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Threshold guidelines

Status of Threshold Guidelines under the Traditional Owner Settlement Act 2010

Until 2021, Victorian Traditional Owners seeking to negotiate a Recognition and Settlement Agreement with the State of Victoria under the Traditional Owner Settlement Act 2010 (Vic) (TOS Act) were advised to consult the department’s Threshold Guidelines and to lodge a threshold statement with the Native Title Unit (now the Land Justice Unit) in the Department of Justice and Community Safety.

The use of the Threshold Guidelines is currently on hold, pending resolution of matters raised in recent litigation.

The Land Justice Unit strongly encourages Traditional Owners to contact First Nations Legal and Research Services (FNLRS) to discuss settlement aspirations. FNRLS has a statutory role under the Native Title Act 1993 (Cth) to assist Victorian Traditional Owner groups to prepare for and reach native title-related agreements.

As an interim measure, the Land Justice Unit will work with Traditional Owner groups and FNLRS to advise on an entry process for Traditional Owner groups considering entering into negotiations with the State for a settlement under the TOS Act.

You can contact the Land Justice Unit via email at: 

FNLRS can be contacted by email at: or by phone on (03) 9321 5300.