The Yoorook Justice Commission in Victoria makes the following recommendations
Transformative change through the treaty process
Recommendation 1
The Victorian Government must fund the First Peoples’ Assembly of Victoria to establish an ongoing truth-telling body to continue to take First Peoples’ testimony and build the public record.
Chapter 1: The past is the present
Recommendation 2
The Victorian Government must acknowledge the ongoing reality of legal and political pluralism in Victoria, engage with First Nations as nations, and provide the resources to support the transition to genuine nation-to-nation relationships.
Chapter 2: Sovereignty
Recommendation 3
The Victorian Government must transfer decision-making power, authority, control and resources to First Peoples, giving full effect to self-determination in relation to their identity, information, data, traditional ecological knowledge, connection to Country, their rights to their lands, waters and resources, in the Victorian health, education and housing systems and across economic and political life. Transferring or creating decision-making power includes but is not limited to: a. System design and administration; b. Obtaining and allocating rights and interests in land, waters and natural resources; c. Powers of, and appointments to bodies and institutions; and d. Accountability and oversight functions including new First Peoples-led oversight processes or complaints pathways.
Chapter 3: Self-determination
Recommendation 4
Through negotiation with the First Peoples’ Assembly of Victoria, the Victorian Government must establish independent funding streams, including through hypothecation of a portion of land, water and natural resource-related revenues, to support the Self-Determination Fund and other First Peoples-led initiatives.
Recommendation 5
The Victorian Government must provide guaranteed ongoing funding and support the establishment of independent funding streams at both Statewide and local levels to support healing Country, relationships and connection from the legacy of colonisation, including by funding: a. First Peoples-led organisations to deliver programs that support healing and rebuilding relationships between clans/groups to address the ongoing impacts of dispossession including where harms have occurred from participation in recognition regimes; and b. Healing processes, led by local First Peoples groups, to assist non-First Peoples to tell their truths and walk together with First Peoples.
Recommendation 6
To build respect, participation and representation of First Peoples in public life, the Victorian Government must include the First Peoples’ Assembly of Victoria and/or its Co-Chairs in high-level functions and ceremonial events of the State.
Recommendation 7
Amend the Charter of Human Rights and Responsibilities Act 2006 (Vic) and other relevant legislation to recognise and protect the rights to health and education as recognised under international human rights law.
Chapter 4: Rights
Recommendation 8
Building on the principles recognised in the Treaty Negotiation Framework and the Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic) and led by and in consultation with the First Peoples’ Assembly of Victoria, the Victorian Government must: a. Incorporate UNDRIP principles into Victorian legislation, including: i. as part of Statewide treaty legislation; ii. by establishing a process of audit of existing legislation to identify incompatibility to ensure that UNDRIP principles prevail; and iii. by ensuring that any future legislative change is compatible with UNDRIP principles. b. Support and facilitate the adoption and implementation of UNDRIP principles by non-state entities; and To implement these steps, work with First Peoples to develop a State Action Plan on implementation of UNDRIP, ensuring that First Peoples are involved in the design, monitoring and evaluation of the implementation plan.
Recommendation 9
To ensure State accountability and give effect to First Peoples’ self-determination in relation to First Peoples-related policies and programs: a. Building on Recommendation 4 in Yoorrook for Justice and through negotiation with the First Peoples’ Assembly of Victoria, the Victorian Government must support the establishment of an accountability mechanism to transfer monitoring functions and full decision-making power, authority, control and resources to First Peoples for First Peoples-related policies and programs; b. For all policies, strategies, frameworks and plans related to First Peoples for which the Victorian Government is responsible, the Victorian Government must develop an easily accessible online tool showing implementation stages, funding, days outstanding and date of completion, and identify the person responsible for implementation; and c. The Victorian Government must reduce and streamline reporting requirements for Aboriginal Community Controlled Organisations and Traditional Owner bodies for service and program delivery and managing requests and notifications, including by negotiating single funding agreements with organisations.
Chapter 5: Accountability
Recommendation 10
To support the informed participation by Traditional Owners in treaty negotiations (Statewide and local), the Victorian Government must: a. Facilitate access by the First Peoples’ Assembly of Victoria and relevant Traditional Owner groups to annual data concerning the revenues collected by the Victorian Government in respect of: i. freehold land; ii. Crown land & waterways; iii. minerals and resources; iv. gas and petroleum; v. forestry; vi. fisheries; vii. renewables; and viii. water (surface, groundwater). b Facilitate ongoing access by the First Peoples’ Assembly of Victoria and relevant Traditional Owner groups to registers of third party interests in the matters described in paragraphs (a)(ii) – (viii) above including: i. interest ID number. ii. enabling legislation; iii. term (start/ end date); iv. any rights of renewal or regrant; and v. annual royalties payable to the State. c. Empower the First Peoples’ Assembly of Victoria to oversee the provision and comprehensiveness of the datasets in (a) and (b) and to store any relevant data.
Chapter 5: Accountability
Recommendation 11
The Victorian Government must conduct a review of the datasets that it currently collects and publishes, as against the National Agreement on Closing the Gap Targets, and: a. Publish a copy of the review, by 30 June 2026; and b. Following consultation with relevant ACCOs and First Peoples organisations, ensure that all data sets are regularly publicly reported, by 30 June 2027.
Recommendation 12
The Victorian Government must: a. As an employer of a significant number of First Nations staff within Departments, Agencies and Statutory Authorities: i. ii. iii. iv. formally recognise the cultural rights and cultural and colonial loads of First Nations staff within those settings; introduce a positive duty upon relevant managers (or head of the organisation) to ensure cultural safety in the case of First Nations staff; create new First Peoples-led oversight processes for the investigation of complaints in respect of alleged occurrences of non-compliance with this duty; and consider the adequacy of existing remuneration and/or leave models to recognise First Nations staff’s contributions and responsibilities. b. In the case of all other Victorian workplaces, amend the Occupational Health and Safety Act (Vic) 2004 to ensure cultural safety obligations on employers are embedded in legislation.
