New details emerge about state’s treaty plan following the defeat of the Indigenous Voice to Parliament

NSW Minister for Aboriginal Affairs and Treaty David Harris has acknowledged the path to reaching a state treaty with Indigenous communities will not be easy.

It comes weeks after the Voice to Parliament referendum was loudly defeated.

NSW only started a Treaty process this year and is the last state or territory in the country to consult with First Nations people.

Most states and territories are in the very early stages of treaty negotiations, with Victoria the furthest ahead in the process.

The NSW government had has committed $5 million to a one-year consultation process with Aboriginal communities, who will ask themselves whether they want a Treaty, and what that process should look like.

This was a commitment made before the state elections in March.

The process involves consultations and signing of agreements with 150 different indigenous groups.

If they do, the government would carry the policy over to the next election, giving it a mandate to implement it.

Speaking at the budget estimates on Thursday, Mr Harris said a decision would not be made until mid-2025 at the earliest.

Mr Harris said an independent Treaty Commission would be established in early to mid-2024, with discussions ongoing over who would sit on the commission.

“It has to be a process with strong Aboriginal involvement,” he said.

‘What the Prime Minister made clear was that we would get people talking about the referendum and we would finish that before we fully engage with the Treaty.’

The government will also undergo ‘broader community engagement’ to educate people about what a treaty entails, with further announcements planned for late 2023 and early 2024.

“We cannot anticipate what might happen during the consultation,” Mr Harris said.

“If you look at other states, this process has taken six, seven years. No one is saying this is a quick and easy process, but we need to be respectful and do it right.”

NSW only started a Treaty process this year and is the latest state or territory in the country to consult with First Nations people (photo, NSW Premier Chris Minns)

It comes after the Voice to Parliament referendum was soundly defeated earlier this month (photo L-R, Minister for Indigenous Australians Linda Burney, former AFL player Michael Long and Prime Minister Anthony Albanese)

When asked specifically how the Government plans to spend the $5 million on the consultation process, Mr Harris stressed the importance of ensuring cooperation with indigenous clans and peoples.

“I’m not going to tell Aboriginal people when to make their decision. That is the wrong thing to do and we clearly understand that,” he said.

He also said the government’s treaty process would be guided by self-determination and collaboration with community organizations.

“We need to consult and collaborate more with Aboriginal people (and) involve them more in decision-making,” he said.

“(We) recognize that community-controlled organizations get better results, in the sense of, you know, when they are directly funded and provide services to the community.

“It’s not a big secret, but there needs to be more community education around the understanding that self-determination is the best path forward.”

NSW Premier Chris Minns has previously underlined his commitment to a Treaty but, like Mr Harris, admitted it would be a difficult process.

Mr Minns has previously underlined his commitment to a Treaty but, like Mr Harris, admitted that this would be a difficult process

“As difficult and as long as that discussion will be, it is not acceptable that (the process) has not yet begun in NSW,” he said.

“It will be complex and difficult.”

Mr Minns has said he would also be open to a state-based vote, but did not want to engage in discussions with indigenous leaders about how to move forward after the referendum result.

This comes despite the fact that almost 60 percent of voters in the state voted ‘no’ in the referendum.