First Nations Engagement
1. Key Points
- Treat First Nations engagement as part of the core work of running a festival: know where you are, know who should be involved, start early, resource the work properly, listen carefully, document agreements, and carry the relationship beyond the event itself.
- Every festival takes place on Aboriginal land. First Nations engagement is part of the cultural, ethical, legal and operational context of running a festival in NSW, not an optional add-on or symbolic opening moment.
- Start early, before decisions are locked. Engagement should begin before site plans, programming, marketing, sponsor activations, public announcements or cultural materials are finalised.
- Know whose Country you are on. Organisers should identify the relevant Country, Local Aboriginal Land Council, Traditional Custodians, Native Title holders, Aboriginal Owners and other appropriate First Nations people or organisations connected to the event location.
- Engage the right people for the right decision. A Welcome to Country, use of language, a site heritage issue, an artist booking, a cultural artwork commission or an ICIP permission may each require a different form of authority, consent or advice.
- Budget properly for cultural work. Cultural advice, Welcome to Country, Smoking Ceremony, First Nations programming, ICIP review, community engagement, cultural safety roles and logistical support should be paid and planned from the beginning.
- Consent must be specific and documented. Free, Prior and Informed Consent should be obtained before cultural material is used, recorded, published, promoted or commercialised. Verbal conversations should not be treated as blanket permission.
- ICIP is not ordinary event content. Indigenous Cultural and Intellectual Property may include language, stories, imagery, music, performance, designs, ceremony, knowledge and recordings. It should only be used within the agreed scope, with proper attribution, permission and review.
- Cultural safety is an event-wide responsibility. Staff, contractors, security, volunteers, media teams and suppliers should understand the event’s cultural protocols, restrictions, escalation pathways and on-site cultural contact.
- Aboriginal cultural heritage must be considered before site works. AHIMS searches, heritage advice, LALC engagement and any required site controls should happen before infrastructure, ground disturbance or access plans are finalised.
- The relationship continues after the event. Organisers should follow up with payments, documentation, debriefs, unresolved issues, reporting, content approvals and future relationship planning.
2. Introduction & Scope
2.1 Does This Chapter Apply to You?
This chapter applies to all music festival and event organisers operating in NSW.
Every festival in NSW takes place on Aboriginal land. First Nations engagement is not an optional addition to a festival program, a symbolic opening moment, or something to consider only when First Nations artists are booked. It is part of the cultural, ethical, legal and operational context of running an event in this country.
This chapter directly applies if your event involves any of the following:
- programming, artwork, music, language, ceremony or design drawing on First Nations cultures;
- a Welcome to Country, Acknowledgement of Country, Smoking Ceremony or other cultural protocol;
- First Nations performers, artists, Elders, knowledge holders or community representatives;
- Indigenous Cultural and Intellectual Property, including stories, language, imagery or recorded material;
- a site with known or potential Aboriginal cultural heritage significance;
- marketing, media or social content representing First Nations people, culture or Country;
- partnerships, funding or public statements connected to First Nations communities or outcomes.
It also applies with no dedicated First Nations program: you are still responsible for understanding the cultural context of your event's location and how it may affect Aboriginal people, Country, heritage, workers, artists and local communities.
If unsure whether engagement is required, assume it is and seek advice before proceeding.
2.2 Scope & Coverage
This chapter covers the obligations, responsibilities and best-practice approaches for meaningful First Nations engagement across the full festival lifecycle. It should be read as part of the overall planning framework, not as a standalone cultural add-on.
This chapter covers:
- early engagement with the appropriate First Nations people, organisations and community representatives connected to the event location;
- relationships with Traditional Custodians, Land Councils, Native Title holders, Aboriginal Owners, Elders and First Nations-led organisations;
- cultural protocols, including Welcome to Country, Acknowledgement of Country and Smoking Ceremony;
- use of Indigenous Cultural and Intellectual Property, including stories, language, imagery, performance and design;
- representation in marketing, media and public communications;
- cultural safety for First Nations artists, workers, contractors and audiences;
- site assessment and Aboriginal cultural heritage;
- budgeting, consent, attribution, record keeping and post-event review.
