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

For the first time since its establishment, Victoria's official First Peoples representative body, Gellung Warl, has challenged the state government on a legislative bill that recently passed parliament. The Labor government's Corrections Amendment Bill 2026 would remove the right of prisoners to at least one hour of outdoor time daily, unless conditions or bad weather prevent it. Gellung Warl opposes this change, arguing it contradicts their Treaty obligations.

The co-chairs of Gellung Warl, Meriki Onus and Djaran Murray-Jackson, wrote to key ministers, stating the bill is "inconsistent with the spirit and intent of Statewide Treaty." They cited the disproportionate impact on First Peoples, the inconsistency with the Treaty, and the undermining of the renewed relationship between First Peoples and the state. The bill received approval, but the government now has 60 days to respond to Gellung Warl's concerns.

Open air access is a fundamental human right, stipulated by the United Nations Standard Minimum Rules for the Treatment of Prisoners. It is essential for the physical and mental health of prisoners, enhances emotional regulation, and improves prison safety. Currently, Victoria's open-air requirements are among the weakest in the country, with New South Wales and Queensland providing for a minimum of two hours per day.

First Nations people in Victorian prisons are increasingly affected by this policy. Their imprisonment rate has risen by 26% since 2025, accounting for 14% of the prison population despite being only 1% of the general Victorian population. This crisis exacerbates the Closing the Gap justice targets, worsening the situation for First Nations people. The situation is particularly concerning when matched with inhumane prison conditions.

The conflict between the Victorian government's commitment to Treaty and the Gellung Warl's opposition highlights the legitimacy concerns regarding the Treaty's implementation. The Coalition has indicated it will scrap the Treaty if elected in November, suggesting the Treaty may be a mere formality. This development poses a significant threat to the social, cultural, and emotional wellbeing of First Nations peoples in Victoria.