Recommendation 13
The Victorian Government must introduce into the employment contracts, performance and/or remuneration assessment processes for senior executives (SES-1 or above) assessment criteria regarding their performance in: a. Promoting the employment, retention and promotion of First Peoples staff; b. Directly engaging with relevant First Peoples communities, representative bodies and service provider organisations; c. Prioritising the actions within their Department/Agency necessary to support the treaty-making process; and d. Overseeing timely and fulsome implementation of recommendations within relevant reports.
Recommendation 14
The Victorian Government must provide redress to First Peoples and their families affected by Soldier Settlement Schemes, including: a. An acknowledgment and apology by the Victorian Government to First Peoples affected by Soldier Settlement Schemes and their families; b. Appropriate support for First Peoples affected by Soldier Settlement Schemes and their families; and c. Redress including land grants and/or compensation.
Chapter 7: How colonisers stole Country
Recommendation 15
Led and decided by First Peoples and Traditional Owner groups, the Victorian Government and local Government authorities must provide resources and support to establish markers, memorials, signs and information acknowledging relevant First Peoples’ histories and perspectives at culturally and historically significant sites, including: a. Sites of historical injustice; b. Massacre sites; c. Former missions and reserves; d. Sites relevant to frontier wars and First Nations people who served in war; e. Sites relevant to First Peoples’ leadership; and f. Other sites as determined by Traditional Owners or Aboriginal Representative Bodies.
Chapter 8: Impacts of Country being stolen
Recommendation 16
Led by First Peoples and Traditional Owner groups, the Victorian Government and local government authorities must reinstate First Peoples’ / Indigenous place names across Victoria, initially prioritising prominent public spaces and significant parks, reserves and waterways, and road names and ensure these place names are reflected on relevant maps, signs and official documents. Place names should be determined by relevant Traditional Owner groups and the First Peoples’ Assembly of Victoria should authorise and coordinate this process at the Statewide level.
Recommendation 17
In consultation with First Peoples and relevant Traditional Owner groups, the Victorian Government must fund environmental restoration, which may include: a. Testing and decontamination processes for land returned or being returned to Traditional Owners, either as part of the settlement package or retrospectively where land is unusable due to contamination or degradation; b. Other forms of environmental and cultural restoration; and c. Procurement opportunities for First Peoples where possible.
Recommendation 18
The Victorian Government must amend the State Aid to Religion Abolition Act 1871 (Vic) to introduce a mechanism for case-by-case consideration and approval of proposed land sales, which includes consideration of: a. Whether relevant Traditional Owners have been consulted in respect of the sale; and b. Whether it is proposed that a portion of the proceeds from the sale be shared with the Traditional Owners of that land.
Recommendation 19
Consistent with their commitments to First Peoples, Churches should identify, as a priority, opportunities within the State of Victoria to: a. Return land acquired for little or no consideration, or reserved by the Crown or Governor for Church purposes, to Traditional Owners of that land; and b. Share a portion of proceeds from the future sale of land of the nature described in (a) with Traditional Owners of that land (irrespective of whether it is subject to the State Aid to Religion Abolition Act 1871 (Vic)).
Recommendation 20
The Victorian Government must: a. Adopt a principle that First Peoples are entitled to sufficient lands, waters, resources to support their social, emotional and cultural wellbeing; and b. To the extent that the existing systems are unable to deliver those lands, waters and resources, agree Traditional Owner treaties to provide an equitable share of lands, waters and resources to First Peoples.
Chapter 9: How we got here — overview of recognition systems
Recommendation 21
Through the treaty process, the Victorian Government must negotiate with the First Peoples’ Assembly of Victoria and Traditional Owners to guarantee, uphold and enhance First Peoples’ inherent rights to Country through a self-determined, empowering and healing model, including by taking the following steps: a. Enabling recognition of First Peoples’ rights to land (at a minimum, reflecting UNDRIP principles); b. Enabling opportunities to disregard by agreement previously extinguished First Peoples’ rights to lands, waters and resources (including under s 47C of the Native Title Act 1993 (Cth)); c. Advocating to the Commonwealth Government for amendment to the Native Title Act 1993 (Cth) to provide for certain prior extinguishment to be disregarded, expanding on the current categories and for the limitation of extinguishment with respect to future acts; d. Establishing a default mechanism to transfer to Traditional Owners entitlements to land, waters, resources on the sale, surrender or expiration of third party leasehold, licences, entitlements and other interests; e. Not granting new rights or entitlements in Crown lands, waters and resources without providing opportunities for Traditional Owners to themselves acquire the relevant interest, or benefit from the revenues generated; f. Ensuring that Traditional Owners have the opportunity to participate in the State’s ‘right of first refusal’ processes when the State is proposing to sell or repurpose Crown or Government-owned land; g. Establishing ongoing funding for Traditional Owner groups to purchase on the open market privately held land of cultural significance or which would support Traditional Owners’ community objectives; h. Enacting reforms enabling traditional cultural use rights on public land (more broadly than the rights recognised within individual TOSA and NTA agreements and determinations); i. Enacting reforms enabling First Peoples to commercially use and develop their lands, waters and resources; and j. Treating Traditional Owners as rights holders, not standard ‘land users’, including by exempting them from obligations to pay taxes, rates and charges in the case of lands, waters and natural resources.
Recommendation 22
The Victorian Government must provide additional funding and support for the Self-Determination Fund and the Treaty Authority to deliver processes for determining the right people for Country.
