First Peoples in Victoria are strong and  self-determining — progress

Key initiatives

DPC has delivered the following key initiatives in 2023–24, making a significant contribution to the achievement of the objective that First Peoples in Victoria are strong and self-determining.

Output: Self-determination policy and reform advice and programs

Supported strong policy outcomes for First Peoples that promote self-determination and address injustice

In 2023–24, DPC continued to provide strategic policy advice to the Premier and Minister for Treaty and First Peoples in the Treaty and First Peoples portfolio. This includes promoting and facilitating policy which embeds self-determination and supports equitable outcomes aligned with the Victorian Aboriginal Affairs Framework 2018–2025 commitments, Treaty processes, engaging with and responding to the Yoorrook Justice Commission, and commitments under the National Agreement on Closing the Gap.

Coordinated implementation across government of the National Agreement on Closing the Gap

DPC has continued to support the Closing the Gap Partnership Forum as the Victorian Government’s formal shared decision-making forum for delivering commitments under the National Agreement on Closing the Gap. This included supporting 4 meetings of the Partnership Forum.

In 2023–24 DPC worked closely with Ngaweeyan Maar-oo, the Koorie Caucus of the Partnership Forum, to action key commitments under the National Agreement including completing Victoria’s Expenditure Review, establishing a combined Place-Based Partnership and Community Data project, establishment work for the new Victorian Closing the Gap Implementation Plan, making a public submission to the Productivity Commission Review of the National Agreement on Closing the Gap, and alongside other government parties and the Coalition of Peak Aboriginal and Torres Strait Islander Organisations, developed a Joint Council on Closing the Gap response to the Productivity Commission review.

Advanced Aboriginal self-determination and improved outcomes in line with commitments made by the Victorian Government

In 2023–24 DPC delivered the Victorian Government Aboriginal Affairs Report 2023, which considers how the government is tracking against commitments to improving outcomes for Aboriginal Victorians against the Victorian Aboriginal Affairs Framework, the Victorian Government Self-Determination Reform Framework and the Victorian Closing the Gap Implementation Plan 2021–2025.

Overall, performance against the Victorian Aboriginal Affairs Framework remains mixed with outcomes improving significantly against some measures but remaining stable or worsening against others. Over the shorter term, 27 measures improved, 27 worsened and 18 were stable. 28 measures did not have updated data available, and 11 were unable to be categorised. Over the longer term, 39 measures improved, 26 worsened and 7 were stable. 28 measures did not have updated or comparative data available, and 11 were unable to be categorised.

Preparing to commence formal negotiations with Victoria’s Traditional Owners and First Peoples

DPC has continued to work closely with the First Peoples’ Assembly of Victoria to operationalise the Treaty elements in readiness for negotiations commencing in late 2024.

In December 2023, 5 inaugural members were appointed to the Treaty Authority to serve during upcoming Treaty negotiations in Victoria. The historic appointments were recommended by an independent panel following a rigorous and competitive selection process. In its first year of operation, the main role of the Treaty Authority has been to operationalise the Treaty Authority and establish the Negotiations Database that will contain details of negotiating parties and the Treaties being negotiated.

The Self-Determination Fund is now fully operational, with grants to Traditional Owner groups to support Treaty preparations and negotiations. The Self-Determination Fund is administered by the First Peoples’ Assembly through an independent trustee.

DPC has led work across the Victorian Government to establish the governance and authorisation processes that will enable the State of Victoria to respond to Treaty matters in an efficient and coordinated way.

DPC has progressed meetings of the Minimum Standards and Additional Preparations, as specified in the Treaty Negotiation Framework, to meet the legal requirements to enter into Treaty negotiations. Once invited to enter into negotiations, the State will need to demonstrate to the Treaty Authority that it has complied with the Minimum Standards and is ready to begin negotiations.

