Victoria’s First Nations body breaks new ground in support of prisoners’ ‘open air’ rights

For the first time since its creation, Gellung Warl has used its powers to challenge the Victorian government on a legislative bill that passed parliament last week.

Gellung Warl is Victoria’s official, permanent representative body for First Peoples.

It was established in May this year, under the state’s Treaty Act.

It is opposing a bill that will remove the right of people in prison to at least one hour in the open air each day.

The Labor government’s Corrections Amendment Bill 2026 gives authorities the opportunity to deny prisoners this crucial outdoor time “subject to operational considerations” or inclement weather.

The power to oppose legislative reform has been invoked for the first time because Gellung Mar believes restricting open-air access in prisons is contrary to Treaty obligations.

A litmus test for Treaty Gellung Warl is Australia’s first state-wide First Peoples representative body.

In 2018, the Victorian government committed to advancing a treaty process with Aboriginal Victorians, which encompassed Truth Telling and the establishment of the First Peoples’ Assembly of Victoria .

Read more: Victoria’s groundbreaking treaty could reshape Australia’s relationship with First Peoples Gellung Warl can provide advice to parliament and government on matters that affect First Nations peoples.

It can also make recommendations in relation to Closing the Gap commitments .

Now, for the first time since its creation, Gellung Warl has used its powers to challenge the Victorian government on a legislative bill that passed parliament last week.

The co-chairs of Gellung Warl, Meriki Onus and Djaran Murray-Jackson, wrote to key ministers claiming the bill was “inconsistent with the spirit and intent of Statewide Treaty”.

They identified : the law would have a disproportionate impact on First Peoples parts of the bill were inconsistent with the Treaty it “undermines the renewed relationship between First Peoples and the state”.

However, the bill passed and the government now has 60 days to respond to the concerns expressed by Gellung Warl.