ACT government and Ngambri custodians settle after ACT Supreme Court recognition fight

The ACT government will review its Indigenous recognition polices and has apologised to Ngambri custodians for the "hurt and distress" caused by its long-term refusal to accept their claim to traditional ownership.

The government will undertake the "comprehensive review" as part of a settlement reached with Paul Girrawah House and Leah House who launched action in the Supreme Court, saying the government had violated their human rights.

The government will also update its Indigenous protocols in the coming weeks to reflect that other Indigenous families also have a connection to the territory and surrounding region.

Mr House told The Canberra Times he welcomed the government's announcement on the outcome of the case.

"The apology is accepted because it is a very important step in the long journey ahead of us all to repair the damage of colonisation," he said.

The Ngambri representative said expectations were of "equal recognition for all people" after the settlement.

"This is a really important turning point in the history of the ACT," he said.

"There is no going back."

He noted the ACT government must consult with Ngambri representatives at every step "otherwise they're in breach of the deed of settlement".

"The deed of settlement also provides for the parties to re-open the proceedings before the ACT Supreme Court if the terms of the deed are not implemented in full and in good faith," he said.

Mr House and other Ngambri custodians filed a claim in 2022 against the government's "one-tribe policy", formalised in 2002 as an Indigenous Protocol, which states Ngunnawal people are the only traditional custodians.

Chief Minister Andrew Barr, Indigenous Affairs Minister Rachel Stephen-Smith and Attorney-General Shane Rattenbury issued a statement on Thursday evening acknowledging ongoing difficulties caused by the government's Indigenous protocols.

The ministers also issued an apology.

"The territory apologises to the plaintiffs, their witnesses, and other members of the Ngambri (Kamberri) community for the hurt and distress which they have suffered," the statement said.

"The ACT government will seek community input to any change through a community-led consultation and engagement process."

The ACT government adopted the policy to recognise only Ngunnawal people as the traditional custodians in 2002 following community consultation and advice from the local Aboriginal and Torres Strait Islander Community.

The statement said the way the ACT's Indigenous protocols had been implemented in some government agencies had caused hurt.

The review will be funded through the government's healing and reconciliation fund, which was allocated $3 million in last year's territory budget.

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Ms Stephen-Smith said she expected the review would take some time to complete but that interim arrangements would be made to the Indigenous protocols to recognise other custodians.

"Over the next couple of weeks we'll be making changes to the Indigenous protocol as its presented on our website," she told ABC radio.

"We'll continue to acknowledge Ngunnawal traditional custodians of this land but also recognise that there are other people and families who also claim a traditional connection to this land as well.

"They'll be included in our acknowledgement but we continue to recognise Ngunnawal traditional custodians specifically."

The ACT Supreme Court case was moved to mediation last earlier this month after Ngambri custodians and government legal representatives reached a "deadlock".

While the review is underway, the government has said it will continue to acknowledge the Ngunnawal people as traditional custodians of the ACT.

"While also recognising any other people or families with connection to the ACT and region," a statement said.

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