New South Wales’ Aboriginal Affairs Minister David Harris has declared Australia’s most populous state unprepared for formal treaty negotiations with First Nations communities. The announcement came during a budget estimates hearing where Minister Harris revealed the state’s treaty commission is currently focused on determining whether a treaty should occur at all, rather than outlining what such an agreement might entail.
The NSW Treaty Commission, established with appointed commissioners in late 2024, is gathering evidence from Aboriginal communities across the state. Minister Harris identified significant challenges, including ‘low literacy’ about treaty concepts among Indigenous peoples and particular confusion within urban communities regarding appropriate negotiation counterparts.
Premier Chris Minns has already ruled out a treaty during the current government term, with Minister Harris indicating any substantial progress would likely become an election issue. ‘I would probably say pretty confidently at this stage the community itself isn’t ready for negotiation or anything leading to a formal treaty,’ Harris stated.
The commission is expected to deliver a comprehensive report by mid-year. Should it recommend pursuing a treaty, the government would then bring the matter to cabinet and initiate public consultation processes.
This cautious approach contrasts with Victoria’s groundbreaking Statewide Treaty Act 2025, which established Australia’s first treaty framework including a permanent Aboriginal representative body called Gellung Warl. Minister Harris noted NSW is analyzing Victoria’s process while claiming NSW is ‘actually ahead of the game’ due to existing constitutional language recognition, land rights provisions, and reparation measures.
The national treaty landscape remains fragmented following the failed Voice referendum. Queensland, Tasmania, and the Northern Territory have abandoned treaty processes in favor of alternative approaches, while Western Australia pursues native title settlements. South Australia has legislated a First Nations Voice to Parliament, creating a patchwork of different reconciliation pathways across Australian jurisdictions.