DPC has prepared the Advancing the Victorian Treaty Process Annual Report 2022–23 as required under the Advancing the Treaty Process with Aboriginal Victorians Act 2018. The report outlines the work of the State in advancing the Treaty process, ensuring the government is transparent in its work to advance Treaty in Victoria.

Both the State and the First Peoples’ Assembly of Victoria are set to embark on the next phase of the landmark Treaty process and begin formal Treaty negotiations in late 2024.

Led the whole-of-government response to the Yoorrook Justice Commission, the nation’s first truth-telling inquiry

In 2023–24 DPC continued to play a central role in coordinating the whole-of-government response to the Yoorrook Justice Commission (the Commission). DPC progressed key activities to fulfil its role in meeting the State’s commitment to genuine, transparent and proactive engagement with the Commission including:

• led the State response to the Commission’s second interim report, Yoorrook for Justice, which contained 46 recommendations to address systemic injustice in the criminal justice and child protection systems.
• coordinated the State’s response to the Commission’s Land Injustice and Social Injustice lines of inquiry between October 2023 and June 2024, including:
• produced more than 5,000 documents in response to over 80 Notices to Produce issued by the Commission
• provided detailed responses to more than 500 Requests for Information issued by the Commission
• prepared 24 state witnesses for public hearings which took place between March and June 2024, with witnesses including the Premier, Treasurer, Minister for Treaty and First Peoples, Minister for Environment, Minister for Climate Action, Energy and Resources, Minister for Water, Minister for Health and Health Infrastructure, Minister for Mental Health, Minister for Housing, Minister for the Prevention of Family Violence, Minister for Education, the Victorian Public Sector Commissioner, the Commissioner for Residential Tenancies, the Surveyor-General of Victoria, and numerous other senior departmental staff
• coordinated legal representation for the State’s response to the Commission
• provided secretariat support to coordinate the State’s response to the Commission through a whole-of-government working group and interdepartmental committee, which include members of all departments and VictoriaPolice
• supported the appointment of a new Commissioner, former Federal Court Judge the Hon Anthony North KC who was appointed on 31 January 2024.

DPC will continue to engage with and respond to the Yoorrook Justice Commission as it continues to develop its further reform report and final report, for official public record by 30 June 2025.

Delivered the Munarra Centre for Regional Excellence in accordance with self-determined decision-making processes

In 2023–24 DPC continued its focus on delivering the Munarra Centre for Regional Excellence (the Centre), which is nearing completion and will be officially opened on 7 August 2024.

The Centre will drive economic growth in the Goulbourn-Murray region for both First Peoples and non-First Nations people. It will provide a fit-for-purpose, safe space from which Aboriginal community-controlled and led organisations and their partners can deliver culturally responsive education, employment, health and wellbeing initiatives. At the same time, the Centre will showcase and celebrate First Peoples knowledge, culture and entrepreneurship as a regional, state and national asset. The project has been delivered in line with best practice First Peoples engagement and principles of
self-determination.

DPC has also continued to provide advice to other government agencies in relation to infrastructure projects, including best practice design and construction engagement and procurement processes with First Nations communities.

Recognised the achievements of Aboriginal Victorians through Aboriginal cultural events and awards

In 2023–24, the Victorian Government committed $0.25 million to support significant First Nations cultural events and awards. Key initiatives included the Victorian Aboriginal Honour Roll, recognising 11 First Nations leaders for their contributions to the State; the Victorian Aboriginal Remembrance Service, honouring First Nations servicemen and women; and the NAIDOC State Reception, which brought together over 250 guests to celebrate First Peoples’ achievements, cultures, and to connect the Victorian Government with notable community members.

The Victorian NAIDOC Committee was also funded to deliver a range of events for NAIDOC Week, including the Victorian NAIDOC Awards, NAIDOC Flag Raising Ceremony, NAIDOC Pride Gala, NAIDOC March and the Vic NAIDOC Ball. These events celebrated First Nations’ culture and history, and recognised the resilience of First Nations’ Elders, youth, sportspeople and LGBTQIA+ community members.

