Strengthening governance and cultural authority through Free, Prior and Informed Consent
As First Peoples, we hold Sovereign authority over decisions about our lands, waters and futures. That includes the right to self-determination and to give or withhold Free, Prior and Informed Consent (FPIC).
Representative bodies such as Land Councils, Native Title Representative Bodies and Prescribed Body Corporates (PBCs) were created through decades of struggle. They were meant to represent our families and Clan groups, and enable decisions about what happens on our Country. But that’s not what happens in reality.
To uphold First Peoples’ Sovereignty and self-determination, these bodies must truly represent the families they are meant to serve and uphold FPIC.
Australia has committed to these rights through the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). But too often, governments and corporations treat consent as a box-ticking exercise, not a genuine process that upholds community authority.
The problem: no Free, Prior and Informed Consent
Many representative bodies do important work. But there are serious and widespread issues:
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Some organisations are treated as “representative” when they do not represent all families
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Decisions are made without proper consultation or agreement from Traditional Owners
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Cultural authority and dissenting voices are sidelined
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“Consent” is claimed for projects that family Clans have not genuinely agreed to
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Too often, there is a lack of transparency and accountability
Native Title is not Land Rights. While Native Title has created opportunities for some, it remains the weakest form of land rights in this country. It often creates division within and between families, while lawyers, anthropologists, consultants and corporations extract the greatest benefit.
Governments and extractive industries frequently seek out individuals or groups willing to sign off on projects, then call that consent. Without proper processes, many people are excluded from decisions about their own Country.
A system under pressure
These governance failures don’t happen in isolation. They sit within:
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ongoing impacts of colonisation
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chronic underfunding
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structural pressure on First Peoples’ organisations
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a capitalist, extractive system
When communities are under-resourced, large corporate payments can be hard to refuse, even when they come at the expense of Country or other families. Often this is not even a real choice. Projects will go ahead with or without the consent of Traditional Owners, and it’s just a question on whether they can get any economic benefit from them at all.
The Office of the Registrar of Indigenous Corporations (ORIC) regulates First Nations corporations. But it does not have the power or resources it needs to properly deal with governance problems or the wider impacts of colonisation on these organisations.
The system, as it stands, too often rewards harmful outcomes instead of genuine self-determination.
What needs to change
If we are serious about Sovereignty and self-determination, representative bodies must:
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genuinely reflect the families they serve
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uphold cultural authority
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ensure real Free, Prior and Informed Consent
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be transparent and accountable to community
My plan: strengthening governance and accountability
I am working to strengthen First Nations governance by pushing for:
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A Senate inquiry into First Nations governance and accountability, including in Native Title Representative Bodies, Prescribed Bodies Corporate and Land Councils. Unfortunately, despite many years of advocacy, and the huge level of concern in the community, there is not yet enough support in the Senate to get this across the line. I am continuing to work on this.
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Amending the Native Title Act and CATSI Act to improve transparency, accountability, conflict-of-interest management and space for dissenting voices.
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Providing ORIC with the statutory mandate and resourcing it needs to address governance failures in First Nations corporations and overcome systemic barriers created by colonisation.
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Ensuring Free, Prior and Informed Consent is properly upheld by all First Nations representative bodies, governments and corporations, through rigorous and inclusive consultation processes, accountability mechanisms and dispute resolution processes.
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Full implementation of the UN Declaration of the Rights of Indigenous Peoples, including in federal legislation, as per the UNDRIP bill I introduced in 2023.
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Increasing resourcing for governance and community engagement, so representative bodies are supported to meaningfully engage with all families they represent, not just a select few.
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Pathways for First Peoples to pursue their rights independently, where existing representative structures fail to reflect cultural authority.