Consulting Aboriginal people on desire for a treaty process
Three independent Commissioners are leading state-wide consultations to determine whether Aboriginal people in NSW want to pursue a treaty or other formal agreement-making process.
Acknowledgement
The NSW Government acknowledges the Traditional Custodians of the lands where we work and the places in which we live. We pay respect to Ancestors and Elders past and present. We recognise the unique cultural and spiritual relationship and celebrate the contributions of First Nations peoples to Australia.
Consultation process
The NSW Government has committed to a 12-month consultation process with Aboriginal people and communities across the State. The purpose of this process is to hear from Aboriginal people about their desire for a treaty or other formal agreement and explore what form this might take.
This consultation process belongs to the Aboriginal people of NSW, because it is up to Aboriginal communities to determine their own views about a treaty. It is not a question for Government.
To ensure the independence of the process, three independent Treaty Commissioners have been appointed to design and lead the consultations.
The Treaty Commissioners will aim to give all Aboriginal people in NSW an opportunity to participate in the consultation process, which will cover all parts of NSW, including metropolitan, rural, regional and remote areas.
Participating in consultations
The consultation process will be designed by the Treaty Commissioners and is likely to begin in early 2025.
Once consultations commence, this web page will become the main source of information for Aboriginal people and communities about how to participate. It will include information about how to register for consultations, and other ways of participating in the process.
The consultation process is solely for Aboriginal people.
Who are the Treaty Commissioners?
The three Treaty Commissioners are Aden Ridgeway, Todd Fernando Naomi Moran.
The role of Treaty Commissioners
The three Treaty Commissioners will be responsible for co-designing an approach to consultations with Aboriginal people and communities. They develop Terms of Reference for the consultations and will be responsible for leading the consultations.
They will seek to understand the views of Aboriginal people on whether there is support for a treaty or other formal agreement making process and, if so, what a future treaty process might look like.
The Commissioners will prepare a final report for the Minister for Aboriginal Affairs and Treaty on the outcomes of consultations. The report will include recommendations on whether a treaty process is desired, and if so, what the next steps should be.
Commissioners will be supported by dedicated staff within Aboriginal Affairs NSW.
Your questions answered
It is important to acknowledge that this consultation process does not set out to establish a treaty – it only aims to consult with Aboriginal people about whether they want a treaty or other formal agreement, and what that could look like.
However, a treaty is an agreement between states, nations or governments. For example, an agreement between Aboriginal communities and governments.
A treaty or other formal agreement could provide a range of positive outcomes, including:
- Recognising the rights of Aboriginal people as the First Peoples of NSW.
- Celebrating the cultures and histories of Aboriginal people in NSW and their continuing contributions to the fabric of this State.
- Empowering Aboriginal people to make decisions on matters that affect their lives and wellbeing.
- Resetting the relationship between Aboriginal people and government.
- Acknowledging the enduring impact of past wrongs and strengthening relationships through mutual respect.
Many Aboriginal people have called for a treaty or formal agreement making process in NSW for some time.
Commencing a dialogue about treaty is a critical step along a path towards reconciliation with Aboriginal people.
However, it is not for government to determine the wishes of Aboriginal people. That is why three independent Treaty Commissioners have been appointed to lead consultations with Aboriginal people.
This process delivers on a commitment the NSW Government made in January 2023, ahead of the March 2023 State Election, to consult with Aboriginal communities on whether a treaty or other formal agreement making process in NSW is desired and, if so, what it might look like.
The Treaty Commissioners will aim to give all Aboriginal people in NSW an opportunity to participate in the consultation process, which will cover all parts of NSW, including metropolitan, rural, regional and remote areas.
The consultation process is solely for Aboriginal people.
It is a conversation with Aboriginal people and communities, led by Aboriginal people, about what they wish to see and their aspirations for the future.
The Consultation process is expected to take 12 months.
The Treaty Commissioners will need to consult with Aboriginal people throughout NSW and give all Aboriginal people an equal opportunity to be heard. This includes in regional, rural, remote and metropolitan areas.
After the 12-month Consultation process, the Commissioners will prepare a report for Government with recommendations for next steps.
It is important that Aboriginal communities have the time to consider these issues at a pace that works for them. The government has committed to start an initial 12-month period of consultation. The next steps will be considered based on Aboriginal community views.
At the end of the consultation period, the Treaty Commissioners will report back to Government on their findings and on the wishes of Aboriginal people in NSW, with recommendations on next steps.
The NSW Government will consider the recommendations once the consultation report has been delivered. It will not pre-determine the outcome of consultations or pre-empt the views of Aboriginal people and communities.
NSW joins other Australian states and territories in commencing consultations with Aboriginal people about a treaty or formal agreement.
In some states, notably Victoria, discussions about a treaty are well advanced, and treaty bodies have already been established.
NSW is home to the largest Aboriginal population in Australia.
News and updates
Information about the consultation process, including how to get involved or participate in consultations, will be published on this page as it becomes available.
If you have further questions, please email treaty@nsw.gov.au.