This program of First Nations’ cultural
events and awards underscores the Victorian Government's commitment to honouring First Peoples' cultures, excellence, leadership and histories.

Output: Traditional owner engagement and cultural heritage management programs

Drove strong cultural heritage management and protection under Victoria’s Aboriginal cultural heritage system

In 2023–24 DPC continued to support the protection of Victoria’s Aboriginal cultural heritage management system under the Aboriginal Heritage Act 2006. DPC administers the regulatory, enforcement and approval processes under this system to protect Victoria’s significant Aboriginal cultural heritage.

The following statutory activities were delivered in 2023–24:

• recorded 747 Aboriginal places on the Victorian Aboriginal Heritage Register, bringing the number of Aboriginal places recorded to more than 41,000
• made decisions on 62 cultural heritage management plans and two amendments to plans prepared in parts of Victoria where Traditional Owners have not been formallyrecognised
• issued 16 cultural heritage permits
• made decisions on 64 preliminary Aboriginal heritage tests, providing developers and land users certainty about whether a cultural heritage management plan is required for a proposed activity.

In 2023–24 DPC also supported cultural heritage management by:

• Supporting Registered Aboriginal Parties (RAPs) to carry out their functions under the Aboriginal Heritage Act, delivering 16 capacity development projects to Traditional Owner organisations to support their protection and management of cultural heritage. This included training in identifying and recording archaeological sites and Aboriginal cultural places, and the delivery of a stone tool identification workshop, providing Aboriginal participants the skills to identify and record Aboriginal stone tools and artefacts.
• Delivering the Certificate IV in Cultural Heritage Management to Aboriginal students, through its partnership with La Trobe University, and administering 2 cultural heritage management workshops to Aboriginal people interested in pursuing a career in Aboriginal cultural heritage management.
• Supporting 2 RAP forums, providing RAPs with opportunities to share knowledge and improve protection outcomes for Aboriginal heritage across the State. DPC also continued to provide advice and support to RAPs carrying out their duties under the Aboriginal Heritage Act.

DPC has undertaken its enforcement and compliance responsibilities during the reporting period. This included:

• completing 109 investigations into reports of non-compliance with the Aboriginal Heritage Act across Victoria
• two prosecutions for harming Aboriginal cultural heritage.

Other activities in 2023–24 under this initiative included:

• driving a proactive enforcement and compliance strategy, preventing the occurrence of offences under the Act and supporting improved ongoing compliance and protection of Aboriginal heritage
• supporting Traditional Owners to better protect Victoria’s most significant Aboriginal cultural heritage places, such as progressing the development of Ongoing Protection Declarations at significant Victorian cultural landscapes, as well as the ongoing management of places with existing Ongoing Protection Declarations.

And finally, in 2023–24 DPC has been working with Traditional Owners, partner agencies and the Commonwealth Government to consider how Aboriginal heritage values can be managed by proposed offshore development projects in the waters south of Victoria.

Supported non-formally recognised Traditional Owner groups to access independent legal and research services

In 2023–24, DPC entered into a second, 4-year $3.9 million funding agreement with First Nations Legal & Research Services (FNLRS) to continue their work with Traditional Owners to achieve legal recognition and prepare for Treaty negotiations. The agreement gives effect to the commitment of the 2023–24 State Budget initiative — Traditional Owner formal recognition support services — and enables forward planning by FNLRS in this important work. The agreement focuses FNLRS’ support for Traditional Owners in 4 areas of Victoria without any legal recognition — mid north-west, central north, northeast and far east Gippsland.

In 2023–24, FNLRS undertook a range of activities across four domains, including ‘knowledge’, ‘identity’, ‘rights’ and ‘Treaty’.

Knowledge: FNLRS convened in-person meetings and workshops with Traditional Owners (including engaging Elders and youth) and developed accessible communication materials and educational resources. This is to ensure that Traditional Owner groups have a strong knowledge base to inform and empower decision-making.

