oct/19/queensland-lnp-abandons-support-for-treaty-with-first-nations-people |access-date=20 October 2023 |website=The Guardian}}{{cite web |last=Riga |first=Rachel |date=18 October 2023 |title=Queensland Opposition Leader David Crisafulli says Path to Treaty 'will only create further division', retracts support for laws |url=https://www.abc.net.au/news/2023-10-19/david-crisafulli-backflips-on-path-to-treaty-support-queensland/102984166 |access-date=20 October 2023 |website=ABC News}}{{cite web |date=30 November 2021 |title=LNP flips on support for treaty |url=https://www.theaustralian.com.au/nation/indigenous/queensland-lnp-flips-on-support-for-indigenous-treaty/news-story/74219eafa2f25e58befb099516381851 |url-access=subscription |access-date=20 October 2023 |website=The Australian}}

The opposition Liberal National Party of Queensland (LNP) won the 2024 Queensland state election and repealed the Path to Treaty Act 2023 while also directing that the Truth-telling and Healing Inquiry end.

As of January 2024, Western Australia is the only jurisdiction without a formal treaty process ongoing. However, in 2015 the Western Australian Government of Colin Barnett signed a $1.3 billion native title settlement with the Noongar people,{{cite news |last1=Poloni |first1=Gian De |date=8 June 2015 |title=WA Premier signs $1.3 billion Noongar native title deal |url=https://www.abc.net.au/news/2015-06-08/premier-signs-noongar-native-title-settlement/6530434 |access-date=14 July 2019 |work=ABC News |publisher=Australian Broadcasting Corporation |language=en-AU}} which was described by deputy opposition leader Roger Cook as "a classic treaty",{{cite web |last1=Hobbs |first1=Harry |date=19 December 2016 |title=Will treaties with Indigenous Australians overtake constitutional recognition? |url=https://theconversation.com/will-treaties-with-indigenous-australians-overtake-constitutional-recognition-70524 |access-date=14 July 2019 |website=The Conversation |language=en}} and Ken Wyatt called it "a treaty in the true sense".

The comprehensive South West Native Title Settlement aims to resolve native title claims in exchange for statutory recognition of the Noongar people as the traditional owners of South-Western Australia.{{cite web |last=Cawthorn |first=Michael |date=22 November 2017 |title=Traditional Owner Corporations |url=https://nativetitle.org.au/learn/native-title-and-pbcs/traditional-owner-corporations |access-date=30 July 2020 |website=PBC}} {{as of|2020}} it is the largest native title settlement in Australian history, affecting about 30,000 Noongar People and encompassing around {{convert|200,000|km2|abbr=on}} in south-western Western Australia. It has been described as "Australia's first treaty" by legal academics Harry Hobbs and George Williams.{{cite web |title=Settlement Agreement |url=http://www.noongar.org.au/settlement-agreement |archive-url=https://web.archive.org/web/20161016111654/http://www.noongar.org.au/settlement-agreement/ |url-status=dead |archive-date=16 October 2016 |access-date=31 July 2020 |website=South West Aboriginal Land and Sea Council }}{{Cite journal |last1=Hobbs |first1=Harry |last2=Williams |first2=George |date=2018 |title=The Noongar Settlement: Australia's First Treaty |url=https://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/SydLawRw/2018/1.html |journal=Sydney Law Review}} Hobbs later described these agreements as a "small 't' treaties" as while not negotiated though a formal treaty process, many of the outcomes are similar to those that would result from that process.

By 2018, WA had announced plans to establish an Aboriginal representative body in the state.

