Treaty consultation

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.

Aden Ridgeway

Mr Aden Ridgeway has a long and distinguished career of service to Aboriginal people and the broader community. A Gumbaynggirr man, brought up by his mother, aunts and grandmother in Nambucca Heads, NSW, he is a widely recognised and respected Aboriginal leader.

Experienced in the public and private sector as a policy maker and strategic thinker, Aden has a broad understanding of Aboriginal issues around land rights, legislation, culture and heritage, Stolen Generations and access to services.

He has held prominent positions on the Sydney Regional Council of the Aboriginal and Torres Strait Islander Commission and the New South Wales Aboriginal Land Council. He was the first Aboriginal person to hold a Parliamentary leadership position in an Australian political party, and only the second Aboriginal person to be elected to Federal Parliament since Federation, serving as a Senator for NSW for eight years. He was the inaugural chairman of Indigenous Tourism Australia, and a former chair of the National NAIDOC Committee, Bangarra Dance Theatre and Indigenous Tourism Australia; and a former member of the National Indigenous Working Group on Native Title and the Council for Aboriginal Reconciliation.

In 2007, Aden co-founded the social change agency, Cox Inall Ridgeway, which worked to build cross-sector partnerships between the silos of government, corporates and communities. Currently on the board of The Healing Foundation and Muurrbay Aboriginal & Culture Language Co-operative, he has also served on the Australian Indigenous Education Foundation, Recognise, and UTS Council. Aden holds a Doctorate (Hon Lit) from the University of Technology, Sydney.

In his appointment as Commissioner, Aden will bring his skills of critical thinking and deep listening to bring diverse voices to the table.

Dr Todd Fernando

Dr Todd Fernando brings a wealth of experience in policy development, strategic leadership, and community advocacy to the role of NSW Treaty Commissioner. His work has been deeply shaped by his research into Indigenous kinship and masculinities, where he has explored the complexities of identity and power through an intersectional lens. This ongoing research has provided him with the critical insights needed to address systemic inequities and develop policies that are both inclusive and impactful.

In his previous role as Victoria’s LGBTIQ+ Commissioner, Dr Fernando led a statewide consultation that shaped a comprehensive whole-of-government strategy, significantly improving outcomes for LGBTIQ+ communities. His leadership in navigating complex social and political landscapes ensured that the voices of marginalised populations were central to the decision-making process. This work underscored his commitment to equity and deepened his capacity to implement strategic, community-informed policies.

Dr Fernando’s expertise extends across sectors, blending his academic research with practical experience in government and community advocacy. His focus remains on building inclusive systems that reflect the diverse needs of all communities, driving forward progressive change grounded in justice and respect.

Naomi Moran

Ms Naomi Moran is a Nyangbal and Arakwal woman from the Bundjalung nation in northern NSW and has direct bloodlines to the Dunghutti nation on the mid-north coast of NSW.

Prior to her appointment as Commissioner, she was CEO of Australia’s only independent, printed national Indigenous newspaper, the Koori Mail.

Naomi has an an extensive career in Indigenous Media and a strong grassroots connection to communities across NSW.

She serves as Co-Chair of First Nations Media Australia - the peak body for Aboriginal and Torres Strait Islander media - and serves as a member of the Federal Government's First Nations Digital Inclusion Advisory Group.

In 2024, Ms Moran was appointed to the national NAIDOC committee, and has served on the boards of two peak creative arts and performing arts organisations in Northern NSW, NORPA and Arts Northern Rivers.

Naomi is a prominent voice in indigenous media and maintains a deep commitment to sharing the stories and knowledge of Aboriginal and Torres Strait Islander peoples from across the nation.

Naomi has worked tirelessly to support and strengthen Indigenous community-controlled sectors through the self-determination of Australia's First Nations people to govern their own affairs and lead and deliver programs, projects and community initiatives by community, for community.

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

What is a treaty?

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.

Why is NSW conducting consultations on a treaty?

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.

Who will be consulted?

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.

How long will the process take? 

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.

What will happen after the consultations end?

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.

Have other States and Territories undertaken a similar process?

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.

Consulting Aboriginal people on desire for a treaty process