If you have been asked to consent (or agree) to a new opportunity on Country it is important to be aware of the project details, how it will impact your Community, and who holds the right to make decisions.
At the start of a project, you should always find out who has the power to make decisions. This helps you understand how much influence you can have, especially if Traditional Owners don’t have the ‘legal right’ to say no.
If you are not the project owner, you will want to know how the project might impact Community and Country. You will also want to know who has the ‘legal right’ to make decisions during the project.
The person or organisation asking about a project may have competing rights or interests, or specific legal requirements that need to be met. This could affect your role and decisions throughout the project.
Before getting involved or signing anything, make sure you are given clear and honest details about how decisions are made and who is in charge.
Best practice engagement and consent
Australia supports the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which calls for everyone to work with Indigenous peoples to gain their Free, Prior, and Informed Consent (FPIC) before making decisions that impact people or Country.
Australia supports UNDRIP, but FPIC isn’t a law we can enforce. It’s more about doing the right thing – working respectfully and building good relationships.
Project partners should openly share project details with you from the beginning – resources, risks, impact, and benefits.
What is Free, Prior, and Informed Consent?
There is no single definition of FPIC because it reflects the quality of engagement to aim for and should be flexible and shaped by the needs and values of the community.
- Free: engagement must be voluntary and free from pressure. It should:
- Respect cultural decision-making
- Be fair and inclusive
- Offer clear, unbiased information
- Allow everyone to participate, considering cultural norms
- Address barriers like cost, distance, and language
- Include fair compensation for time and travel
- Prior: consent must be sought before any action begins. This means:
- Communities get information early and at every stage
- Timelines are agreed together
- Time is given for reflection and independent advice
- Consent is ongoing and can be revisited
- Informed: people must have clear, complete, and accessible information. Engagement should:
- Show both benefits and risks
- Use formats and languages that suit the community
- Be open, two-way, and culturally appropriate
- Continue throughout the process, including after decisions are made
- Consent: is a shared decision made through community processes. It should:
- Be clearly defined and documented
- Be made by authorised representatives
- Be able to be withdrawn under agreed conditions
- Apply to both final decisions and key steps (e.g. going on Country, using cultural knowledge)