Recommendation 23
The First Peoples’ Assembly of Victoria must promote access to support and resources via the Self-Determination Fund for all Traditional Owner groups in Victoria, both recognised and not yet recognised. The Victorian Government must support and facilitate this objective.
Chapter 10: Native title
Recommendation 24
In relation to native title, the Victorian Government must advocate to the Commonwealth Government to: a. Reverse the burden of proof for connection to Country so that the state is required to disprove an asserted connection, rather than Traditional Owners prove connection; b. Adjust the test to reflect the effects of colonisation. Connection must become a flexible concept rather than a bright-line test. A lesser degree of connection must be accepted where it results, for instance, from relocation from Country or removal of children; and c. Enact reforms so that the extinguishment of native title is not necessarily permanent but may revive once the extinguishing interest ends.
Recommendation 25
The Victorian Government must make a submission to the Australian Law Reform Commission supporting reform of the future acts regime.
Recommendation 26
Taking into account the changed context of the treaty process and the aim of enhancing rights, the Victorian Government must implement all of the recommendations of the First Principles Review of the Traditional Owner Settlement Act 2010 (Vic) in full, including prioritising the following key areas: a. Just and fair settlements; b. The calculation of compensation; c. Funding for Traditional Owner groups; and d. Land Use Activity Agreement compliance.
Chapter 11: Traditional Owner settlements
Recommendation 27 Taking into account the changed context of the treaty process and the aim of enhancing rights, the Victorian Government must implement all the recommendations made in the Victorian Aboriginal Heritage Council’s Taking Control of Our Heritage report.
Chapter 12: Cultural heritage
Recommendation 28 The Victorian Government must provide ongoing and sustainable funding to Traditional Owner groups to empower them to conduct cultural heritage work on their Country.
Recommendation 29 The Victorian Government must consider and implement reforms to strengthen the recognition and protection of intangible heritage under the Aboriginal Heritage Act 2006 (Vic).
Recommendation 30 The Victorian Government must provide funding for the Victorian Aboriginal Heritage Council and Traditional Owner groups to develop and implement a strategy for the provenancing and return to Traditional Owners and/or other culturally appropriate handling of remains.
Recommendation 31 The State must also work with the Commonwealth to identify and negotiate the safe return of cultural, secret and sacred objects held in interstate, overseas and private collections.
Recommendation 32 The Victorian Government must provide secure, ongoing funding, resources and land to Traditional Owners to establish and maintain appropriate infrastructure, including museum-regulated spaces, to keep and preserve cultural, secret and sacred objects, artefacts and knowledge.
Recommendation 33 The Victorian Government must provide funding for Traditional Owner groups to undertake, informed by their perspectives of key priorities on their Country: a. Research and strategic mapping of Aboriginal cultural values and landscapes; b. Projects for the identification, protection and/or restoration of cultural values and landscapes; and c. Management of data. Chapter
Recommendation 34 To support self-determination, the Victorian Government must amend public land legislation to provide: a. Opportunities for transition to direct management by First Peoples of public land, led by the aspirations of Traditional Owners, and continuing to provide public access where appropriate; b. Transfer of authority to Traditional Owners to determine management priorities and methodologies, including informed by Traditional Owners’ knowledge of Country; and c. Related sources of ongoing funding.
Chapter 13: Joint management
Recommendation 35
The review of Victoria’s public land legislation must properly capture Traditional Owner aspirations and priorities and enable flexibility and evolution over time. The review of public land legislation must not limit future treaty-making or in any way impede Traditional Owners from asserting their rights and interests.
Recommendation 36 Further to recommendations 18.1 and 18.2 of the final report of the Commonwealth Royal Commission into National Natural Disaster Arrangements (October 2020), the Victorian Government must: a. Support and resource the establishment by First Peoples of an independent First Peoples Cultural Fire Authority, led and staffed by First Peoples to facilitate three key functions: i. ii. enable a pathway for Traditional Owner-led cultural fire development and practice to occur within the current regulatory environment; house the function for developing policy that seeks to reform and decolonise the regulatory environment in seeking pathways to fully transition Traditional Owner-determined fire to Traditional Owner groups; and iii. enable a pathway for Traditional Owner carbon and emissions reduction practice. b. Conduct a review of existing fire related legislation, policies, procedures and codes of practice in the State of Victoria to identify opportunities to better recognise and integrate: i. ii. First Peoples’ fire knowledge and practices; and First Peoples’ knowledge of Country and Aboriginal cultural heritage values (tangible and intangible) requiring protection. c. Provide Traditional Owner groups with ongoing funding to develop and implement cultural fire plans for Country.
Recommendation 37 The Victorian Government must recognise Victoria’s First Peoples’ water sovereignty as part of treaty as requested by First Peoples’ Assembly of Victoria or any other First Nation negotiating on its own behalf and through substantive reform of legislation by: a. Recognising Traditional Owners’ fundamental and inherent rights to water, including by way of amending Victorian water laws to: i. ii. incorporate UNDRIP standards (as a minimum); and recognise First Peoples’ cultural water rights (including the use of water for commercial purposes, and to support the development of cultural economies) including (without limitation) through amendments to the Traditional Owner Settlement Act 2010 (Vic) and the Water Act 1989 (Vic). b. Embedding, investing in and implementing a cultural flows model into Victorian water law, practice and governance.