Identity: FNLRS engaged with Traditional Owners in genealogical and historical research processes.

Rights: FNLRS engaged with Traditional Owners across the four regions of Victoria where Traditional Owners had no formal recognition to enable Traditional Owner groups to exercise their inherent rights, including self-determination, and to ensure that these rights are upheld and respected.

Treaty: FNLRS engaged with Victoria’s key Treaty Bodies including the First Peoples’ Assembly, the Self-Determination Fund and the Treaty Authority to explore options for FNLRS’ role in the Treaty process.

The government previously provided funding of $2.4 million to FNLRS through the Traditional Owner Nation-building Support Package, comprising $1.0 million from the 2019–20 State Budget and $1.4 million from the
2021–22 State Budget.

Responded to native title claims made in the Federal Court of Australia

In 2023–24, the State of Victoria was the first respondent to the following native title determination applications in the Federal Court:

• Boonwurrung
• Eastern Maar
• Gunditjmara
• First Peoples’ Millewa-Mallee
• Wamba Wemba
• Wadawurrung
• Dhudhuroa, Waywurru and Ngurai Illum.

In 2023–24, the second consent determination of native title for Eastern Maar People was made by the Federal Court. The first section 47C agreement under the Native Title Act 1993 (Cth) was executed with the Eastern Maar People to enable native title rights to exist on public land set aside for conservation purposes.

Negotiated and implemented agreements between the State and Traditional Owner groups

In 2023–24, DPC continued work to implement 4 existing Recognition and Settlement Agreements (RSAs) under the Traditional Owner Settlement Act 2010 (Vic) with Dja Dja Wurrung, Taungurung, Gunaikurnai and the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples of the Wotjobaluk Nations.

RSAs seek to formally acknowledge the rights of Traditional Owners and establish a framework for the settlement of land and natural resource claims outside the court system.

In 2023–24, DPC:

• continued negotiations to enhance the RSAs with the Gunaikurnai People
• continued negotiations to enhance the RSAs with Dja Dja Wurrung
• commenced preparatory work to commence the second stage of negotiations with the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples of the Wotjobaluk Nations to finalise the existing RSAs
• commenced negotiations for an RSA with the Eastern Maar People.

Supported Aboriginal organisations to build, repair, refurbish or expand community infrastructure

In 2023–24, the Aboriginal Community Infrastructure Program (ACIP) successfully supported the completion of the construction of 15 projects under the ‘Repairs and minor works’ and ‘Capital works and upgrades’ categories. The government provided funding of $8.6 million (excl. GST) in 2023–24 for the 16 projects, with the total value of these projects being $17.1 million (excl. GST). Examples of completed capital works, upgrades, repairs and minor works projects in 2023–24 include:

• Koori Heritage Trust (KHT) — $1.6 million

The ‘Making the Invisible, Visible’ project by KHT involved collaborating with First Nations designers and builders to refurbish and expand the Birrarung building at Federation Square. The design, which uses locally sourced and customised materials, is culturally sensitive and reflects Wurundjeri Woi-Wurrung country and KHT’s proximity to the Birrarung River. The project created additional space for exhibitions and displays, allowing for the careful curation of artefacts and artworks that promote First Peoples’ culture. As a result, there has been an increase in visitor numbers and improved service delivery. In 2024, the project received several honours from the Victorian Architecture Awards, including the Award for Interior Architecture, Commendation for Public Architecture, and the Dimity Reed Melbourne Prize.

• Connecting Home Limited (Connecting Home) — $0.083 million

Connecting Home refurbished their Epping property to enhance accessibility and safety for their clients, community visitors and staff. The upgrades were designed to comply with Australian standards for access and mobility, and included a new accessible entryway and door, as well as refurbished amenities such as toilets, new lighting and light switches.

