Recognition Settlement Agreement

Why has it taken this long to finalise the RSA renegotiation?
A combination of different things. GLaWAC’s period of special administration in 2015 meant that the renegotiations started late. The renegotiations were then delayed by factors such as the State election in 2022 (although not before the 2022 Early Outcomes Agreement was achieved). The negotiations are complex and involve many different parts of the state bureaucracy – which can slow things down.

Who was on the negotiating team, and how were they chosen?
The negotiating team has been in place since 2019 and was formed through an expression of interest. They are Aunty Glenys Watts, Aunty Lena Morris, Aunty Julie Mongta, Uncle Lloyd Hood, Troy McDonald, Grattan Mullett and Patrick Mullett.

Can members suggest changes to the offer?
The offer is based on the 2008 Statement of Aspirations and have been negotiated on your behalf by the Gunaikurnai negotiating team. The upcoming vote at the Full Group Meeting will be to accept or reject the offer as is, no further changes will be allowed

Why can’t we negotiate further now that we’ve seen the offer?
The hard work of the negotiation team has led to this point, and so the decision is about the offer on the table now. But the RSA is a living agreement and can be renegotiated again when the Gunaikurnai are ready.

What happens if we say no?
The State may withdraw the offer and the opportunities to achieve outcomes now will be further delayed. There is also a State election in November 2026 – and we don’t know what a future government might offer.

If we vote yes, can we still negotiate other things later (e.g. water, land)?
Yes, there are several different ways to negotiate change including through future RSA negotiations, Native Title, Treaty and GLaWAC’s own Pathways to Partnership policy.

What if I don’t understand the RSA language, is there a plain-English version?
The RSA is a complex legal document. It can be confusing even for experts. GLaWAC will be hosting numerous drop-in sessions and online sessions so that everyone can learn and ask questions.

Are there financial payments in the RSA? How much?
The RSA includes a funding agreement. You can learn more about what’s on offer by attending a drop-in session. Some of the proposed funding is locked to projects or purposes. Other funding can be placed into the Gunaikurnai trust established in 2010 or used to support GLaWAC’s strategic projects for the Gunaikurnai community.

Will the full offer be shared with members before the vote?
The RSA authorised offer is a sensitive legal document, but there will be plenty of information available and time to discuss before the final vote.

What’s the process for the RSA vote? Who can vote?
GLaWAC will coordinate a full group meeting to vote on the final authorised offer. There will be more information about this process when notification of the meeting is sent out.

Are we giving up any rights if we vote yes?
Part of the offer includes a Natural Resource Agreement. The Natural Resource Agreement provides a framework for how Gunaikurnai Traditional Owners can carry out agreed activities, including to take, use and manage natural resources, consistent with ‘sustainability principles’. The agreement will provide for how Gunaikurnai People can access public land within the RSA agreement area to hunt, fish, camp, and gather natural resources. This includes accessing and using vegetation or stone for commercial purposes, subject to some limitations.

Gunaikurnai People will not have to pay for or hold a licence or permit, but will be required to demonstrate that they are a member of the Gunaikurnai Traditional Owner group to access and carry out the agreed activities.

The Natural Resources Agreement will replace Part 3 of the 2010 Gunaikurnai Indigenous Land Use Agreement, which currently sets out the Gunaikurnai People’s rights to hunt, fish, camp and gather natural resources. The Natural Resources Agreement will expand upon these existing rights so long as the RSA and the agreement is in place. If these agreements are ever terminated, the Gunaikurnai People will always have their native title rights as determined by the Federal Court in 2010.  

The Natural Resources Agreement also includes a procurement strategy to support GLaWAC access contracting opportunities and achieve employment outcomes in natural resources management within the RSA Area.

The agreement does not affect the access of other users of public land, such as campers or recreational fishers and hunters.

The offer for a revised RSA settlement package also includes a Traditional Owner Land Natural Resource Agreement. This agreement extends the operation of the Natural Resource Agreement to freehold land that is owned by GLaWAC, or by a Gunaikurnai person (with their permission of course).

Can the State change the agreement later?
The RSA is a living document and can be renegotiated (roughly every five years). The State can seek to make changes, but they must negotiate with the Gunaikurnai community and GLaWAC first.

What protections are in place to make sure our rights are respected?
The RSA works alongside Native Title to protect Gunaikurnai rights and interests. It can’t be changed by the State without agreement from the Gunaikurnai community.

What’s the difference between Native Title and an RSA?
Native title is the recognition in Australian law that some Indigenous people continue to hold rights to their lands and waters that come from their traditional laws and customs.
An RSA is an agreement between the Victorian Government and Traditional Owners to recognise their relationship to land and provide for certain rights on Crown land and other benefits.
An RSA can be an alternative to Native Title, but some Traditional Owners, such as the Gunaikurnai, have both.