Note: This chapter does not replace formal legal advice, cultural authority, community consent or specialist heritage advice. Seek qualified legal, heritage and cultural advice where questions arise about land access, heritage, Native Title, ICIP, contracts or site disturbance.
2.3 Out of Scope / See Other Chapters
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| Topic | See Instead |
|---|---|
| Anti-discrimination obligations, including the Racial Discrimination Act 1975 (Cth) | Equality, Diversity & Inclusion |
| Music licensing and copyright compliance for First Nations music | Music Licensing & Copyright Compliance |
For chapters that work alongside this one, see Section 2.4 Integration with Other Chapters.
2.4 Integration with Other Chapters
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| Chapter | Integration Point | Coordination Required |
|---|---|---|
| Work Health & Safety | WHS duty of care includes cultural safety | Ensure cultural safety obligations are reflected in the WHS plan |
| Music Licensing & Copyright | First Nations music royalties and licensing obligations | Coordinate ICIP agreements with music licensing obligations |
| Worker & Volunteer Welfare | Cultural safety for First Nations workers and volunteers on-site | Ensure cultural safety considerations are embedded in worker welfare planning |
| Venue & Site Design | Heritage site identification and exclusion zones in site design | Site design must reflect AHIMS findings and any AHIP conditions |
| Police Engagement | Cultural incident response and on-site security obligations | Security team must be briefed on cultural obligations before operations commence |
3. Risk Assessment
3.1 Risk Identification
Festival organisers must identify, assess and manage First Nations engagement risks as part of the overall event risk register — cultural engagement, safety, heritage, site design, communications, programming, WHS, security and audience management are all connected.
Risk identification should begin early and be reviewed at each major lifecycle stage. The best way to manage this risk is to begin early, resource the work properly and build relationships before decisions become hard to change.
3.2 Cost Planning
First Nations engagement must be budgeted from the outset instead of treated as a discretionary add-on, a late-stage contingency, or something to be absorbed by First Nations artists, Elders, staff, community members or cultural advisors. Cost planning should scale with the event's size and risk profile, but the work should always be properly planned, paid and supported.
Cost categories to budget for
Festival organisers should consider the following cost categories when preparing event budgets:
- Cultural consultant or advisor fees: advice on engagement, local relationships, permissions, ICIP, site considerations, cultural safety and public representation.
- First Nations liaison or cultural safety role: a paid role for events with significant First Nations programming, engagement, content or on-site cultural risk.
- Welcome to Country fees: payment for the recognised local Elder, Traditional Custodian or authorised representative
- Smoking Ceremony and cultural protocol support costs: practitioner fees, travel, parking, accommodation, materials, site access, production liaison, fire safety and on-site support.
- ICIP agreement and legal costs: legal advice, contract drafting, licensing, attribution, approvals and future-use permissions.
- Community engagement costs: meetings, travel, paid consultation time, venue hire, catering, access support, transport, documentation and follow-up.
- Cultural competency and cultural safety training: event-specific briefing for staff, contractors, security, volunteers, artist liaison, media teams and decision-makers.
- First Nations programming fees: performer and artist fees, cultural leave, mentorship arrangements and agreed access or support costs.
- AHIMS search and heritage fees: searches, cultural heritage advice, specialist assessment, site redesign or approvals where required.
- Access and hospitality for Elders, knowledge holders and community representatives: transport, parking, accommodation, meals, accessibility support, reserved seating, quiet spaces, green room access and safe arrival/departure planning.
- Documentation, reporting and post-event debrief costs: time and resources to record what was agreed, what occurred, what issues arose, what was learned and how the relationship carries forward.
Where not to cut costs
First Nations engagement is often weakened when organisers preserve the visible parts of the program while cutting the process that makes those moments culturally safe and meaningful.
- Welcome to Country and cultural ceremony fees. These services carry cultural authority, time, responsibility and expertise.
- Cultural consultant or advisor engagement. Removing cultural advisory support may increase risk across heritage, ICIP, community relationships, public representation and on-site cultural safety.
- Consent, agreements and legal review. Informal approval is not enough where cultural material, commissioned work, recordings, language, imagery or future use are involved.
- First Nations artist and contributor fees. First Nations artists and workers should not be paid less because their involvement is framed as “community”, “opportunity”, “exposure” or “cultural contribution”.
- Cultural safety and staff briefing. If staff, security, contractors and volunteers are not briefed, cultural risk moves from planning into live operations.
- Logistical support for Elders and cultural knowledge holders. Travel, parking, timing, green room access, accessibility, clear briefing and on-site support are not extras; they are part of respectful engagement.
Where budgets are limited, organisers should reduce scope rather than underpay people or remove the process required to deliver First Nations engagement safely and respectfully. One properly supported engagement is better than multiple under-resourced gestures.
4. Operational Planning Framework
4.1 Engagement and Consent Planning
Engagement and consent planning should begin before key festival decisions are finalised. The purpose of engagement is to understand the Country, community context, cultural authority, risks and responsibilities connected to the event. Engagement should be a staged process, not a single email or phone call.
4.2 Cultural Protocols — On-Stage and On-Site
Cultural protocols should be planned, confirmed, paid for and delivered with the same care as any other core event requirement.
Welcome to Country, Acknowledgement of Country and Smoking Ceremony are specific cultural practices connected to Country, community and authority — not generic opening gestures, and not interchangeable with each other. Their purpose, format and appropriateness may differ depending on the event location, community guidance, cultural setting, site, audience and type of festival.
Seek guidance early rather than assuming which protocols apply, who should deliver them, or how they should be presented.
4.3 ICIP — Use of Cultural Materials
Indigenous Cultural and Intellectual Property (ICIP) covers the cultural knowledge, expression, heritage, stories, language, designs, symbols, performances, songs, images, practices and knowledge systems of Aboriginal and Torres Strait Islander peoples.
Cultural material may carry obligations to Country, family, community, Elders, ancestors and future generations, with restrictions on who can share it, where it can be shown, and whether it can be adapted or commercialised.
4.4 Site Assessment and Heritage
Festival organisers must consider Aboriginal cultural heritage before site plans, infrastructure layouts and land-use decisions are finalised.
Aboriginal objects and Aboriginal places are protected under the National Parks and Wildlife Act 1974 (NSW), regardless of whether the organiser knows the object or place is present.
Conduct an AHIMS search before site works
Organisers should conduct an Aboriginal Heritage Information Management System (AHIMS) search through Environment and Heritage NSW before any site works or infrastructure planning.
An AHIMS search should be completed before decisions are finalised about:
- staging, fencing, scaffold or temporary structures
- tent pegs, ground anchors, trenching or excavation
- vehicle access routes, heavy machinery or temporary roadways
- camping, toilets, waste, water or back-of-house infrastructure
- patron access routes or restricted zones
- sponsor activations, markets, installations or public art
- any activity that may disturb the ground or wayfinding
Checking AHIMS is a key step in the NSW due diligence process, but it's only one part of determining whether an Aboriginal object may be harmed and whether further investigation or an Aboriginal Heritage Impact Permit is required.
Understand AHIMS Limits
AHIMS search identifies only information recorded in the system. An absence of records does not confirm an absence of heritage significance. Some culturally significant places remain unregistered or known only within community knowledge.
Supplement AHIMS findings with advice from the relevant LALC, Traditional Custodians, Native Title holders or heritage specialists, particularly for undeveloped land, regional or coastal sites, bushland or showgrounds.
When an Aboriginal Heritage Impact Permit may be required
An AHIP may be required where proposed works could harm Aboriginal objects or places; it must be applied for and granted before the work takes place, and should never be treated as a routine step or shortcut around community concern. Risk may be triggered by:
- ground disturbance where objects are known or likely present
- infrastructure that may harm objects or places
- trenching, digging, grading or excavation
- vehicle movement or compaction over sensitive areas
- patron access through areas of potential significance
- works near waterways, scar trees, middens or artefact scatters
Best Practice: Design the event to avoid harm
The preferred approach is always to avoid harm, considered before seeking approval to cause it. If a heritage issue is identified, consider whether site layouts can be redesigned; if harm can't be avoided, seek specialist heritage and legal advice. Record heritage controls in the site risk assessment and brief relevant contractors.
Unexpected finds and stop-work procedures
Festivals should have a clear procedure for what happens if a potential Aboriginal object, cultural material, burial site or human remains are identified during bump-in, operations or bump-out:
- stop work immediately within the exclusion zone
- secure the area from further disturbance
- notify the site manager and the relevant LALC or heritage specialist
- seek advice from Environment and Heritage NSW where required
- do not move, collect, photograph or interfere with the item
- document the incident and update the risk register before work resumes
For human remains or suspected human remains, treat the matter as highly sensitive and follow emergency, police, heritage and cultural protocols as advised by the relevant authorities.
4.5 Public Representation & Language
Festival organisers should plan how First Nations engagement is represented publicly, how cultural content is documented and shared, and how to respond respectfully when a community does not wish to participate.
This is often where good intentions fail in practice: a festival may book First Nations artists, pay for a Welcome to Country and complete site checks, but still cause harm through poor public language, unauthorised content use, or overstating community support.
Communications and public representation
Festival organisers should plan how First Nations people, cultures, Country, artists, communities and cultural materials will be represented in public communications including media collateral, event signage, maps and wayfinding, MC scripts and stage announcements, plus internal documents such as post-event reports and grant and acquittal language.
Representation should be accurate, specific and agreed with the relevant people — avoid generic language, inflated claims, or statements that make the engagement sound deeper than it is.
For example, do not describe a program as “community-led” unless community representatives had genuine decision-making power. Do not describe a project as “co-designed” unless First Nations people were involved in shaping the concept, process and outcomes. Do not imply endorsement by a Nation, LALC, Elder, artist or organisation unless that endorsement has been clearly given.
Organisers should also be careful not to represent First Nations culture as only historical, symbolic or ceremonial. First Nations people and communities are contemporary, diverse and politically present.
There is no single “Aboriginal culture”; each First Nations group has its own traditions, languages and cultural practices, and First Nations identity is not defined by appearance or stereotype.
5. Legal and Regulatory Context
5.1 Mandatory Requirements 🔴
The following are legislative or regulatory requirements. Non-compliance may carry legal, financial, safety, reputational and cultural risk for festival organisers.
Mandatory requirements should be treated as baseline obligations only. Meeting these requirements does not, on its own, mean an event has achieved meaningful First Nations engagement. It means the organiser has met key minimum duties that must sit underneath a broader, properly resourced engagement process.
🔴 Heritage Protection Declarations: Comply with Commonwealth protection declarations issued under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth). A declaration may prevent, limit or place conditions on activity threatening a significant Aboriginal or Torres Strait Islander area or object, and must be treated as binding, not a matter for negotiation during production.
🔴 AHIMS Search Before Site Works: Complete an AHIMS search before executing ground-disturbing works. If a search or assessment identifies potential Aboriginal cultural heritage issues, organisers must seek specialist advice before proceeding. Where harm to Aboriginal objects or places cannot be avoided, additional approvals may be required.
See: 4.4 Site Assessment and Heritage and Heritage NSW — AHIMS.For broader site and heritage planning, see Venue & