1. The Statewide Treaty Bill would divide Victorians by race
Establishing a race-based third chamber of parliament will permanently divide Victorians by asserting that one race-based group is legally and politically more important than the others. The Statewide Treaty Bill 2025 will:
Recognise the "unique status" of Indigenous Australians, acknowledging that Indigenous Victorians "maintain their sovereignty has never been ceded" (Preamble).
Make the First Peoples' Assembly of Victoria a permanent body reserved for Indigenous Victorians (Part 3).
Set up a permanent truth-telling body to "facilitate truth-telling about historical events, including any continuing impacts" which will perpetuate division based on claimed historical "ongoing and intergenerational impacts" (Clauses 118 to 120).
2. The Statewide Treaty Bill would establish a new fourth branch of governmentThe Statewide Treaty Bill would establish Gellung Warl, the name of a parallel and separate system of legal and political representation that would undermine parliamentary sovereignty. The Statewide Treaty Bill 2025 will:
Empower the permanent First People's Assembly of Victoria (FPAV) to make "substantive rules" (Part 4) and appoint office-holders (Clauses 50 and 51).
Empower the FPAV to appoint a body to evaluate the state government in eliminating "institutional racism, discrimination, unconscious bias, and embedding of cultural safety" and to haul ministers and senior officials, including the Chief Commissioner of Victoria Police, before it for questioning (Clauses 92 to 94).
Grant Gellung Warl unilateral powers to refer any matter to 23 other agencies, including the Department of Public Prosecutions and Royal Commissions (Clause 113). It could also refer a matter to the state's anti-corruption agency, which would be required to report to the FPAV, rather than parliament (Clauses 265 and 267).
Remove parliament's ability to control spending by setting up guaranteed funding for Gellung Warl's activities, which escalate dramatically from $3 million to over $72 million, with subsequent years automatically increasing by 2.5 per cent every year (Clause 144).
Compromise the independence of oversight bodies like IBAC and the Ombudsman by forcing them to develop "cultural safety guidelines and procedures" in consultation with the FPAV, meaning integrity bodies will need to coordinate their activities with institutions they are tasked with investigating, and creating different standards based on race (Part 21).
3. The Statewide Treaty Bill would diminish your vote and representation in parliamentGellung Warl would have unlimited scope to intervene on any matter, including the right to address parliament and ministers directly and pressure government to respond to its advice. The Statewide Treaty Bill 2025 will:
Grant Gellung Warl the power to "do all things that are necessary or convenient to be done" for or in connection with the performance of its functions (Clause 12).
Ensure Gellung Warl is not subject to the direction or control of the Minister in respect of the performance of its functions and the exercise of its powers (Clause 13).
Require the First Peoples Assembly to be notified "when any Bill is introduced in the Parliament" (EM p.36, Clause 65), and empower the FPAV to make "representations and advice to state government" (Part 8) and issue reports to Parliament advising certain actions to be taken, which require a response from each Minister (Clause 74).
4. The Statewide Treaty Bill would undermine equality in electionsThe Statewide Treaty Bill would establish a race-based electoral system that would allow some Victorians to have two votes because of their identity. The Statewide Treaty Bill 2025 will:
Allow 16-year-olds to register to vote (Schedule 2, Clause 5) as well as any Aboriginal or Torres Strait Islander person residing in Victoria, who has been in Victoria for at least 3 of the 5 years prior to registration.
Make all Victorians liable to pay for the operations of Gellung Warl, while only some Victorians will be able to vote.
5. The Statewide Treaty Bill is an untested and unprecedented risk that would result in reparation payments and endless legal challengesThe Statewide Treaty Bill establishes the structure for further treaty negotiations to take place, which would subject Victorians to potentially endless litigation and compensation payments. The Statewide Treaty Bill 2025 will:
Require future treaties to be negotiated in a manner "consistent with the principles articulated in the United Nations Declaration on the Rights of Indigenous Peoples" (UNDRIP).
In line with the Yoorrook Justice Commission's proposals, endorse the UNDRIP principles including restitution of traditional lands, monetary compensation, and tax relief.