Chapter 14: Water
Recommendation 38
The Victorian Government must commit to: a. Accelerating the development of legislative proposals to recognise waterways as living entities and Traditional Owners as a unique voice of those living entities. b. Supporting Traditional Owners to achieve their water related aspirations as reflected in individual Water is Life Nation Statements. c. Enabling First Peoples to assume ‘waterway manager’ responsibilities within the meaning of the Water Act 1989 (Vic). d. Supporting additional Traditional Owner interfaces with, and representation on, other water resource managers including Water Corporations, Catchment Management Authorities and the Victorian Environmental Water Holder. e. Providing funding to support Traditional Owners to undertake works to restore waterway health and cultural flows on their Country. f. Supporting commercial uses and the growth of water-based cultural economies. g. Removing barriers, increasing funding and accelerating action to: i. ii. allocate or support the purchase of water for First Peoples’ cultural flows and economies within existing entitlement frameworks; and support Traditional Owners to directly use and/or realise the economic value of water accessed or returned. h. Prioritise allocation to Traditional Owners of unallocated or newly available water including through: i. ii. iii. water freed up by the cessation of industries like coal power; new or alternative water such as desalinated or recycled water; and the establishment of buy-back schemes. i. Reviewing, updating (as required) and fully funding relevant strategies such as Water is Life to align with the above.
Recommendation 39
The Victorian Government must treat Traditional Owners as rights holders, not standard ‘water users’, including by exempting them from obligations to pay taxes, rates and charges.
Recommendation 40
The Victorian Government must establish and implement mechanisms for hypothecation of a proportion of water revenues (surface and groundwater) collected in the State of Victoria to be placed into the Self-Determination Fund for the benefit of Victorian Traditional Owners. The proportion should be agreed in negotiation with the First Peoples’ Assembly of Victoria and relevant Traditional Owners.
Recommendation 41 The Victorian Government must establish a legislative regime for the recognition of legal identity in waterways and other natural resources which includes the appointment of Traditional Owners as guardians for those entities.
Recommendation 42 The Victorian Government must partner with Traditional Owner groups in respect of future forestry management and operations (native and plantation) on public lands, especially to: a. Implement effective benefit-sharing arrangements; and b. Protect culturally significant public land and ecosystems from damage.
Chapter 15: Earth, sea and living things
Recommendation 43 In consultation with the First Peoples’ Assembly of Victoria, the Victorian Government must conduct a review of: a. Existing mechanisms for Traditional Owner consultation and consent in the development of minerals, resources and extractive projects (whether on private or public land) at least to ensure consistency with the principles of free, prior and informed consent in UNDRIP; b. Traditional Owner participation in the development and implementation of rehabilitation and remediation plans, making them consent authorities; Mechanisms for greater Traditional Owner participation in: i. rehabilitation works; and ii. the management of post-mining land (including under Part 7C of the Mineral Resources (Sustainable Development) Act 1990 (Vic)). d. Opportunities for the return to Traditional Owners of post-mining land (including for commercial and cultural economy purposes) as a default provision.
Recommendation 44 Led by First Peoples, the Victorian Government must enable, support and prioritise the development of a First Peoples’ Renewable Energy Strategy for Traditional Owner groups underpinned by UNDRIP principles, which: a. Recognises First Peoples’ self-determination and direct interest in relation to the renewables; and b. Provides perpetual funding, resourcing and support for First Peoples to engage at all stages with the renewable energy sector.
Chapter 16: Climate change, renewables and emergencies
Recommendation 45 Led by First Peoples, the Victorian Government must enable and support the development of a First Peoples’ Climate Justice Strategy for Traditional Owner groups underpinned by UNDRIP principles, which provides perpetual funding, for Traditional Owner groups to deliver environmental projects on their Country which will assist in mitigating, adapting and/or responding to climate change including through the Self-Determination Fund.
Recommendation 46 Working with First Peoples, the Victorian Government must conduct a review of all emergency management legislation (including the Emergency Management Act 2013 (Vic), Country Fire Authority Act 1958 (Vic), Forest Act 1958 (Vic), Public Health and Wellbeing Act 2008 (Vic) and their related regulations standard operating procedures, policies and other relevant documents: a. Formalise an ongoing role for Traditional Owner groups and ACCOs in incident planning, response and recovery frameworks. b. Provide Traditional Owner groups, ACCOs and ACCHOs, with secure, ongoing, self-determined funding to assist in the preparation for, response to and recovery from natural disasters (including fire, flood), emergency incidents, and health emergencies in the future. c. In the processes in (b), give weight to Traditional Owner voices regarding the protection of Country and cultural heritage.
Recommendation 47 Working with First Peoples, the Victorian Government must continue to ensure that ongoing sustainable funding is provided to First Peoples-led early education services, including to expand service delivery and meet demand for services.
Chapter 17: Schooling overview
Recommendation 48
Guided by First Peoples, the Victorian Government (or Minister for Education, as appropriate), must amend the Education and Training Reform Act 2006 (Vic) to: a. Expressly recognise Victoria’s First Peoples; b. Acknowledge First Peoples’ rights, cultures, histories and perspectives in education; c. Protect and prioritise First Peoples’ cultural safety and right to a culturally safe education; d. Include an actionable right to protection of cultural rights and cultural safety in all Victorian schools; e. Ensure the representation and perspectives of Victorian and other First Peoples in the school curriculum; and f. Create a First Peoples Education Council as a governance mechanism for oversight and accountability of First Peoples’ school education.
Recommendation 49
Guided by First Peoples, the Department of Education must develop a distinct policy on school exclusions for First Peoples, covering attendance, classroom exclusion, suspensions (formal and informal), modified timetables, and expulsions. The policy must: a. Set clear standards, expectations, and processes for approving and reviewing exclusions; b. Require the Department to: i. ii. iii. iv. v. collect and publicly report detailed data on exclusions, disaggregated by age, gender, disability status, and Aboriginal and Torres Strait Islander status; publish annual analysis of this data, broken down by Aboriginal and Torres Strait Islander status, school, and geographical location; set clear goals and targets for reducing exclusions of First Nations students, with consequences for schools failing to meet targets; promote collaboration between schools, families, and community organisations to address the underlying causes of exclusions and improve attendance and disciplinary outcomes; and ensure a higher standard of consideration for the behavioural and cognitive needs of First Nations students with disabilities in expulsion decisions.
