The clean energy transition must be a vehicle for First Nations justice, enduring cultural protection, and real economic participation — not a repeat of earlier patterns of dispossession. 

We support VicGrid’s intent to create a predictable, orderly approach to grid access. Despite these intentions, we feel the draft companion documents as released do not yet deliver the binding protections, resourcing or decision-making roles necessary for Traditional Owners to exercise meaningful consent over outcomes on Country.

In particular, the Grid Impact Assessment (GIA) and Access and Connections proposals must explicitly recognise Free, Prior and Informed Consent (FPIC) for transmission corridors and Renewable Energy Zone (REZ) siting that materially affect cultural values and Country, and the Community Engagement and Social Value Guidelines must be elevated from guidance to enforceable eligibility criteria for grid access. 

In our submission, we have identified key issues, recommendations and drawn on international examples that actualise FPIC, co-design, meaningful engagement and benefit sharing. We have also provided in the Appendix a range of international examples drawing on embedding FPIC, co-design and benefit sharing. 

The Network’s core recommendations are: 

1. First Nations decision-making and consent — require FPIC for actions that materially affect cultural heritage, Country and First Nations economic interests and embed Traditional Owner decision-making and rights into VicGrid processes; 
2. Binding benefit-sharing and economic participation — require legally enforceable benefit-sharing arrangements, procurement targets, and long-term revenue streams for Traditional Owners; 
3. Cultural heritage and Country protections — statutory spatial exclusion zones, rigorous cultural heritage assessment protocols, and prohibitions on activities where consent is refused; 
4. Capacity — guaranteed, up-front capacity and technical support for Traditional Owner groups to participate effectively; and 
5. Transparency, monitoring and enforcement — clear performance indicators, public reporting, and a fast, culturally appropriate dispute resolution mechanism. 

Absent explicit legal status for FPIC, binding benefit-sharing and adequate resourcing, the Victorian Access Regime risks repeating historic patterns of extractive development that exclude First Nations people. 

Read our submission 

Energy policy in Queensland and Victoria has been in our sights, with two new submissions responding to government inquiries posted this week.

The proposed reforms represent a valuable opportunity to address energy inequality in Victoria—but that opportunity will be missed unless the specific needs of First Nations peoples are embedded at every stage. 

To fully realise the benefits of proposed changes to the Energy Retail Code of Practice, reforms must be implemented in partnership with First Nations communities.

The Energy Retail Code of Practice sets out the rules retailers must follow and the ongoing protection of gas and electricity customers. 

The Essential Services Commission (ESC) is proposing new rules requiring retailers to: 

• Review and adjust legacy plan prices annually. 
• Switch customers on legacy plans to cheaper options—without needing explicit consent—but with opt-out rights. 
• Ensure any conditional fees or discounts are fair and cost-reflective, even on older contracts. 

The proposed changes present important opportunities to improve energy outcomes for First Nations customers—particularly those experiencing financial hardship, digital exclusion, or energy insecurity. This includes culturally safe training for retailers, data collection to monitor outcomes for First Nations customers, and co-designed outreach and support services. In addition, these reforms present a unique opportunity to address the unique barriers faced by First Nations consumers—including language, literacy, trust in institutions, and access. 

Read our submission

The gaps in the current reforms are detailed below: 

Superficial Engagement with First Nations Consumers 

• Despite acknowledging that First Nations communities are disproportionately affected by digital exclusion, payment method limitations, and systemic hardship, no targeted initiatives or engagement strategies have been proposed. 
• There is no mention of engaging with First Nations consumers in the design or implementation of the reforms. 
• No culturally appropriate consultation models are suggested in the regulatory process. 
• There is no requirement for retailers to collect and report on outcomes for First Nations consumers. This hinders evidence-based reform and masks structural inequality. 

Vulnerability Frameworks Lack Cultural Safety 

• The Payment Difficulty Framework and family violence responses are not culturally informed or trauma-informed for First Nations people. 
• Retailer training and obligations make no mention of cultural competency, local context, or intergenerational trauma. 

