- Author:
- Victorian Aboriginal Heritage Council
- Date:
- 16 Apr 2021
Through the release of the Taking Control of our Heritage Discussion Paper in mid-2020, followed by comprehensive community consultation and rigorous review of submissions in late 2020, Council has developed these proposals informed by policy and community perspectives.
Council is making these recommendations to enshrine both self-determination and the United Nations Declaration on the Rights of Indigenous Peoples, in Victorian Aboriginal Cultural Heritage legislation.
Consideration of these proposals by the broad Victorian community is being sought
After an initial consultation on Council's Discussion Paper, community feedback was incorporated into these recommendations. Council is now undertaking a further period of consideration by the community to inform the final recommendations to be introduced.
The proposed suite of reforms is planned to be introduced in mid-2021. By this time, during the life of the current Parliament, it will be 5 years after the 2016 amendments to the Act and 15 years since the Act came into existence.
Council’s ambition for the proposals is that through incorporating a benchmarked, national set of Best Practice Standards into Victoria’s own legislation while fully realising the Declaration, Victoria’s Aboriginal Cultural Heritage legislative can set a benchmark at both national and international levels.
How to make a submission for a proposed change
Please send any submissions through to vahc@dpc.vic.gov.au by Friday 11 June 2021.
Introduction
A seismic change has happened in the way that Traditional Owners’ rights, responsibilities, knowledge and voice is considered and appreciated in the broader community.
Background
Taking Control of Our Heritage Aboriginal People caring for Aboriginal Heritage Recommendations for self-determined reform of the Aboriginal Heritage Act 2006.
Summary
Council’s legislative review is pursuant to its responsibilities under Sections 132(2)(cg) and 132(3) of the Act.
Theme One
Furthering Self-Determination for Registered Aboriginal Parties.
Proposal One
Registered Aboriginal Party nomination of Council Members.
Proposal Two
Expansion of the Legislative Functions of a Registered Aboriginal Party.
Proposal Three
Enabling Council to approve Registered Aboriginal Party applications with conditions.
Proposal Four
Registered Aboriginal Party preparation of Cultural Heritage Management Plans.
Proposal Five
Registered Aboriginal Party Veto Power in relation to Cultural Heritage Management Plans.
Theme Two
Increasing the autonomy of the Victorian Aboriginal Heritage Council.
Proposal Six
Transferring responsibility of the Register from Aboriginal Victoria to the Aboriginal Heritage Council.
Proposal Seven
Amending the procedures for dispute resolution under the Act.
Proposal Eight
Amending the prosecution powers.
Proposal Nine
Extension of Chairperson terms.
Proposal Ten
Empowering Council to employ its own staff.
Proposal Eleven
Transfer of various other secretarial functions to the Aboriginal Heritage Council.
Theme Three
Recognising, protecting and conserving Aboriginal Cultural Heritage.
Proposal Twelve
Regulation of Heritage Advisors
Proposal Thirteen
Compulsory consultation of Registered Aboriginal Parties during the Cultural Heritage Management Plan process.
Proposal Fourteen
Amending the Power of Entry for Authorised Officers and Aboriginal Heritage Officers.
Proposal Fifteen
Amending evidentiary provisions regarding Aboriginal Objects
Proposal Sixteen
Introducing civil damages provisions.
Proposal Seventeen
Changing the definition of waterways.
Proposal Eighteen
Changing the definition of Significant Ground Disturbance (SGD).
Proposal Nineteen
Registered Aboriginal Party consultation in the due diligence assessment/Preliminary Aboriginal Heritage Tests (AHT) process.
Updated