Chapter 19: Racism and cultural safety
Recommendation 50
Guided by First Peoples, the Department of Education must: a. Develop a flexible school zoning policy that prioritises the cultural safety of First Peoples, ensuring access to culturally appropriate education and support networks; b. Establish a policy for schools to regularly engage with local First Peoples communities, Traditional Owners, and Elders to ensure a culturally safe and relevant education. This policy must include: i. ii. ongoing funding for First Peoples’ cultural programs and partnerships; and fair and appropriate remuneration for First Peoples’ specialised skills and services. c. Create a cultural safety framework for schools that includes: i. an anonymous reporting mechanism for racism and breaches of cultural safety; ii. iii. iv. vi. actions and measures for compliance; data collection, analysis, and public reporting; governance, oversight, and accountability mechanisms; v. sanctions for breaches; and ongoing evaluation and improvement processes.
Recommendation 51
Guided by First Peoples, the Department of Education must: a. Direct the Victorian Curriculum and Assessment Authority (VCAA) and the Victorian Registration and Qualifications Authority (VRQA) to implement mandatory cultural competency standards; b. Direct the VCAA to elevate First Peoples from a consultative to a leadership role in reviewing the Aboriginal and Torres Strait Islander Histories and Cultures curriculum, ensuring the accurate representation of history, the impacts of colonisation, and First Peoples’ strength and resistance from Prep to Year 12, including acknowledgement of past curriculum harms; c. Audit the curriculum to include Victorian and national First Peoples’ perspectives across all learning areas from Prep to Year 12; and d. Assess the capacity of teaching staff to deliver First Peoples’ content and teach First Nations students, in line with Professional Standards, and review the adequacy of those Standards.
Recommendation 52
Guided by First Peoples, the Department of Education must: a. Support schools with ongoing First Peoples-led professional training, guidelines, and resources for effective curriculum delivery; b. Employ First Peoples to lead teacher training on curriculum delivery to ensure accurate and engaging content reflecting truth-telling and First Peoples’ perspectives; and c. Mandate the integration of the Aboriginal and Torres Strait Islander Histories and Cultures curriculum in planning days.
Recommendation 53 Guided by First Peoples, the Victorian Government (or Minister for Education, as appropriate), must: a. Implement First Peoples-led cultural competency induction and ongoing professional development for teachers; b. Advocate for the Australian Institute for Teaching and School Leadership (AITSL) to review Professional Standards to better incorporate First Peoples’ perspectives and cultural competency; c. Advocate for Initial Teacher Education to include First Peoples’ perspectives and cultural competency; d. Mandate culturally appropriate, trauma-informed practices training for teachers, delivered by ACCOs in every school; and e. Ensure the new First Nations Strategy, Policy and Programs division includes mechanisms for culturally safe disability assessments and supports for First Peoples students.
Chapter 20: Curriculum Recommendation 54 Guided by First Peoples, the Department of Education must: a. Invest in high-quality, First Peoples-authored or endorsed teaching materials to support the Aboriginal and Torres Strait Islander Histories and Cultures cross-curriculum priority; b. Set targets for school libraries to audit and decolonise collections, removing outdated or racist materials and ensuring libraries include: i. ii. iii. iv. truth-telling and respect for all Australians; diverse First Peoples’ voices and perspectives; First Peoples’ knowledge, strengths, and resilience; and works by First Nations authors.
ecommendation 55 Guided by First Peoples, the Department of Education must: a. Increase the number of First Peoples teachers through targeted recruitment, retention programs, and clear incentives for schools that meet set targets; b. Establish a state-funded scholarship program for First Peoples to support their access, participation, and completion of teacher qualifications, including funding for unpaid student placements; c. Commission an independent survey of First Peoples school staff to assess experiences of racism, discrimination, and cultural safety, and their impact on staff retention; d. Strengthen racism and discrimination complaints processes to ensure staff safety and accountability for perpetrators; e. Recognise and remunerate First Peoples teachers for additional colonial and cultural workload, and incorporate this into the Marrung Aboriginal Education Strategy 2016-2026; and f. In relation to the Koorie Engagement and Support Officer (KESO) role: i. ii. iii. clearly define the role and its responsibilities; shift Community Understanding and Safety Training (CUST) delivery from KESOs to ACCOs and fund this; and mandate CUST for all school teachers.
Chapter 21: Workforce
Recommendation 56 Guided by First Peoples, the Department of Education must increase opportunities for First Peoples’ leadership in schools by: a. Implementing professional development, sponsorship, and mentoring programs, along with dedicated leadership positions for First Peoples teachers and staff; and b. Increasing First Peoples representation on school councils to reflect the First Peoples population in the school or region.
Recommendation 57 Guided by First Peoples, the Victorian Government must undertake a comprehensive overhaul and reconstruction of Government and First Peoples schooling interaction. This includes: a. Establishing a First Peoples Education Council comprised of and led by First Peoples with a mandate to: i. ii. oversee and ensure accountability for First Peoples schooling educational outcomes; and lead reforms over curriculum and resource allocation for First Peoples’ education; b. Replacing the Marrung Aboriginal Education Strategy 2016-2026 at the end of its life with a new strategy that includes measurable outcomes and annual reporting to Parliament to track and address progress effectively.