Concessions Access Remains Burdensome 

• When promoting the concessions, ensure programs arousing an inclusive definition of payment difficulty which take into consideration barriers related to cultural stigma, institutional distrust, and limited service access, which disproportionately affect First Nations people. 
• Some First Nations consumers may lack access to phones, data or internet, have fluctuating incomes, or face ID documentation barriers, yet the proposed concessions reform assumes self-disclosure and self-navigation of eligibility processes. 
• There is no mention of streamlining or automating concession access for high-risk groups such as First Nations people. 

This is an Opportunity for Equity-Centred Reform 

We urge the Commission to move beyond acknowledgment to active inclusion by working in partnership with First Nations communities. These reforms must reflect the reality that energy is not just an economic issue—but a justice, health, and human rights issue for our communities. We recommend the below steps be undertaken to further protect First Nations consumers: 

Establish a First Nations Consumer Advisory Panel 

• Embed First Nations representation in ESC consultation processes. 
• Partner with First Nations communities to co-design energy hardship programs, communication materials, and outreach campaigns. 

Cultural Competency and Place-Based Training 

• Mandate First Nations cultural competency training for all energy retailer customer service and hardship staff. 
• Create a set of minimum standards for trauma-informed and culturally safe practices. 

Culturally Tailored Assistance and Communication 

• Develop First Nations-specific hardship assistance program. 
• Require retailers to communicate using preferred engagement protocols and media (e.g., local radio, posters at health clinics). 

Concession Access Reform 

• Introduce a universal concession pre-qualification process for Centrelink-connected customers. 
• Pilot automatic concession matching in partnership with Services Australia and Aboriginal Housing Victoria, targeting First Nations tenants and reducing the barriers to concessions. 
• Promote early triggers for support that do not rely on self-identification or written/phone contact alone — such as multiple missed bills, known postcode indicators of disadvantage, or referrals from trusted Aboriginal Organisations ie. their local Aboriginal Community Controlled Organisation. 

Disaggregated Reporting and Accountability 

• Disaggregate hardship and disconnection data by First Nations communities, where possible, to measure reform impact. The ESC could publish annual First Nations energy access and hardship reports to measure improvements. . 
• Track uptake of Utility Relief Grants, disconnections, complaints, and payment plans by First Nations status. 

This review presents a vital opportunity to embed equity in the regulation of essential energy services. We urge the Commission to centre the voices and needs of First Nations people in this process. Doing so is not only consistent with the objectives of the Getting to fair strategy, but essential to a just energy transition for all Victorians. 

We're currently in the upside down and mob must band together to protect Country and revive this land we're on.

“We want energy security for First Nations backed up by government funding commitments – grants, loans, guarantees. We want capacity for our Traditional Owner entities, to keep up with the job demand so we can fill those jobs."

Due to its reliance on emissions-intensive brown coal, Victoria is currently seeking to engineer a transition from one of the dirtiest power systems in the world to 95% renewable energy by 2035. The Victorian government has set out an ambitious agenda consisting of projects such as establishing Renewable Energy Zones, the development of offshore wind, battery storage targets, and energy efficiency and electrification of households and businesses. The amount of coal-fired power has decreased significantly with the 2017 exit of Hazelwood station and the exit of Anglesea coal power station in 2015.  

Read the paper here

Thanks to Huzaifa Tariq for the beautiful photo!

The next roundtable in the development of the First Nations Clean Energy Strategy is being held in Geelong, Victoria on 27-28 November 2024.

The Department of Climate Change, Energy, the Environment and Water have published a notice of proposal to declare an area in the Southern Ocean region off Victoria and South Australia, historically referred to as the Portland area. Consultation is now open on the suitability of offshore renewable energy infrastructure in the Commonwealth waters extending offshore from Warrnambool, Victoria to Port MacDonnell, South Australia.