It is 2026, and Australia remains the only Commonwealth country without a national treaty with its Indigenous peoples.
Other settler nations, such as Canada, New Zealand, and the United States, have long-established treaties with their First Nations peoples. Australia’s continued absence of a treaty has historically been justified through the colonial doctrine of terra nullius – the idea that this land belonged to no one. Really? Can we honestly still believe that to be true in 2026?
In Victoria, at least, the answer is no.
I am proud to be a Victorian, beginning 2026 as part of the only state in Australia to have signed a treaty with its First Peoples. This achievement did not occur overnight. It followed nearly a decade of preparation and negotiation, including four years of intensive truth-telling inquiry through the Yoorrook Justice Commission.
One of the Commission’s key recommendations was a formal apology to Victoria’s First Peoples for the profound harms inflicted by the State and colony – both historic and ongoing. That apology was delivered with humility and sincerity on 9 December 2025 by Premier Jacinta Allan.
Establishing a treaty with First Peoples is the right thing to do. It is also the respectful thing to do, in the true spirit of reconciliation.
This brings us to a pressing question: how should Victorians participate in Australia Day this year, and in the years ahead?
As members of the Australian Federation, Australia Day proceedings remain national events. Many aspects, such as Australia Day Awards, celebrate community contribution and service and are not inherently tied to the date of 26 January itself. Participation in these events can still be meaningful.
At the same time, we must not ignore what this date represents for many First Nations peoples. January 26 is widely recognised as Invasion Day – a painful reminder of dispossession, violence, and loss. Since its adoption in 1935, and particularly since becoming a national public holiday in 1994, the date has carried deep and enduring harm for First Nations communities.
Treaty is not the end of the journey. In Victoria, the next phase must be about genuine action and education. We must go beyond acknowledging why a treaty and apology were necessary and commit to teaching the true Australian story. There is no complete national story without First Peoples; without colonisation; and without acknowledging its ongoing impacts.
Several years ago, my children asked me a simple but confronting question: “Are there Aboriginal people in Victoria?”
That moment challenged me deeply – as a parent, and as a member of this society. It raised important questions about what we teach our children, and about the role schools and institutions play in shaping the next generation’s understanding of our shared history.
Education does not stop in classrooms. It also requires self-education through respectful engagement with First Nations peoples, e.g. attending community events, visiting gathering places, or participating in guided cultural tours of significant Aboriginal sites, whether in Naarm (Melbourne) or across regional Victoria.
As Victorians, we now stand at a critical moment.
Australia Day cannot be approached as business as usual. Treaty invites us to pause, reflect, and choose how we engage, i.e. with honesty, humility, and responsibility. We can participate in national celebrations while also acknowledging the pain attached to this date and listening to the voices of First Nations peoples.
For those in leadership and decision-making roles, reflection must be matched with action. This includes developing and implementing meaningful Reconciliation Action Plans, co-designed with First Peoples and grounded in accountability, not symbolism.
This year, let us move beyond defensiveness and division. Let us listen, learn, and walk together. How we respond now will shape the Australia we pass on to our children – one grounded in truth, respect, and justice.
*Andrew Gai is a father, community advocate and family violence prevention practitioner who is passionate about education, reconciliation and safer futures for children and families.
