The preventable death in custody of Indigenous woman Veronica Nelson — and the damning inquest findings that followed — have prompted calls for urgent reform in Victoria's legal profession, which has led to Indigenous legal leaders launching a landmark cultural capability framework.
The First Nations Cultural Capability Framework, created by the Victorian Aboriginal Legal Service (VALS) in partnership with Victoria Legal Aid (VLA) and the Law Institute of Victoria, is the first initiative of its kind in Australia.
It is designed to ensure First Nations people in Victoria receive legal assistance that is culturally safe, empowering, and responsive — while acknowledging the systemic barriers Indigenous people continue to face in achieving fair outcomes.
VLA Director of First Nations Services, Ashley Morris, said the framework was just the "beginning of a broader journey," and an opportunity to be "guided by first peoples, and set the standard of what they expect to receive when engaging and seeking legal assistance".
"The framework will assist us as an organisation to develop culturally safe services by providing a community of practice and training offerings," the Gunditjmara man said.
Its release comes after the coronial inquest into the death of Ms Nelson — a Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman — who died in January 2020 in a "vomit-ridden" prison cell from a rare gastrointestinal condition. She had called for help 49 times in the lead-up to her death.
In December 2019, Ms Nelson was arrested for shoplifting, denied bail after representing herself in court, and given only six minutes to speak with a legal professional before her hearing.
In his findings, Coroner Simon McGregor recommended mandatory cultural awareness training for Victorian lawyers, saying it was essential for legal practitioners to uphold the rights of their clients and produce just outcomes.
Speaking at the framework's launch webinar, Yuin barrister Timothy Goodwin said the initiative would "strengthen justice outcomes for First Nations communities and contribute to reducing their disadvantage in this sector".
Reflecting on Ms Nelson's case, he said: "It's amazing how quickly that [time] goes when you think about someone completely understanding, assessing, and analysing the legal needs of a client who is facing incarceration — as an Aboriginal woman."
"I often think about that figure a lot in that context."
VALS chief executive Nerita Waight said First Nations people carry "generations of discrimination" into the courtroom.
"Often that person who is fronting court — they've had family who have been incarcerated for generations," the Yorta Yorta and Narrandjeri woman said.
"They've had family; had their children, removed — generation after generation — and they're coming in with all of that trauma. Six minutes isn't enough to unpack that."
Ms Waight said the framework should be seen as part of a broader, system-wide shift in how First Peoples engage with the legal sector.
"We know training isn't a cure-all," she said. "It has to be supported by a range of levers that enable behavioural change across individual, organisational, [and] professional levels."
Mr Morris stressed the initiative's First Nations leadership, saying it represents "a true transfer of resource power [and] decision making in an attempt to address trauma, support [and] healing through the legal profession, where we know we're so over represented".
He noted the framework is tailored specifically for the Victorian legal profession — and the diversity of Koorie experiences across the state.
"We're talking about Koorie people's experiences of the justice system," he said.
"There's, I think, 38 unique mobs here in Victoria alone, and the training will be Victorian specific; Koorie specific. That's First Nations, Aboriginal and Torres Strait Islander people living in Victoria."
