Embedding free, prior and informed consent in Australia’s legal framework
Embedding free, prior and informed consent in Australia’s legal framework
Tiarna Williams

Embedding free, prior and informed consent in Australia’s legal framework

Tiarna Williams is one of six talented young Australians who will travel to the UN General Assembly in New York next week as part of the Global Voices project.

They take with them policy position papers on highly topical legal issues. Over the coming days, we will get a glimpse into the ideas and ambitions of these young leaders.

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I am a Dharawal-Awabakal woman from Wollongong, New South Wales, who is studying for a Bachelor of Laws and International Studies degree at the University of Wollongong. My journey to this point has been shaped by experience, community service and a commitment to justice .

Growing up, I experienced and witnessed the effects of structural inequality and discrimination faced by First Nations communities. Those experiences, rather than discouraging me, became the motivation behind my studies and my career ambitions. I want to ensure that the generations that come after me inherit a system that values their voices rather than silences them.

Alongside my studies, I have worked in diverse roles that reflect this commitment. For more than a decade, I have served as a mentor with the Evonne Goolagong Foundation, travelling to remote communities across Australia to use tennis as a vehicle to promote education and well-being for Indigenous youth. More recently, I have gained legal experience as a First Nations intern at Allens and as a legal intern at the National Justice Project, where I contributed to work in human rights law, criminal justice and Indigenous rights.

I have also taken on leadership and advisory roles, such as serving as the youth advisory councillor to the US Consul-General and as a member of the First Nations Advisory Group for Tennis NSW. Each of these roles has taught me the importance of bringing Indigenous perspectives into spaces where decisions are made, whether those spaces are sporting organisations, government offices, or international institutions.

Internationally, I have had the privilege of studying on exchange in both the United Kingdom and Singapore. These experiences broadened my worldview and deepened my desire to work at the global level, particularly within institutions like the United Nations.

My policy proposal

My policy paper has centred on one fundamental question: how can Australia ensure that Indigenous peoples are genuinely heard in decisions that affect their lands, communities and futures?

At the heart of my proposal is the concept of Free, Prior, and Informed Consent, a principle of international law outlined in the United Nations Declaration on the Rights of Indigenous Peoples. Put simply, FPIC means that Indigenous peoples should have the right to say “yes” or “no” to projects on their land, after being given all the information they need to make an informed decision, and before such projects begin.

Right now, Australia’s key law on Indigenous Native Title land, the Native Title Act 1993 (Cth) does not reflect this principle. Instead, it gives traditional owners a “right to negotiate". However, projects such as mining or large-scale development can still go ahead even if communities oppose them. This has had devastating consequences. One of the clearest examples is the destruction of the 46,000-year-old Juukan Gorge caves in 2020, when mining activity destroyed a sacred site despite strong opposition from the Puutu Kunti Kurrama and Pinikura people.

My proposal argues that Australia should reform the NTA to embed FPIC, replacing the current “right to negotiate” with a genuine requirement for consent. This change would bring Australia into line with its commitments under UNDRIP and ensure that development occurs with, not to, Indigenous communities.

My hope is that this work will not only inform lawmakers and policymakers, but also provide a practical path toward a fairer, more respectful relationship between Indigenous peoples and the state. I see it as one piece of a much larger puzzle: building a society where Indigenous sovereignty is acknowledged, where cultural heritage is protected and where development is genuinely sustainable because it includes all voices at the table.

Beyond the specific legal reform, I also hope that my work sparks broader conversations. For many Australians, terms like UNDRIP or FPIC may sound abstract or overly technical. But what they really mean is something deeply human: the right of Indigenous communities to have control over their own lives and to protect what matters most to them. If my writing and advocacy can help translate those ideas into everyday language, then I believe I am contributing to the kind of public understanding that makes long-term change possible.

What brought me to these issues and UNGA Sixth Committee

My participation in the Global Voices Fellowship, which includes my upcoming attendance at the Sir Ninian Stephens Law Delegation to the United Nations General Assembly Sixth Committee, feels like a natural next step in my journey.

The Sixth Committee is where member states come together to debate legal issues that shape the international order. These include treaty law, humanitarian law, counterterrorism and state responsibility. For me, the most compelling aspect of this is the opportunity to observe how norms surrounding Indigenous rights, human rights and sovereignty are debated and developed in practice.

I was drawn to this opportunity because of my interest in international law and human rights, as well as the legacy it honours. Sir Ninian dedicated his career to justice, whether as a high court judge, governor-general of Australia, or later as an international judge on war crimes tribunals. Being part of a delegation in his name, focused on law and justice at the global level, is both humbling and inspiring.

What brought me here is a blend of personal and professional drivers. Personally, I feel a deep sense of responsibility as a First Nations woman to use my voice and skills to advocate for change, both within Australia and internationally. Professionally, I aspire to work in human rights law and humanitarian aid, and this Fellowship presents a rare opportunity to experience that world firsthand, while also contributing meaningfully through my policy work.

Looking forward

My vision for my work is ambitious, but grounded. I hope that my policy paper contributes to the national conversation about Indigenous rights in Australia, particularly in light of the 2023 Voice Referendum and the continuing need for reconciliation. I also hope it can be a valuable resource for policymakers, advocates and communities seeking concrete pathways to reform.

On a broader level, I hope that my participation in the UNGA Sixth Committee will help me grow as a legal advocate and policy thinker, so that I can bring back valuable insights to my community. My ultimate goal is to help build bridges between Indigenous and non-Indigenous Australians, between domestic law and international norms and between communities on the ground and the institutions that shape their futures.

 

 

Global Voices is a youth-led Australian not-for-profit committed to developing the next generation of policy leaders by providing practical experience in policy-making, international relations and diplomacy. The fellowship involves pre-departure briefings in Canberra, travel to a high-level international summit and the publication of a Policy Paper that contributes a fresh perspective to Australian legislation.

The views expressed in this article may or may not reflect those of Pearls and Irritations.

Tiarna Williams