Free, Prior and Informed Consent (FPIC) Factsheet

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This factsheet explains what Free, Prior and Informed Consent (FPIC) means and its role in Australian and international law. The factsheet also provides some practical ideas for First Nations groups wanting to assert their right to FPIC in relation to issues and projects that impact their Country.

Key takeaways

FPIC is enshrined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Australia formally supports UNDRIP, but it is not legally binding, and there is as yet no standalone FPIC law in Australia. However, some consultation requirements under State/Territory and Federal laws incorporate elements of FPIC.

Key actions

1. Remind government and developers of your group’s right to FPIC.
2. Refer to UNDRIP in consultation meetings with government and developers.
3. Develop your own FPIC protocol that sets out what FPIC looks like for your group and provide it to the government department or developer who wants to consult with your community.

4. Ask for the information, time, and/or resources needed to effectively participate in and make decisions about issues that impact your Country and Cultural Heritage.

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