Victoria’s Treaty Remains Legally Binding Despite Potential Repeal of Enabling Legislation
Political promises to scrap treaty laws cannot unilaterally dissolve the underlying foundational agreement.
1The Cultural Assent Foundation
The Victorian treaty represents a profound social policy shift, marked by cultural assent rather than just legislative action. Ngarra Murray and other First Peoples’ Assembly members placed their handprints on kangaroo skin, signifying a sacred covenant. This agreement establishes a new relationship between the state and Aboriginal people, transcending simple political mandates.
2Legislative Repeal Versus Agreement
Opposition leader Jess Wilson has pledged to repeal the Statewide Treaty Act within her first 100 days if elected. While a government holds the power to dismantle statutory frameworks and funding mechanisms, experts argue they cannot unilaterally unmake the underlying agreement. The treaty exists independently of the legislation that provides its funding.
3Financial and Political Context
The Parliamentary Budget Office estimates that dismantling the treaty framework would save the state $247.8 million over four years. Conversely, the Coalition has pledged $5 billion for road infrastructure. This fiscal contrast highlights the treaty's prominence in the current election, where it faces intense scrutiny from various political factions and voters.
4Electoral Tension in Kew
In the electorate of Kew, Jess Wilson faces pressure from both sides regarding her stance on the treaty. Activist groups like Common Threads are highlighting the gap between her repeal pledge and the progressive views of traditional Liberal voters. Meanwhile, One Nation is pressuring the party to ensure the treaty is abolished.
5Lessons from New Zealand
The Treaty of Waitangi serves as a global precedent for Victoria’s situation. Despite nearly two centuries of contestation and various government attempts to push the agreement aside, the treaty remains a potent force. Former minister Kelvin Davis notes that ignoring such agreements carries significant long-term risks for any governing administration.
6The Power of Spiritual Authority
The Treaty of Waitangi stands on its own mana, or spiritual authority, which persists regardless of parliamentary law changes. In New Zealand, governments that attempted to hide or ignore the treaty eventually faced massive costs to rectify broken commitments. This historical trajectory suggests that Victoria’s treaty will likely maintain its political leverage.
7Defining Gellung Warl
Gellung Warl is the principal architecture of the Victorian treaty, housing the First Peoples’ Assembly and truth-telling commissions. Established by the Statewide Treaty Act, it guarantees over $70 million in annual funding. While the Act includes provisions for its own abolition, it requires a formal consultation process with the First Peoples’ Assembly.
8Legal Teeth and Political Leverage
Dr. Carwyn Jones notes that while courts often require legislation to give treaties legal teeth, agreements retain potency even without it. If a parliament refuses to pass or repeals treaty laws, the agreement itself continues to create political obligations. These commitments provide ongoing leverage for First Peoples to hold the government accountable.
9The Role of Public Advocacy
The Together for Treaty campaign is actively engaging voters in marginal seats like Hawthorn and Kew. With over 10,000 active participants, the movement aims to educate the public on the consequences of repealing the treaty. Activists argue that many voters are unaware of the opposition's specific plans to dismantle the current framework.
10Self-Determination as a Goal
For Aboriginal communities, the treaty is a vehicle for self-determination and improved socio-economic outcomes. Supporters argue that the alternative—continuing past policy failures—imposes a higher financial burden on the state through hospitals and prisons. The treaty is framed as a constructive path forward rather than a gift to one group.
11Long-term Societal Implications
Ultimately, the Victorian treaty represents a foundational document that seeks to address the wrongs of colonization. Whether or not a future government repeals the enabling legislation, the agreement remains a moral and social reality. The treaty’s spirit and intent will continue to influence the relationship between the state and First Peoples.