We facilitate sustainable native title and land justice outcomes
First Nations Legal & Research Services works with groups who wish to pursue land justice outcomes in Victoria through formal recognition. We do not make decisions formally recognising Traditional Owners for Country, their work is to assist Traditional Owners in seeking formal recognition.
(left) Alfie Hudson, Gunaikurnai native title determination, 2010
A Victorian Native Title Service Provider
First Nations Legal & Research Services is the Native Title Service Provider for Victoria. This is a role established by the Native Title Act to provide assistance in relation to native title matters. We are funded by the Commonwealth Government to perform these functions, including to:
assist Traditional Owners to make native title and compensation applications;
assist in negotiations, mediations and other processes concerning native title;
certify applications for native title determinations and for registration of agreements;
mediate and resolve disputes; and
notify Traditional Owners of future works proposed on Country.
Nation Building
We also receives funding from the State through the Traditional Owner Nation-building Support Package.
First Nations Legal & Research Services provides a range of services, including:
Working with groups in response to requests for assistance and in line with First Nations’ Guidelines for Assistance to Native Title Groups and Strategic Plan.
Starting a process by providing people with information about formal recognition processes and working with individuals and families to collect research information.
Assisting groups to make decisions about progressing formal recognition by providing legal advice and organising group meetings.
If instructed by a group, preparing the documents, like application forms and research reports, required in the native title, settlement and/or RAP processes.
our services are provided through three key areas
Community Liaison Officers lead our communication and engagement with Traditional Owners and organise meetings with individuals, family groups and all Traditional Owners for an area (which we call a “full group” or “community” meeting).
Lawyers provide advice on formal recognition options, assist groups to develop formal recognition applications and represent groups in court and negotiation processes. Our lawyers act on instructions from the full group (all those people who hold or may hold native title rights and interests in a particular area of Country in Victoria) or the authorised Applicant in a native title claim, rather than individuals.
Researchers consider both ethno-historical (examination of earliest records and material documenting Aboriginal society and connection to Country) and ethnographic (history, story and information from contemporary Aboriginal people who assert rights and interests to the research area) sources. Researchers may be required to obtain information from Traditional Owners regarding their traditional laws and customs, their rights and interests in Country, the extent of their Country and specific sites of significance and genealogical research regarding a Traditional Owner groups’ ancestors.
Our history
In the wake of the 2002 High Court decision in Yorta Yorta v Victoria there was a common view that native title as a doctrine would have little application in Southern Australia. Since its creation in 2003, First Nations Legal & Research Services (previously Native Title Services Victoria) has proved this view wrong. Victoria now has four successful determinations of native title covering much of the crown land of the State and a settlement under the Traditional Owner Settlement Act 2010 (Vic).