Several major legal organisations have launched a landmark initiative aimed at improving the experiences of Indigenous people seeking legal advice and representation in Victoria.
The First Nations Cultural Capability Framework, developed by the Victorian Aboriginal Legal Service (VALS), in partnership with Victoria Legal Aid and the Law Institute of Victoria, is the first initiative of its kind in Australia.
It acknowledges the difficult truth that, while Indigenous people deserve fair legal outcomes, they continue to face systemic barriers within the justice system.
Recent data showing the over-representation of Indigenous adults, children, and young people in the justice system further underscores the need for change, the group says.
VALS chief executive Nerita Waight said it is well recognised that Indigenous people face discrimination in the legal system — both overt and subtle — which "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," said Ms Waight, a Yorta Yorta and Narrandjeri woman.
The framework aims to ensure that First Nations peoples in Victoria receive legal assistance that is culturally safe, empowering, and responsive. Its importance was made even more apparent by the findings of the coronial inquest into the preventable death in custody of Veronica Marie Nelson, a Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman.
Coroner McGregor called for mandatory cultural awareness training for Victorian lawyers, noting the importance of helping legal practitioners to uphold their legal rights to produce the most just outcomes for their clients.
Designed specifically for the legal profession, the framework provides a foundation for what the group describes as a "vital uplift in cultural capability".
Ms Waight added that with the support of tailored training and resources, the Framework marks a turning point for legal practice 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," she said.
Ash Morris, Director of First Nations Services at Victoria Legal Aid and a Gunditjmara man, said culturally safe and accessible legal services are essential for improving outcomes for First Nations people.
"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," he said.
"This understanding can make all the difference for First Nations clients, their families and communities."
Training for the framework is currently being developed and will be rolled out to all legal professionals. The next phase will involve creating specialised modules for different legal roles and practice areas, shaped by both lived experience and legal expertise.
Victoria Legal Aid chief executive Toby Hemming said his organisation is committed to improving the profession's approach.
"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," he said.
Law Institute of Victoria CEO Adam Awty described the initiative as "an important step" toward ensuring the legal profession can provide "culturally appropriate and responsive legal assistance to First Nations people in order to provide better outcomes".