In 2016 the South Australian government of Jay Weatherill announced it intended to negotiate up to 40 treaties with Indigenous groups across the state, and that $4.4 million would be set aside over five years for the purpose.{{cite news |author1=Australian Associated Press |date=14 December 2016 |title=SA government aims to sign treaty with Indigenous Australians within 12 months |url=https://www.theguardian.com/australia-news/2016/dec/14/sa-government-aims-to-sign-treaty-with-indigenous-australians-within-12-months |access-date=15 July 2019 |work=The Guardian}} In December 2016, talks began between the government and three Aboriginal nations: the Ngarrindjeri, Narungga, and Adnyamathanha peoples. Following the July 2017 report of the South Australian Treaty Commissioner, negotiations began. In February 2018, the Buthera Agreement was signed with the Narungga nation, of the Yorke Peninsula.{{cite web |date=11 September 2019 |title=Treaty in South Australia |url=https://antar.org.au/stories/treaty-south-australia |access-date=20 July 2020 |website=ANTaR}}

Following the Weatherill government's defeat in the 2018 state election, incoming premier Steven Marshall paused the treaty negotiation process begun by Weatherill, stating he wanted to focus on "practical outcomes".{{cite news |last1=Wahlquist |first1=Calla |date=30 April 2018 |title=South Australia halts Indigenous treaty talks as premier says he has 'other priorities' |url=https://www.theguardian.com/australia-news/2018/apr/30/south-australia-halts-indigenous-treaty-talks-as-premier-says-he-has-other-priorities |access-date=14 July 2019 |work=The Guardian}}{{cite news |last1=Kurmelovs |first1=Royce |date=12 December 2018 |title=SA's Aboriginal Affairs Action Plan slammed as 'collection of dot points' |url=https://www.sbs.com.au/nitv/article/2018/12/12/sas-aboriginal-affairs-action-plan-slammed-collection-dot-points |access-date=15 July 2019 |work=NITV News |publisher=Special Broadcasting Service |language=en}}

In 2022 a Labor government was returned to office, with Premier Peter Malinauskas committing to restart the treaty process.{{Cite web |title=What SA's new govt wants to achieve in Aboriginal affairs |url=https://www.sbs.com.au/nitv/article/what-sas-new-govt-wants-to-achieve-in-aboriginal-affairs/he86hybpq |access-date=2023-08-30 |website=NITV |language=en}} Under Malinauskas, who appointed Kyam Maher as Minister for Aboriginal Affairs and Attorney-General of South Australia, SA became the first state in the country to legislate a state-based Voice to Parliament in 2023. In late May 2025, South Australian Aboriginal leaders, including Melissa Clarke, one of the signatories to the Uluru Statement, called on the government to restart the process; however, Maher said that while the government was still committed to restarting negotiations, it was unlikely to get any agreements signed before the next election, nine months away. He said that the was considering the model adopted by Victoria, as well as others in Canada and New Zealand.{{cite web | last=Richards | first=Stephanie | title=SA First Nations communities ‘waiting, prepared’ to restart treaty process | website=ABC News | date=1 June 2025 | url=https://www.abc.net.au/news/2025-06-02/sa-treaty-process-update/105352570 | access-date=2 June 2025}}

On Australia Day in 2015, the Tasmanian Greens called for a formal treaty to be negotiated between the Tasmanian Government and the Tasmanian Aboriginal community.{{cite web |date=26 January 2015 |title=Call for Tasmanian Aboriginal Treaty |url=https://tasmps.greens.org.au/media-release/call-tasmanian-aboriginal-treaty |access-date=20 July 2020 |website=Tasmanian Greens MPs}} Michael Mansell, chair of the Aboriginal Land Council of Tasmania, said in August 2019 that non-Indigenous people need not fear a treaty, as it would "simply be an expression of true democracy and self-determination". At that point, only {{convert| 300|km2|abbr=on}} of the {{convert|67,000|km2|abbr=on}} of Tasmania had been returned under the Aboriginal Lands Act 1995 (Tas). He said that returning a few key areas of uninhabited wilderness which was now Crown land would mean jobs for Aboriginal people.{{cite web |last=Holmes |first=Adam |date=7 August 2019 |title=Tasmania treaty talks: Michael Mansell's vision for treaty, land return, GDP allocation, land access and seats in Parliament |url=https://www.canberratimes.com.au/story/6314983/tasmanian-treaty-michael-mansell-outlines-future-vision/ |access-date=20 July 2020 |website=The Canberra Times}}

