A treaty is a political agreement reached by a fair process of negotiation between equals. It is a binding agreement between two or more parties that sets out the terms of engagement and obligations of all sides to maintain the agreement. In the context of Australia, a treaty acknowledges Indigenous peoples as a distinct political community different from other Australians.

Australia does not have a history of treaty-making, which makes the concept of what a treaty is or involves vague for many people, including the government. However, Australia has signed up to a range of international legal instruments that concern the rights of Indigenous peoples, and these legal instruments set a clear standard for what makes an agreement a treaty. A treaty must satisfy three conditions: it must be a political agreement, reached by a fair process of negotiation between equals, and it must be binding.

Modern treaties differ from those negotiated in colonial periods. They are more technical and legally complex, and they are negotiated against a long history of inequitable relationships. Negotiation helps ensure everyones interests can be considered, but securing a fair negotiation process can be difficult. In Victoria, for example, the First Peoples Assembly and State government have agreed to a Treaty Negotiation Framework that sets out principles to guide Treaty talks.

In recent years, state and territory governments in Australia have gone ahead with treaty-making and truth-telling processes, and a couple of big milestones have been reached. For example, the landmark south-west native title settlement in Western Australia is often cited as Australias first treaty. However, federally negotiated treaties are still a long way off.

In summary, a treaty is a political agreement reached by a fair process of negotiation between equals that sets out the terms of engagement and obligations of all sides to maintain the agreement. In the context of Australia, a treaty acknowledges Indigenous peoples as a distinct political community different from other Australians.