NSW minister says communities “aren’t ready” for treaty talks as consultation process continues

The NSW Government’s treaty consultation process is back in the spotlight after the state’s Minister for Aboriginal Affairs and Treaty, David Harris, told a parliamentary hearing he does not believe communities are ready to move into formal treaty negotiations yet.

In an uncorrected Budget Estimates transcript published by the NSW Parliament, Harris said the consultation phase is still focused on building understanding and hearing from Aboriginal communities about whether they want a treaty or other formal agreement. He told the hearing that the government is analysing developments in other jurisdictions but argued NSW has already progressed important reforms. “New South Wales is actually ahead of the game” he said.

When asked whether NSW would pursue a treaty in the current parliamentary term, Harris pointed to the consultation timeline and the Premier’s stated position. He then added: “at this stage the community itself isn’t ready for a negotiation or anything like that leading to a formal treaty.”

News.com.au reported Harris told the hearing the NSW Treaty Commission’s work is not about drafting a treaty now but about determining whether there is support for treaty-making and who could legitimately negotiate on behalf of Aboriginal people across a state with diverse Nations, organisations and community structures.

The NSW Government’s treaty consultation page states that two independent commissioners are leading “state-wide consultations to determine whether Aboriginal people in NSW want to pursue a treaty or other formal agreement-making process.” The page also stresses: “This consultation process belongs to the Aboriginal people of NSW… It is not a question for Government.”

The NSW Treaty Commission’s public information site similarly frames the current phase as an Aboriginal-led conversation rather than the beginning of a treaty, noting: “This is not the start of a Treaty. It is the start of a conversation — one that belongs to Aboriginal people across NSW.”

The exchange highlights a tension that has surfaced repeatedly in treaty debates: communities and organisations want genuine pathways to agreement-making, while governments emphasise sequencing, process design and clarity on representation. With consultations continuing and a report to be prepared for the minister at the end of the process, the next steps will depend on what Aboriginal communities say they want and whether government is willing to commit to a timetable and negotiating framework that matches those expectations.