Analysis: Victorian Liberals opposing Treaty without an alternative does nothing to close the gap

Dechlan Brennan
Dechlan Brennan Published August 29, 2025 at 4.15pm (AWST)

The Victorian Liberals' vow to oppose Treaty, framed as a rejection of it being the "best way to close the gap," is both disingenuous and misleading.

Most disappointing is their entire lack of an alternative. Rather than putting forward a vision for addressing Indigenous disadvantage, the party has opted to block and obstruct, once again refusing to meaningfully engage with self-determination.

Treaty is the product of decades of advocacy by Indigenous leaders, activists and communities, and in Victoria it has been shaped over nearly a decade of structured reform.

The creation of the First Peoples' Assembly — the democratically elected body made up of Traditional Owners and representing Indigenous people across Victoria in statewide negotiations — along with the establishment of the self-determination fund and the Treaty Authority, have all been significant steps towards building an enduring framework.

Voters, too, have had their say. Treaty was openly on the agenda during both the 2018 and 2022 state elections, each won decisively by Labor. Columnists and politicians can say this has been secretive, but that simply shows they have not been listening.

Last week, after months of negotiations, the Assembly ratified the agreement, while Cabinet on Monday was understood to have endorsed the bill. That legislation, expected to come before parliament shortly, is likely to pass with crossbench support. If successful, it would mark the first Treaty between an Australian state or the Commonwealth and Traditional Owners since colonisation.

"Treaty is a pathway to acknowledging the past and making real, practical change to achieve better outcomes for First Peoples in Victoria and close the gap," the Assembly and Government said in a joint statement last month.

Despite this, the Liberal Party — which last year abruptly withdrew from the previously bipartisan Treaty process without notifying the Assembly — reaffirmed its opposition.

"The Allan Labor government's rush to push Treaty through the parliament without proper scrutiny or transparency disrespects the parliament, erodes confidence in the process and removes important steps to achieve reconciliation," a Liberal Party statement said, as reported by the Herald Sun.

"The Liberals and Nationals do not believe that Treaty is the best way to close the gap and deliver better outcomes for Indigenous Victorians."

Opposition spokesperson for Aboriginal Affairs, Melina Bath, echoed this earlier in the year: "We do not support a Treaty, and we do not support a Victorian version of a Voice to Parliament."

Such statements ignore the core of what First Peoples have long demanded: the right to make decisions for themselves, on issues that directly affect their lives.

Assembly co-chair Rueben Berg told The Age: "When it is just left in the hands of government, we have seen the status quo and that it doesn't deliver the outcomes that we need.

"This is really about creating a First Peoples-led body that is independent of government and can look and see what is and isn't working and make practical recommendations about what needs to change."

Former Treaty Commissioner Aunty Jill Gallagher was also clear, telling the Herald Sun earlier this year: "The most important thing is we have an independent voice, which can start making and monitoring government policies and hold them to account."

That does not mean disagreements are absent. The Allan government's controversial bail reforms have drawn fierce criticism, and tensions over leaks regarding the final Treaty structure were evident as recently as last week. Yet these disagreements are part of the democratic process — they signal debate, negotiation and accountability.

The Liberals' blanket rejection, however, goes further. It represents a calculated culture war from a party which has spent nearly all of this century in opposition in Victoria — and, if polling is correct, may remain there after next November's election.

There is no doubt there are members in the Liberals who do want change. It is known current Liberal leader, Brad Battin, previously consulted with Indigenous legal services in Victoria and was clear in wanting diversionary pathways to prevent youth incarceration. But you can't have change without listening to what First Peoples in Victoria have asked for.

For the majority, that is Treaty.

If Treaty and self-determination are not the "best ways" to close the gap, then the very least the Opposition could do is present another, because the current model has failed. It has failed Indigenous children in out-of-home care, those incarcerated at record rates, and families struggling without adequate housing.

It has failed since colonisation.

The choice before Victoria is significant. On one hand, the government is advancing Treaty as a pathway to self-determination and structural reform; on the other, the Opposition has rejected it while offering no clear alternative.

What remains clear is that the current system is failing First Peoples. Treaty represents an opportunity to build something different — a framework shaped by those most affected, and a chance to create lasting change.

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