In June 2020, Mansell and Greg Brown, Tasmanian Aboriginal Corporation board member, had their first meeting with Premier Peter Gutwein, and raised the matter of a treaty.{{cite web |last=Maunder |first=Sarah |date=10 June 2020 |title=Aboriginal leaders in Tasmania broach treaty discussions with state government |url=https://www.sbs.com.au/nitv/article/2020/06/10/aboriginal-leaders-tasmania-broach-treaty-discussions-state-government |access-date=20 July 2020 |website=NITV}} Mansell had been heartened by the support shown for Aboriginal issues across Australia in the Black Lives Matter protests sparked by the death of US man George Floyd, and spoke at the Launceston rally of the need for a Treaty Commission.{{cite web |last=Bailey |first=Sue |date=8 June 2020 |title=Aboriginal leader Michael Mansell has been overwhelmed by support at Black Lives Matter rallies |url=https://www.theadvocate.com.au/story/6785612/aboriginal-community-to-push-for-treaty-in-first-meeting-with-premier/ |access-date=20 July 2020 |website=The Advocate}}

In 2021, Premier Peter Gutwein announced the beginning of a treaty and truth telling process, beginning with consultations with the State's Aboriginal population.{{Cite news |date=2021-06-22 |title=Timetable for the 'truth' about island's bloody past to be told |url=https://www.abc.net.au/news/2021-06-23/tasmanian-aboriginal-truth-telling-treaty-discussions/100235634 |access-date=2023-08-30 |work=ABC News |language=en-AU}} An Aboriginal Advisory Group held its first meeting in February 2023.{{Cite news |date=2023-05-28 |title=Eighteen months after a report urged truth-telling in Tasmania, has anything changed? |url=https://www.abc.net.au/news/2023-05-29/tasmanian-progress-towards-aboriginal-treaty-explained/102403316 |access-date=2023-08-30 |work=ABC News |language=en-AU}} However, certain Indigenous groups have described their distrust of the government and have alleged that the government 'only willing to listen to six people as part of their government-selected group'. The issue of deciding who should be counted as Aboriginal for the purpose of treaty negotiation is yet to be decided, with many Aboriginal people expressing anger and frustration with what they believe are a greater number of people falsely claiming Aboriginal status and what they believe is government encouragement of this practice.{{Cite news |date=2021-11-25 |title='We've been made visible': Aboriginal Tasmanians celebrate first steps to treaty |url=https://www.abc.net.au/news/2021-11-25/tas-aboriginal-treaty-report-calls-for-truth-telling-process/100649398 |access-date=2023-08-30 |work=ABC News |language=en-AU}} The treaty process was abandoned by the government in May 2025.{{cite web |last=Gibson |first=Jano |last2=Barraclough |first2=Ashleigh |title=Tasmanian government to fund truth-telling commissioners but drop treaty process |website=ABC News |date=27 May 2025 |url=https://www.abc.net.au/news/2025-05-28/tasmanian-government-abandons-aboriginal-treaty-process/105344482 |access-date=31 May 2025}}

In 2018 the Northern Territory Government of Michael Gunner pledged to undertake a treaty process with Indigenous peoples of the Territory, including the appointment of an Independent Treaty Commissioner to oversee negotiations.{{cite news |last1=Wellington |first1=Shahni |title=Indigenous treaty a step closer after NT Government's historic pledge |url=https://www.abc.net.au/news/2018-06-08/indigenous-treaty-a-step-closer-after-nt-government-pledge/9848856 |access-date=14 July 2019 |work=ABC News |publisher=Australian Broadcasting Corporation |date=8 June 2018 |language=en-AU}} In June 2018 Gunner signed the "Barunga agreement", a memorandum of understanding committing his Government to negotiate with the Territory's four Aboriginal land councils over the next three years to develop a treaty process.{{cite news |last1=Allam |first1=Lorena |title=NT signs historic Barunga agreement to begin Indigenous treaty talks |url=https://www.theguardian.com/australia-news/2018/jun/08/nt-signs-historic-barunga-agreement-to-begin-indigenous-treaty-talks |access-date=15 July 2019 |work=The Guardian |date=8 June 2018}}

The process will be overseen by an independent treaty commissioner, who in the first stage will undertake consultations for one year with the Indigenous communities to gauge their interest in a treaty. In the second stage, a public discussion paper will be released, translated into major Aboriginal languages for consultation and feedback. A final report will then be tabled in the Northern Territory Legislative Assembly within 18 months of stage one's completion.

