Chapter 7
Treaty as a Pathway to Indigenous
Controlled Policy: Making Space,
Partnering, and Honouring New
Relationships
Sarah Maddison and Anya Thomas
Abstract As several Australian jurisdictions embark on Australia’s first treaty
processes there is growing recognition of the extent to which treaty will recast
Indigenous-state relations. The negotiation of treaties means the recognition of
other sovereign authorities—not authorities to be created (as these have existed for
millennia) but authorities that will require space to be exercised alongside the state.
Bureaucracies that have understood their role as primarily one of service delivery
to First Nations will have to reorient themselves to become treaty partners with
First Nations seeking to exercise greater control and autonomy. While we cannot yet
predict the outcome of these negotiations, nor is it appropriate for us to attempt to
articulate First Nations’ priorities, it is likely that, over time, treatied First Nations
will seek to rewrite the policy relationship with government, pursuing autonomy and
self-governance in the place of state authority and control. This chapter explores the
possibilities and challenges of transforming public policy-making through treaty,
arguing that it will take time to re-write the partnership manual and enable genuinely
Indigenous-controlled policy to become the new political norm.
Keywords Treaty · Indigenous settler relations · Australia · Public
administration · Indigenous peoples · First Nations
7.1 Introduction
After many decades of Indigenous advocacy, the negotiation of treaties between
First Nations and the settler state is at last becoming a reality. Four Australian juris-
dictions—Victoria, Queensland, Tasmania and the Northern Territory—have now
committed to treaty processes with First Nations, and while these processes are still
in their early days (with Victoria the most advanced), there is a growing realisa-
tion of the profound impact that treaty will have on public policy-making. State
S. Maddison (B ) · A. Thomas
The Australian Centre, University of Melbourne, Parkville, VIC, Australia
e-mail: sarah.maddison@unimelb.edu.au
© The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2023
N. Moodie and S. Maddison (eds.), Public Policy and Indigenous Futures,
Indigenous-Settler Relations in Australia and the World 4,
https://doi.org/10.1007/978-981-19-9319-0_7
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