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Treaty cannot be unmade by repeal alone, warns Indigenous leader as Victorian election nears

Ngarra Murray says the cultural agreement between First Peoples and the state survives any legislative change

By LineZotpaper
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Sources4 outlets
As Victorians prepare to head to the polls, the state's historic treaty with First Peoples has become a central election issue. But Ngarra Murray, who co-chaired the First Peoples' Assembly when the treaty was signed, argues that even if the Coalition wins and repeals the treaty laws within 100 days as promised, the underlying cultural agreement cannot be erased. "They can repeal the legislation but they can't repeal the reason why we did it," she said.

Less than a year ago, at Melbourne's John Cain Arena, members of the First Peoples' Assembly placed their ochre-stained hands on a kangaroo skin alongside then premier Jacinta Allan and treaty minister Natalie Hutchins. The handprint ceremony marked the cultural assent for Victoria's treaty, the first of its kind between First Peoples and the Crown in Australia.

But with the state election approaching, the Coalition has pledged to dismantle the treaty's legislative framework within its first 100 days if elected. According to the Parliamentary Budget Office, this would save the state budget $247.8 million.

Ngarra Murray, now retired from the assembly, insists the treaty's authority goes beyond the written law. She points to the kangaroo skin as evidence of a binding agreement made in good faith.

"Only the people who put their handprints on that treaty can undo that relationship," Murray said. "That is an agreement we made in good faith with the state. They can repeal the legislation but they can't repeal the reason why we did it."

The treaty, which occupies a prominent place in the election campaign, affects a population that, according to the last census, makes up just 1 per cent of Victoria's residents.

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Analysis

Why This Matters

  • The treaty represents a historic step in Indigenous-state relations in Australia, and its potential repeal could set a precedent for other jurisdictions.
  • The outcome of the Victorian election will determine whether the treaty's legislative framework survives, but the cultural dimension means the issue may persist regardless of the result.
  • If the Coalition wins, the first 100 days could see a legal and political battle over the scope of repeal.

Background

Victoria's treaty, signed in 2025, was the first statewide agreement of its kind in Australia. It was developed through years of negotiation between the Victorian government and the First Peoples' Assembly, a representative body of Aboriginal Victorians. Former premier Jacinta Allan and treaty minister Natalie Hutchins were instrumental in its creation. The Coalition, led by opposition treaty spokesperson Jess Wilson, has made repealing the treaty a key election promise, arguing it is costly and unnecessary.

Key Perspectives

Ngarra Murray and the First Peoples' Assembly: The cultural agreement embodied in the handprint ceremony is inviolable. Legislation can be repealed, but the relationship and the reason for the treaty endure. Liberal-National Coalition: The treaty legislation is a costly, symbolic gesture that does not deliver practical outcomes for most Victorians. Repealing it will save $247.8 million as estimated by the PBO. Critics/Skeptics: Some may question whether the treaty's cultural significance outweighs the democratic mandate to repeal it. Others argue that the savings are overstated or that repeal would harm reconciliation efforts.

What to Watch

  • The Victorian election result
  • Whether the Coalition, if elected, proceeds with repeal and how the First Peoples' Assembly responds
  • The legal and practical consequences of unwinding the treaty framework

Sources

Zotpaper

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