On 4 March 2019, Mick Dodson was appointed Treaty Commissioner, agreed by all four NT land councils and the Minister. He is tasked with presenting a final report within 2.5 years. The Treaty Commission, in a discussion paper published in July 2020, has said: "Some of our Elders are very old ... the process of truth-telling must begin as soon as possible. It is urgent". Truth-telling is an essential step, and must take place before the negotiations for treaty get under way, which can take a long time. Because the NT is not a state, treaties negotiated with the NT Government could be overruled by the Federal Government, thereby limiting their effectiveness. There are also challenges in cases where traditional owners' lands extend across state borders, and where members and descendants of the Stolen Generations have not been able to find who their people are and therefore may not qualify as First Nations people. The Treaty Commissioner would be handing his report to the Chief Minister in 2022, after which negotiations would begin.{{cite web | title=NT Treaty Commission eyes 2022 submission of final report with consultations to commence |first=Cameron |last=Gooley | website=ABC News|publisher=Australian Broadcasting Corporation | date=15 July 2020 | url=https://www.abc.net.au/news/2020-07-16/nt-treaty-commissioner-mick-dodson-releases-discussion-paper/12459072 | access-date=27 August 2020}}

In 2023, the Commission was abolished, with the Territory government arguing that further time and consultation was needed before moving forward on treaty.{{Cite news |last=Bardon |first=Jane |date=2023-01-20 |title=Northern Territory Indigenous leader Yingiya Guyula angered by government's decision to close NT Treaty Commission |url=https://www.abc.net.au/news/2023-01-20/nt-treaty-commission-closed-indigneous-leaders-angry/101875986 |access-date= |work=ABC News (Australia) |language=en-AU}} The government denied that it was no longer acting on treaty issues, with directly government treaty symposia held in April 2024.{{Cite news |last=Garrick |first=Matt |date=2024-01-18 |title=NT government to revive plans for treaty, six years after it was first promised by Territory Labor |url=https://www.abc.net.au/news/2024-01-19/nt-government-revive-plans-treaty-voice-referendum/103364638 |access-date= |work=ABC News (Australia) |language=en-AU}}{{Cite web |date=2024-04-29 |title=NT Treaty Symposia |url=https://aboriginalaffairs.nt.gov.au/our-priorities/treaty/nt-treaty-symposia |access-date= |website=Office of Aboriginal Affairs |publisher=Northern Territory Government |language=en}}

The NT opposition Country Liberal Party (CLP) ended the treaty process after winning government in 2024.{{cite news|url=https://www.abc.net.au/news/2023-10-25/nt-opposition-rejects-treaty-commits-to-local-government-reform/103015710|title=NT opposition rejects treaty plans, commits to wide-scale reform of remote councils|author= |date=25 October 2023|work=ABC|access-date=1 November 2024}}{{cite news|url=https://nit.com.au/26-10-2023/8336/nt-opposition-says-they-will-oppose-treaty|title=NT opposition says they will oppose Treaty|author= |date=26 October 2023|work=NIT|access-date=1 November 2024}}{{URL| https://www.abc.net.au/news/2025-02-11/nt-clp-government-scraps-treaty-process/104918700}}

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

{{reflist}}

• {{cite web | title=The lack of treaty: Getting to the heart of the issue. | website=Australians Together | url=https://australianstogether.org.au/discover/the-wound/the-lack-of-treaty/ }}

{{Indigenous Australians}}

I

T

T

A