Victoria should be forging a new path in a post Treaty era. Instead, it is introducing cruel laws that will harm Aboriginal children
By Nerita Waight
Announced the same week Victoria’s historic Treaty was signed, the Allan Government’s regressive ‘Adult Time for Violent Crime’ laws cast serious doubt over the state’s commitment to forging a new relationship with First Peoples, writes Victorian Aboriginal Legal Service CEO and Member of the First Peoples’ Assembly of Victoria, Nerita Waight.
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On 13 November 2025, I joined other members of the First People’s Assembly of Victoria, the democratically elected body representing our people in Treaty negotiations, to witness the signing of this country’s first Treaty with First Peoples. The significance of this moment cannot be overstated. It is the culmination of 237 years of resistance, survival, and advocacy by our people who have fought to have our rights to self-determination and nationhood be respected and upheld.
Self-determination will be realised through Treaty and the establishment of Gellung Warl, which will be a permanent representative and decision-making body, meaning ‘tip of the spear’ in Gunaikurnai language. Gellung Warl consists of three arms. The first is the permanent First Peoples’ Assembly, an elected forum which will advocate for and make representations to government on behalf of our people and negotiate further Traditional Owner Treaties and future Treaties with the state.
The second is Nginma Ngainga Wara, an independent accountability mechanism that will monitor and report on the impact of government policies and programs on First Peoples. The final key component is Nyerna Yoorrook Telkuna, an ongoing truth-telling arm that is responsible for maintaining the body of knowledge produced by the Yoorrook Justice Commission and supporting further truth-sharing and healing.
Gellung Warl is grounded in Aboriginal Lore, Law and Cultural Authority, and is the foundation for collective nation-building and self-governance. Most importantly, Treaty is meant to embody a new relationship between First Peoples and the government. By recognising our distinct status as the Traditional Owners of this continent, a right which has never been ceded, the state commits to engaging in a nation-to-nation relationship with First Peoples. In practice, Treaty means that the government is now required by law to involve us in decision-making about laws, rules and policies that impact our people.
In order to do this, though, this government needs to recognise the part it plays in creating and upholding the systems that harm Aboriginal people.
The introduction of the Allan Labor Government’s inhumane and regressive Adult Time for Violent Crime laws in Victorian Parliament today cast serious doubts over the state’s commitment to forging a new relationship with our people - a relationship grounded in learning from the harms of the past and striving to do better. These laws, which will likely pass the upper house on Thursday, will allow children aged between 14-17 years old to be sentenced to life in prison for certain offences. Aboriginal and other racialised children will bear the brunt of these punitive, harmful laws, as they always do.
We were not consulted on these proposed laws, and since their announcement, Premier Jacinta Allan and her government have shown little interest in meaningfully engaging with the Aboriginal community and the legal and community service sectors more broadly, to develop the policy and programmatic supports that address the root causes of young people’s offending behaviours. Instead of taking the lead from those with a deep understanding of the needs of Aboriginal children, the Premier appears to be pandering to radio shock jocks, putting a higher value on people’s property rather than the future of a young person.
The violation of Aboriginal children’s rights and the failure to view them as deserving of the same level of care and protection as non-Aboriginal children has always been a core component of the colonial project. It is not possible for the Allan Government to profess a commitment to Treaty and self-determination while at the same time causing irreparable damage to the future leaders of our communities. During this historical time, when the state should be forging a new path in a post-Treaty era, it is perpetrating harm against the most vulnerable members of our society.
At the same time, the vagaries of the Allan Government’s poor justice policy show exactly why Treaty is needed. Gellung Warl will provide us with the tools we need to hold government to account. For 237 years, our ancestors and Elders have fought to safeguard Aboriginal children against the colonial system. It is the reason we are still here and maintain strong connections to our Country, culture and community.
Our young people deserve better. They deserve leaders who make informed policy decisions, not ram through dangerous laws that will see more young people locked up and lose their futures. At VALS, we will continue in the struggle to protect Aboriginal children through the work of our specialist youth legal support practice called Balit Ngulu. VALS established our Balit Ngulu practice because we identified serious gaps in legal representation and understanding for young people in the Aboriginal and Torres Strait Islander communities.
We know that for a lot of kids who are in contact with the criminal legal system, the reality is they are dealing with trauma, and most likely transgenerational trauma, so we need to work in a trauma-informed and therapeutic approach. Every day, the Balit Ngulu team works with young people and their families to change their life trajectory, to understand their goals, and support them in their journey to heal and thrive.
Anyone in the community knows that what helps break these cycles is education, mentoring, safe and stable housing, regular food, and healing from trauma. For Aboriginal children, connection to their communities and culture is what keeps them strong and safe.
This government’s policy response is cruel, it’s inhumane, and it’s a moral failure. The state has a duty of care, and it is failing dismally. There needs to be substantial and proper investment in early intervention and prevention through family supports and education.
Now that Treaty has passed, the Premier has an opportunity to make good on the promises she made in signing the agreement and recommit to protecting the rights of our children. As we lead up to a state election year, this is not a time to be idle; this is a time for all Victorians to have a voice and to demand that all children have the future they deserve. Don’t buy into political point scoring and vote mongering; our state governance must align to our values. Treaty is the necessary step forward, but the rights included must be respected and upheld, not simply brought out for honorary signings.
About the author
Nerita Waight
Nerita is a proud Yorta Yorta and Narrandjeri woman with Taungurung connections. She is an experienced solicitor, CEO of the Victorian Aboriginal Legal Service (VALS), and Deputy Chair of the National Aboriginal and Torres Strait Islander Legal Services (NATSILS). As an elected member of the First Peoples’ Assembly of Victoria for Metropolitan Melbourne, Treaty Negotiator and Treaty Co-Convenor, Nerita played a critical role in the negotiations of this continent’s first Treaty between First Peoples and the state.
In addition, Nerita is an independent member of the Justice Policy Partnership (established under the National Agreement on Closing the Gap) and Victorian Representative on the Joint Council. At VALS, she has overseen the establishment of dedicated youth legal practice Balit Ngulu, and the Wirraway Police and Prison Accountability Practice, which has supported clients on several high-profile Coronial Inquests, alongside the strengthening of the organisation’s advocacy efforts.