Chapter 22: Accountability and self-determination
Recommendation 58 Guided by First Peoples, the Victorian Government must ensure outcomes for First Peoples’ students are linked to measurable targets in: a. School Annual Implementation Plans; b. Executive performance plans; c. School and principal Key Performance Indicators; and d. School funding.
Recommendation 59
Guided by First Peoples, the Victorian Government must improve implementation, oversight and accountability of Student Support Groups (SSGs) and Individual Education Plans (IEPs) by: a. Mandating measures for timely implementation, accountability, self- determination and cultural safety in SSGs and IEPs; and b. Mandating inclusion of student and carer/family voice in IEPs.
Recommendation 60 Guided by First Peoples, the Victorian Government must ensure that all schools use Equity Funding to directly benefit the students for whom it is intended.
Recommendation 61 Guided by First Peoples, the Victorian Government must transfer control, resources and decision-making power over curriculum, pedagogy, governance, and resource allocation for First Peoples’ education to First Peoples, to be negotiated through the Treaty process.
Recommendation 62 Victorian universities must engage in public truth-telling about their historical engagement with First Peoples and the ongoing legacy of these actions.
Chapter 23: Tertiary overview and historical context
Recommendation 63 Guided by First Peoples, Victorian tertiary education providers must enter into reciprocal agreements with Traditional Owners to advance First Peoples’ priorities, including First Peoples leadership, land use and how to embed First Peoples’ knowledges, histories and cultures.
Recommendation 64 The Victorian Government must amend the Victorian Universities Act 2010 (Vic) to: a. Expressly recognise Victorian First Peoples; b. Acknowledge First Peoples’ rights, cultures, histories and perspectives in tertiary education; and c. Incorporate key accountability indicators for the measures set out in Education – Tertiary Chapters 24 and 25.
Recommendation 65 The Victorian Government must establish an oversight body for the tertiary education sector with ongoing funding, powers and responsibility for: a. Ensuring cultural support initiatives and First Nations student support systems are embedded into mainstream university business; b. Addressing racism against First Peoples by duty-holders, including tertiary education providers; and c. Developing governance, oversight and accountability mechanisms, including sanctions for breaches.
Chapter 24: First Peoples students, workforce, and leadership
Recommendation 66 Victorian universities must allocate permanent, ongoing funding for First Peoples’ leadership and First Peoples student support services from mainstream funding streams.
Recommendation 67 Guided by First Peoples, Victorian universities must recognise and recompense First Peoples staff for the ‘colonial load’ they carry.
Recommendation 68
Guided by First Peoples, the Victorian Government must: a. Advocate to the Federal Minister for Education to direct the Tertiary Education Quality and Standards Agency (TEQSA) and other relevant professional bodies, to the extent necessary to mandate registered Victorian universities to include specific content about Victorian First Peoples in their courses; b. Advocate for the inclusion of the cross-curriculum priority: ‘Learning about Victorian First Peoples histories and cultures’ across all units in pre-service and post-graduate teacher courses; and c. Advocate to the relevant professional bodies for social work, medicine and nursing to stringently enforce university compliance with compulsory course requirements relating to First Peoples, and to the legal professional bodies to require compulsory First Peoples-related subjects in law degrees.
Chapter 25: Curriculum and education
Recommendation 69
The Victorian Institute of Teaching, in conjunction with universities, must develop a qualification, such as a Graduate Diploma of First Peoples Curriculum Teaching.
Recommendation 70
Led by First Peoples, the Victorian Government must (working with the Federal Government, where necessary): a. Increase funding to First Peoples-led health services to ensure they are sufficiently resourced to deliver to First Peoples, regardless of where they live, a similar range of services, including: i. ii. iii. maternal and child health services; financial support programs for those struggling with cost of living and food security; and alcohol and drug services (including withdrawal and residential rehabilitation services). b. Fund First Peoples-led organisations to deliver: i. a holistic range of aged care services, both residential and non-residential; and ii. palliative care services.
Chapter 28: Health inequities
Recommendation 71 Led by First Peoples, the Victorian Government must expand and fund ACCOs to deliver accessible and culturally safe funeral and burial services.
Recommendation 72 The Victorian Government must: a. Develop a regulatory framework to increase compliance with the Cultural Safety Principle set out in section 27 of the Mental Health and Wellbeing Act 2022 (Vic); and b. Amend section 27 of the Mental Health and Wellbeing Act 2022 (Vic) to require that all entities involved in the response, treatment, or care of First Peoples comply with the Cultural Safety Principle.
Chapter 29: Mental health and social and emotional wellbeing
Recommendation 73 The Victorian Government must: a. Amend the Mental Health and Wellbeing Act 2022 (Vic) to replace the Health Led Response Principle with robust statutory obligations on both Victoria Police and health professionals in relation to First Peoples, removing all Protective Service Officer powers to respond to mental health crises and significantly investing in health-led responses and divesting from Victoria Police. b. Introduce and fund a compulsory workforce training requirement for police to facilitate a health-led response in relation to First Peoples.
Recommendation 74 The Victorian Government must develop a robust and publicly available strategy to reduce compulsory assessment and treatment of First Peoples on the basis that compulsory treatment is a ‘last resort.’
Chapter 29: Mental health and social and emotional wellbeing
Recommendation 75 In relation to First Peoples, the Victorian Government must: a. Review the implementation of the Mental Health and Wellbeing Act 2022 (Vic) relating to restrictive interventions. b. Assess the extent to which the Government is ‘acting immediately’ to ensure restrictive interventions is only used as a last resort. c. Develop a regulatory framework for the reduction of restrictive interventions to give effect to section 125 of the Mental Health and Wellbeing Act 2022 (Vic).