• Rumbalara Aboriginal Cooperative (Rumbalara) — $0.297 million

Rumbalara transformed a newly purchased property in Mooroopna to serve as its corporate services hub, accommodating up to 50 staff who were previously in a leased building. The redesign focused on improved functionality and accessibility and incorporated culturally safe features. The space also includes a communal area for community to gather and connect. This project also received funding of $484,000 from the Regional Health Infrastructure Fund.

• Gunaikurnai Land and Waters Aboriginal Corporation (GLAWAC) — $0.638 million

GLAWAC designed and built the Wangun amphitheatre at their Kalimna West property, a unique and accessible space that can seat up to 100 people on Country. The amphitheatre features cultural design features that support the practice and celebration of Gunaikurnai cultural heritage and stories. It is a multi-functional space used for traditional dance performances, ceremonies, and community and educational programs throughout the year. This project also received funding of $995,000 from Regional Development Victoria.

In 2023–24, Aboriginal organisations also commenced construction on 11 more projects and submitted key documentation to demonstrate their readiness.

Before the opening of ACIP Round 7 applications, DGS, which administers ACIP grants on behalf of DPC, held 52 meetings with prospective applicants. ACIP Round 7 received 39 applications, and DGS conducted 39 due diligence checks and business unit assessments. DGS also held 4 meetings with special advisors and subject matter experts to review the applications, and 2 meetings with the moderation panel to finalise the Round 7 recommendations. Out of the 39 applications, 22 projects were approved for funding, totalling $11.2 million (excl. GST).

Supported self-governance and self-determination activities at the Lake Tyers and Framlingham Aboriginal Trusts

The Aboriginal Lands Act 1970 grants freehold title over two former reserves — Framlingham and Lake Tyers Aboriginal Trusts. The Minister for Treaty and First Peoples has administration and responsibility for the Act.

In 2023–24, the government invested $2.2 million (ex GST) for DPC towards strengthening self-governance and supporting self-determined activities at the trusts. This investment supported the delivery of municipal and essential services to satisfy the basic human rights of the trusts’ residents, including access to clean drinking water, maintenance of roads, bushfire management, and routine waste management. The funds also support effective governance and operational supports for Lake Tyers Aboriginal Trust and strengthen the independence of the Framlingham Aboriginal Trust, to transition from administration to self-governance.

Further, DPC worked alongside each trust to progress legislative reform. Funding was provided to the trusts to prepare formal responses to the Aboriginal Land Legislation Amendment Bill 2024, which implements recommendations from the independent review of the Act.

Progress towards achieving the objective

The objective indicator, associated data sets and descriptions outlined below provide information to reflect the contribution of the following outputs to DPC’s First Peoples are strong and self-determining departmental objective:

• Self-determination policy and reform advice and programs
• Traditional owner engagement and cultural heritage management programs.

Throughout 2023–24, DPC’s policy advice to the Premier, Cabinet, portfolio Ministers, and key governing boards and committees has continued to impact the government’s agenda in the medium to long term by:

• Continuing to embed self-determination and support equitable outcomes, in alignment with the Victorian Aboriginal Affairs Framework 2018–2025 commitments, Treaty processes, engaging with and responding to the Yoorrook Justice Commission, and commitments under the National Agreement on Closing the Gap.
• Continuing to track and report on Government’s progress against the Victorian Aboriginal Affairs Framework through the Victorian Government Aboriginal Affairs Report
• Continuing to maintain Victoria’s Aboriginal cultural heritage management system, which is established under the Aboriginal Heritage Act 2006 through the administration of regulatory, enforcement and approval processes under this system to protect Victoria’s significant Aboriginal cultural heritage.
• Operationalising the Treaty elements, and ensuring that the State meets the legal requirements to enter into Treaty negotiations will enable negotiations to begin in 2024. Treaties will progress self-determination through the negotiated transfer of power and resources to First Peoples.
• DPC’s progress towards this objective indicator is also demonstrated through the following data:

Objective indicator: First Peoples in Victoria have increased control over decisions that impact their lives

For further details on DPC’s performance in 2023–24, refer to the Performance against output performance measures section of this annual report.