“We are the only state to have worked with traditional owners on a comprehensive alternative to the Native Title Act – and this review will continue that strong collaboration,” Ms Hennessy said. 

“This review will make sure Victorian law is up to date – to ensure we continue to lead the country on self-determination and as a demonstration of our commitment to the treaty process.”

This opens up a review on opportunities to remove bureaucratic obstacles that prevent traditional owners from realising the full benefit of their native title settlements.

It will also look at whether traditional owners are receiving adequate compensation in settlement agreements, including compensation for cultural loss, in line with the High Court’s Timber Creek decision in 2019.

The Timber Creek decision, delivered on 13 March 2019, was when the High Court of Australia had determined, for the first time, the approach to be taken to resolving native title compensation claims.

It was correctly predicted that significant further changes to the law would happen after Timber Creek, whether changes made by the courts or by parliaments would be on the horizon. 

The Native Title Legislation Amendment Bill 2019 was proposed and has been referred to the Senate legal and constitutional affairs legislation committee for report by 28 February 2020. Recently, the Law Council of Australia had conducted its review and made recommendations on the bill.

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Meanwhile, the Victorian government has sought to strengthen land rights with its own commitment to legislative reforms. 

The government is negotiating towards settlements with several other traditional owner groups and is committed to reaching agreements with these remaining groups promptly and fairly.

The first agreement under the Settlement Act was reached in October 2010 with the Gunaikurnai people of Gippsland. It was then followed by agreements with the Dja Dja Wurrung people of mid-northern Victoria in 2013 and more recently with the Taungurung people in 2018.

Combined, the three agreements would cover more than 6 million hectares of the state and include the transfer of 25 parks and reserves as Aboriginal title to the three traditional owner corporations, to be jointly managed by the traditional owner corporations and the state.

Minister for Aboriginal Affairs Gavin Jennings said in a statement: “It’s important we continuously work in collaboration with traditional owners to make sure our legislation is as practical and effective as possible for them.”

To support this commitment, they have invested $4 million in new pre-settlement funding to five traditional owner corporations, to participate in negotiations, build their capacity, and respond to increasing demands on their services and knowledge, particularly in natural resource management.

The Settlement Act was developed in response to the limitations of the Native Title Act for heavily settled areas of the country, including large parts of Victoria, and was designed to deliver land justice for traditional owners in Victoria through out-of-court agreement making. 

Under the Settlement Act, the government’s agreements recognise the traditional owner group’s rights over government land, supporting traditional owners to jointly manage parks and natural resources, as well as providing an opportunity to use government land for cultural purposes and to achieve economic development.

“The committee welcomes this great opportunity for the state to act on the advice of traditional owners on the path to justice for Victoria’s First Peoples,” the First Principles Review Committee said. 

“There’s a lot of hard work to be done, but we’re hopeful this review will deliver a fairer deal for traditional owners’ rights and interests.”