Recommendation 76 In relation to First Peoples, the Victorian Government must require mental health service providers and government agencies to report publicly on an annual basis on: a. Their use of restrictive interventions and compulsory assessment and treatment; b. Steps taken to comply with the obligation to reduce and eventually eliminate restrictive interventions; c. Compliance with the Cultural Safety Principle; and d. Responses to mental health crises including exercise of police powers and the transition to health-led crisis responses.
Recommendation 77 The Victorian Government must ensure that First Peoples’ complaints against police in relation to the exercise of powers under the Mental Health and Wellbeing Act 2022 (Vic) are not investigated by police.
Recommendation 78
The Victorian Government must improve the responsiveness of the Mental Health Tribunal by: a. Increasing First Peoples-led support before and representation on the Tribunal. b. Enabling the Mental Health Tribunal to hear First Peoples’ stories and receive relevant cultural information, including the way in which connection to culture, community, kin and Country can support good mental health and wellbeing. c. Empower the Mental Health Tribunal to make findings and orders in relation to mental health services and treating teams.
Recommendation 79
Led by First Peoples, the Victorian Government must fund the establishment of a Victorian First Peoples prevention of family violence peak body bestowed with legislative powers including to oversee the introduction and implementation of family violence death review mechanisms for formal reporting.
Chapter 30: Family violence
Recommendation 80
Led by First Peoples, the Victorian Government must provide sustainable, long- term funding to ACCOs to: a. Expand existing services and deliver new initiatives to respond to family violence; and b. Establish First Peoples Women’s Centres for First Peoples women affected by family violence, including a comprehensive suite of culturally safe, holistic specialist and preventative supports such as SEWB, mental health, alcohol and drug support and crisis accommodation.
Recommendation 81 Led by First Peoples, the Victorian Government must: a. Invest in primary prevention initiatives (e.g. universal prevention programs for all Victorians) which address racism, before family violence occurs; and b. Develop and invest in initiatives to educate, prevent and reduce the likelihood of escalation of behaviour and/or repeat offences of users of violence once they have been identified.
Recommendation 82
Led by First Peoples, the Victorian Government must: a. Take legislative, administrative and other steps to eliminate racism against First Peoples from Victorian health settings; b. Legislate and fund the development of cultural safety service standards to be met by public and community health services (including those operating in custodial health settings). The standards should protect the cultural safety of First Peoples patients and families and First Peoples staff; and c. Explore the feasibility of setting up an accreditation process to assess services against the cultural safety service standards that is appropriately resourced and led by a First Peoples organisation with experience in the health sector.
Chapter 31: Racism, workforce and accountability
Recommendation 83
The Victorian Government must: a. Fund all workforce actions in the Victorian Aboriginal Health and Wellbeing Partnership Agreement Action Plan, with a focus on extending student placements, internships, cadetships and graduate placements; and b. Increase First Peoples’ leadership and representation in the Department of Health, health services and health service boards. This must be reported on in annual reports.
Recommendation 84
Led by First Peoples, the Victorian Government must: a. Transfer oversight and responsibility of First Peoples’ prison healthcare from the Department of Justice and Community Safety to the Department of Health. b. Provide First Peoples people in custody with primary healthcare, social and emotional wellbeing support, specialist services and access to disability supports at equivalent standard to that provided in the community, as well as ensuring First Peoples’ cultural safety. c. Work with the Federal Government to ensure that First Peoples in prison have access to the Pharmaceutical Benefits Scheme (PBS) and the Medicare Benefits Schedule (MBS). d. Revise the system for auditing and scrutiny of custodial healthcare services, to ensure that there is a robust oversight of all providers of prison healthcare (both public and private) and public reporting of the outcomes. e. Reform the prison complaints process to ensure that First Peoples’ prison complaints, including complaints against private prisons and contractors, are handled by an appropriately resourced independent oversight body with sufficient powers to refer matters for criminal investigation. The body must be accessible to First Peoples in prison and complainants must have adequate legislative protection.
Chapter 32: Health and the criminal justice system
Recommendation 85
Led by First Peoples, the Victorian Government must: a. Develop a model for an equitable proportion of funding to ACCOs delivering health services immediately. b. According to a clear published plan and timeline, transition all Victorian Government departments’ funding for ACCOs’ service delivery (where those ACCOS are delivering health services) to outcomes-focussed recurrent funding that includes indexation. c. Establish an ACCO Perpetual Infrastructure Fund to provide long-term ongoing self-determined minor capital, maintenance, planning and management resources for ACCOs delivering health services across all holistic wrap-around services. d. Prioritise pay parity, training, upskilling and leadership development of all staff in the ACCO sector in accordance with the Victorian Health Workforce Strategy and ensure that ACCOs delivering health services have a self-determining role in how this is implemented.
Chapter 33: Aboriginal community controlled healthcare
Recommendation 86
The Victorian Government must fully fund and implement Mana-na woorn-tyeen maar-takoort: The Victorian Aboriginal Housing and Homelessness Framework and the projects under the Framework, including in particular by: a. Addressing housing supply issues; b. Appropriately funding and supporting ACCOs to deliver housing solutions; c. Increasing support for private rental and home ownership; d. Delivering an Aboriginal-focused homelessness system; e. Fully funding and implementing the Blueprint for an Aboriginal-specific Homelessness System in Victoria; and f. Fully funding and implementing the recommendations in Aboriginal private rental access in Victoria: Excluded from the Start.
Chapter 35: Housing and First Peoples in Victoria
Recommendation 87
The Victorian Government must reduce First Peoples’ overrepresentation on the Victorian Housing Register by making Aboriginal and Torres Strait Islander status a criterion for Priority Access to social housing.
Recommendation 88
The Victorian Government must urgently increase funding and support for Traditional Owner groups and ACCOs to provide homelessness services, transitional housing and a culturally safe housing model that meets the range of specific needs of First Peoples.
