When the Co-Chairs of the First Peoples' Assembly, Rueben Berg and Ngarra Murray, walked across the well-worn carpet of Victoria's Legislative Assembly this week to speak on Treaty, they did so facing both history and a wave of misinformation that continues to follow policies aimed at improving outcomes for First Nations people.
Mr Berg, a Gunditjmara man whose father, Jim Berg - founder of the Koorie Heritage Trust - gave powerful evidence to the Yoorrook Justice Commission about the violence and dispossession faced by the Koorie people, made it clear Treaty was not a handout, but a recognition of what has always been true.
"This is not a favour asked, but a right recognised," he told the chamber. "Not a louder plea, but a clearer purpose. Not charity, but justice."
He continued, perhaps addressing critics who accuse Treaty of division: "We do this not to divide Victoria, but to complete it. Not to take anything from anyone, but to make this place more whole for everyone."
Treaty opponents have been vocal in recent weeks. In The Australian, commentators Peta Credlin and Janet Albrechtsen argued that Treaty threatens elements of Australia's rule of law and democracy, suggesting the government is ignoring voters after the defeat of the Voice referendum.
But Treaty was a key Labor policy at both the 2018 and 2022 elections, which delivered the party clear victories. The Opposition had previously supported the creation of the First Peoples' Assembly before withdrawing from the bipartisan process at the start of last year.
Some opinion pieces have also claimed Treaty could allow "different laws for different people", despite no such provisions existing in the legislation. The First Peoples' Assembly anticipated this, warning that misinformation would likely intensify as the Bill progressed through Parliament.
"While this Bill is being debated in Parliament we expect to hear a lot of misinformation from a noisy minority, but through our conversations over the last ten years, we know the sensible majority of Victorians want practical, cost-effective solutions that close gaps between First Peoples and non-Aboriginal people and get better outcomes for our kids and Elders," Ms Murray said.
The Opposition's alternative proposal - to replace Treaty with a new department and an unelected Aboriginal advisory body - has drawn criticism from Indigenous leaders. Victorian Aboriginal Legal Service CEO and Assembly member Nerita Waight said it was "incredibly insulting" to hear the plan announced in Parliament.
"This unwanted intervention from the Opposition, which essentially proposes to deny the right of Aboriginal peoples to decide for ourselves how to organise politically, shows exactly why Treaty is needed," she said.
Nearly every critic of Treaty says they aspire to address Indigenous disadvantage, but argue that Treaty, like the Voice, is not the way to do so.
"Our commitment is to work alongside Aboriginal organisations, Elders and communities to ensure that every initiative is grounded in cultural safety, trust and local knowledge," Liberal Leader Brad Battin said.
"There's a big difference from running an advisory group, to having an elected group come into the Parliament and operate effectively as another level of government."
But, if alternative solutions truly worked, 190 years since colonisation seems a long time to keep them hidden in the cupboard.
Critics of Treaty have warned it could lead to a two-tiered system, but for many Indigenous advocates, the reality is that such inequality already exists. Across almost every social and economic measure, First Peoples continue to experience worse outcomes - particularly in the justice system. Of the justice system, Former Chief Justice of Western Australia Wayne Martin AC put it starkly in 2017:
"Aboriginal people are much more likely to be questioned by police than non-Aboriginal people. When questioned they are more likely to be arrested. If they are arrested, they are much more likely to be remanded in custody than given bail... and at the end of their term of imprisonment they are much less likely to get parole than non-Aboriginal people."
Ms Credlin wrote that Treaty legislation in effect means the "foundation of Victoria (and by implication Australia as a whole) was based on a fundamental act of injustice". For many, that is not an assumption but a matter of record. The Yoorrook Justice Commission heard and recorded extensive testimony about massacres, forced removals, and the dispossession of land and rights that continue to affect communities today.
As Ms Murray told Parliament: "Our people felt the impacts of colonisation and dispossession physically, culturally, spiritually, economically and legally."
When the bill passed the lower house on Thursday, the calls of "shame" that echoed as Opposition MPs voted against it were stark. It even took an eternity for some Liberal MPs to stand and join in the applause when Ms Murray and Mr Berg finished their speeches on Tuesday.
Whilst the Coalition MPs who rose to speak on the legislation did acknowledge the Co-Chair's speeches, it is notable that they didn't note their words, which call for systemic change.
"From today, we are no longer asking for a seat at the government's table," Mr Berg said. "From today, we set our own table - and we lead the work that affects us."
In many ways, that is what Treaty in Victoria represents: not a symbolic gesture or an act of division, but a practical framework for self-determination and respect. It's a process that acknowledges the past while aiming to build a fairer relationship between First Peoples and the state - one based on partnership, not permission.
