The Victorian Aboriginal Legal Service (VALS), alongside Victoria Legal Aid and the Law Institute of Victoria, is proud to announce the launch of a landmark initiative to improve the experiences of First Nations peoples seeking legal advice and representation in Victoria.
The First Nations Cultural Capability Framework is a First Nations-led, Australia-first collaborative effort that acknowledges the difficult truth that whilst First Nations people deserve just legal outcomes, they are often faced with barriers within the legal system. The overrepresentation of First Nations peoples in incarceration, and the high number of First Nations children in out of home care, are stark reminders of this.
The Framework is designed to ensure that First Nations peoples in Victoria receive legal assistance and representation which is culturally responsive and empowering.
The tragic and preventable death of Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman, Veronica Marie Nelson, and the subsequent Coronial inquest further highlighted the urgent need for change across the Victorian legal profession.
Coroner McGregor’s recommendations, including mandatory cultural awareness training for Victorian lawyers, highlight the importance of helping legal practitioners to be more capable of responding to First Nations people appropriately and upholding their legal rights to produce more just outcomes.
This initiative is a major step towards long-term, meaningful change in the legal sector for First Nations communities. It highlights the essential knowledge, attitudes, and skills that legal practitioners need in order to work in a culturally responsive and empowering way.
The First Nations Cultural Capability Framework is tailored specifically for the legal profession and provides the foundation for a necessary uplift in cultural capability. Foundational training based on the Framework is currently in development and will be rolled out in stages to all legal professionals – this is a necessary step in this journey to being culturally capable in the eyes of the community and the clients we see each and every day.
For the next phase of this project, we will continue to partner with stakeholders to develop specialised modules for relevant roles and areas of expertise. Combining lived experience insight with legal expertise is vital to ensuring this initiative is impactful and sustained.
VALS recognises the initial work undertaken by VLA and LIV before assuming leadership of this project, including their championing of the need for a strengths-based approach to building cultural capability across the profession.
Quotes Attributable to Nerita Waight, CEO of the Victorian Aboriginal Legal Service:
“We know that Aboriginal and/or Torres Strait Islander people face discrimination within the colonial legal system in both big and small ways that compound to create unjust outcomes. This Framework is an opportunity for lawyers and the sector more broadly to make a genuine effort to engage in cultural capability to better represent their clients, reduce harm and achieve fairer outcomes for their First Nations clients.”
“This Framework and the associated training and resources represent an important turning point for the legal profession in Victoria – an important step as part of an ongoing journey that will ensure that there is a modicum of justice in the legal system.
Quotes Attributable to Ash Morris, Director First Nations Services, Victoria Legal Aid:
“Culturally accessible, safe, and responsive legal services are crucial for improving First Nations peoples’ access to justice. This First Nations-led framework lays the foundations for strengthening practice for the Victorian legal profession.
“The tailored learning opportunities guided by this framework provide a unique opportunity for Victorian legal professionals to build on and continue to develop the skills and understanding they need to support better justice outcomes for First Nations people.
“This understanding can make all the difference for First Nations clients, their families and communities.”
Quotes Attributable to Toby Hemming, CEO of Victoria Legal Aid:
“As the largest provider of legal services in Victoria, we are committed to playing our role in improving outcomes for First Nations people within the legal system. Culturally safe and responsive assistance is essential in providing quality legal services that empower First Nations clients to make informed choices about their legal options.
“We are proud to be a partner in this First Nations-led project – an Australian first. We know that supporting our legal professionals to begin, or continue, their cultural learning is an important contribution to much needed change in the legal sector.”
Quotes Attributable to Adam Awty, CEO of Law Institute of Victoria:
“The development of the First Nations Cultural Capability Framework is an important step on the journey of learning and development of the legal profession about how to provide culturally appropriate and responsive legal assistance to First Nations people in order to provide better outcomes. The LIV is proud to be supporting this First Nations-led initiative to drive change through the profession and the justice sector. We encourage all Victorian legal practitioners to use the Framework as an opportunity to strengthen their skills in all aspects of legal practice to improve how the profession delivers legal services to First Nations clients.”