Recommendation 89
The Victorian Government must take steps to urgently increase First Peoples’ housing supply, including by: a. Making equitable and stable investments to grow and maintain ACCO community housing supply; b. Providing funding to ACCOs to implement alternative models such as build and own, managed by private agent or partnership arrangements; c. Extending the Big Housing Build and increase targets from 10% to 25% funding allocation for First Peoples’ housing over the next 5 years; d. Transferring fit-for-purpose public housing units to ACCOs and providing repair and refurbishment funding; e. Funding ACCOs to respond to barriers facing prospective First Peoples homeowners including expanding knowledge and education strategies on how to enter the home ownership market; and f. Developing new and innovative shared equity and rent-to-buy schemes for First Peoples in Victoria.
Recommendation 90
The Victorian Government must expand support for ACCOs and Traditional Owner groups to provide self-determined housing to First Peoples, including by: a. Providing feasibility and start-up costs; b. Facilitating community engagement and design of new housing projects; and c. Providing funding, resourcing and assistance to engage in and maintain registration as housing providers.
Recommendation 91
The Victorian Government must: a. Revise the implementation timeline and proposed goals of the Yuma Yirramboi Strategy, including developing a publicly accessible monitoring and accountability plan for the strategy. b. Incentivise major corporations in Victoria’s private sector to embed more First Peoples businesses in supply chains. c. Change procurement monitoring and targets from number of contracts to total dollars spent to accurately reflect investment. d. Develop, resource and implement an Indigenous Preferred Procurement Program.
Chapter 36: Economic prosperity
Recommendation 92
The Victorian Government must assist recruitment, development, and retention of First Peoples in the workplace by: a. Amending the Occupational Health and Safety Act 2004 (Vic) to include an obligation on employers and employees to take steps to ensure cultural safety and capability in Victorian workplaces. b. Creating a pipeline of First Peoples talent for identified industries with skills shortages, including bolstering access to education and vocational training for First Peoples to prepare them for high-value employment sectors. c. Monitoring and ensuring proper pay and conditions against defined targets for First Peoples in the public sector. d. Monitoring and ensuring proper remuneration for the cultural load borne by First Peoples in the workplace. e. Ensure the private sector develops recruitment, development, mentoring and retention strategies for First Peoples and support the private sector in developing such strategies.
Chapter 36: Economic prosperity
Recommendation 93
The Victorian Government must take steps to ensure increased First Peoples representation on both company and government boards through improved accountability and transparency measures, including requirements to publicly disclose board diversity and report annually on First Peoples representation.
Recommendation 94
The Victorian Government must ensure that the Self-Determination Fund is adequately resourced on a guaranteed, ongoing basis to meet its current and future purposes.
Recommendation 95
The Victorian Government must negotiate with First Peoples to establish a capital fund, through the Self-Determination Fund or other means, to enable investment by First Peoples and First Peoples organisations in capital markets and other initiatives to promote economic prosperity.
Recommendation 96
The Victorian Government must negotiate with First Peoples the establishment of a permanent First Peoples’ representative body with powers at all levels of political and policy decision making.
Chapter 37: Political life
Recommendation 97
The Victorian Government must commit funding and resources to systemic reform to facilitate, embed and ensure Indigenous Data Sovereignty and Indigenous Data Governance in relation to First Peoples’ records, including through treaty by funding, resourcing and supporting the establishment of a Victorian First Peoples-controlled statewide body for First Peoples’ data, records and data governance expertise.
Chapter 38: Access to records
Recommendation 98 T
The Victorian Government must: a. Provide ongoing and sustainable funding for existing First Peoples-controlled archives, including for operational costs; b. Increase resources for organisations supporting First Peoples to access their records; c. Prioritise the digitisation and searchability of First Peoples’ records, including working with First Peoples to reframe how records are described; and d. Provide First Peoples with priority access to records and archives identified as relating to First Peoples.
Chapter 38: Access to records
Recommendation 99 The Victorian Government must: a. Officially acknowledge the responsibility of its predecessors for laws, policies and practices that contributed to systemic injustices against Victorian First Peoples; b. Make official apologies to First Peoples in Victoria; and c. Negotiate with the First Peoples’ Assembly of Victoria a form of words for official apologies to First Peoples individuals and communities.
Chapter 39: Redress
Recommendation 100
Through both Statewide and Traditional Owner treaties, the Victorian Government must provide redress for injustice which has occurred during and as a result of the colonial invasion and occupation of First Peoples’ territories and all consequent damage and loss, including economic and non-economic loss for genocide, crimes against humanity and denial of freedoms. In respect of the redress obligations for the taking of land, waters and resources from First Peoples, the Victorian Government must act consistently with the principles in UNDRIP Articles 8(2)(b) and 28, including the following: a. Redress for economic loss including past loss, loss of opportunities and loss to future generations; b. Interest on economic loss; c. Redress for non-economic loss including cultural loss, assessed as at the date of extinguishment; and d. Interest on non-economic loss. Redress should take the form of: e. Restitution of traditional lands, waters and natural resources ownership rights to First Peoples; f. Monetary compensation; g. Tax relief; and h. Such other financial or other benefits as may be requested by the First Peoples’ Assembly of Victoria or the local treaty bodies in treaty negotiations. ‘Redress’ does not, in principle, include equitable benefit-sharing of natural resources or the revenue or other benefits derived from the use or exploitation of natural resources. First Peoples have a separate right to equitable benefit- sharing from the exploitation or use of the natural resources on their territories. Notwithstanding this, the First Peoples Assembly of Victoria and local treaty bodies should not be prohibited from allocating additional benefit share to meet redress obligations for historical wrongs. Chapter 39:
