Independent and Aboriginal‑led? NSW treaty consultations face the test of practice

“Will you listen to First Peoples one by one – not peak bodies or elites who talk over us and push their own agendas?”

New South Wales has begun a 12‑month consultation to ask Aboriginal people whether they want a treaty or other formal agreement, and what that might look like. The NSW Government says three independent Treaty Commissioners are leading the process. The consultations commenced in August 2025, are solely for Aboriginal people, and will run across metropolitan, regional and remote areas.

The Commissioners are Aden Ridgeway, Dr Todd Fernando and Naomi Moran – they were appointed on 26 September 2024 for two‑year terms after an open recruitment process run by an independent Aboriginal advisory panel. The Government set aside $5 million in the September 2023 budget for this phase.

The Commission’s task is to design and lead a statewide program, then deliver a final report to the Minister for Aboriginal Affairs and Treaty with recommendations on whether a treaty process is desired and the next steps.

In June, Commissioner Todd Fernando told the ABC the consultation “isn’t a talkfest” and also said the plan includes 27 regional hubs with five‑day programs and about 50 one‑day sessions within a two‑hour drive of those hubs, with targeted yarns for Elders, young people and other cohorts.

Locations and dates were to follow as the year‑long process rolled out.

Guidance for NSW public sector staff frames the work as a 12‑month consultation and stresses cultural safety and ethical obligations while the program proceeds, which links back to the main NSW information page for details and updates.

What scrutiny looks like next
As the program moves across the State, the practical question is whether individual voices carry more weight than organisational submissions.

And the Government page says the Commissioners “will aim to give all Aboriginal people in NSW an opportunity to participate”, and that the process “belongs to the Aboriginal people of NSW”.

However, observers will watch for transparent scheduling, easy access and a clear method for analysing what people say.

For now, the framework, funding and leadership are on the public record.

The measure will be delivery: who gets the mic, how input is recorded and weighted, and whether the final report tracks back to what people said on Country.