Category 2: Urgent reforms of accountability, cultural competence, and compliance with human and cultural rights

1. To ensure accountability for First Peoples related programs and policies by those responsible for their development and delivery:
  1. government bodies must ensure that First Peoples related programs and policies are rigorously monitored and evaluated
  2. monitoring and evaluation must be designed alongside the development of the program or policy so that it is built into the program or policy (and commences at the same time as implementation)
  3. where programs or policies have existing commitments to monitoring and evaluation, but little or no progress has been made, these must be actioned within six months
  4. where programs or policies do not have monitoring or evaluation included, the inclusion of these must be actioned urgently
  5. these monitoring and evaluation processes must, in accordance with the Burra Lotjpa Dunguludja (AJA4) Monitoring and Evaluation Framework, including:
    being consistent with First Peoples values
    reflecting First Peoples priorities for what is measured and how it is measured
    having an approved regular reporting cycle
    having a commitment to the open reporting of results.
WOVG Position
Support in principle
Lead Minister/agency
Lead Minister: Minister for Treaty and First Peoples
Lead agency: DPC
Liaison agency: All departments
1. The Victorian Government must as an urgent priority, having regard to the right of First Peoples to self-determination, negotiate in good faith with the First Peoples’ Assembly of Victoria: 
  1. the establishment of an independent and authoritative oversight and accountability commission for the monitoring and evaluation of First Peoples related policies and programs 
  2. the detailed functions and membership of the commission, and  
  3. to give the commission the necessary resources and authority to hold responsible government ministers, departments and entities to account for the success or failure of the programs they develop and deliver.
WOVG Position
Under consideration
Lead Minister/agency
Lead Minister: Minister for Treaty and First Peoples
Lead agency: DPC
Liaison agency: All departments
1. The Victorian Government must as soon as possible significantly upscale the capability, competence and support in relation to human rights, including Aboriginal cultural rights, of all persons appointed to work or working in: 
  1. the child protection system
  2. the corrections system, including prisons
  3. the youth justice system, including youth detention and like facilities and the bail system 
  4. the adult justice system including the bail system
  5. Victoria Police, and 
  6. the forensic mental health system
    
    to ensure that they have that capability, competence and support necessary for them to carry out their obligations under the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) and other human and cultural rights laws, and in particular for this purpose the government must: 
  7. review and revise all relevant policies, procedures, protocols, administrative directions, guidelines and like documents 
  8. review all relevant training courses and programs, and 
  9. ensure that Victorian First Peoples businesses or consultants participate on a paid basis in the review and revision of training courses and programs, and the delivery of these, wherever possible.
WOVG Position
Support in principle
Lead Minister/agency
Lead Minister: Minister for Treaty and First Peoples
Lead agency: DPC
Liaison agency: DFFH, DH, DJCS and Victoria Police (recommendation 5e)
1. Drawing on (but not confined to) the recommendations of the 2015 Review of the Charter and its response to that review, the Victorian Government, following a public consultation process that includes the First Peoples’ Assembly of Victoria and other First Peoples organisations, must clarify and strengthen the Charter so that it more effectively:
  1. requires public authorities to act in a way that is and make decisions that are substantively compatible with human rights including Aboriginal cultural rights, and
  2. ensures that public authorities are held accountable for acting or making decisions incompatibly with human rights including Aboriginal cultural rights, including by:
    enabling individuals to bring a legal proceeding in the Victorian Civil and Administrative Tribunal for a remedy (including compensation) against public authorities who have made decisions or acted incompatibly with human rights including Aboriginal cultural rights under the Charter, and
    enabling individuals to rely upon the human rights including Aboriginal cultural rights in the Charter in any legal proceedings, as provided (for example) in section 40C of the Human Rights Act 2004 (ACT).
WOVG Position
Do not support
Lead Minister/agency
Lead Minister: Attorney-General
Lead agency: DJCS
Liaison agency: All departments

Updated 3 April 2024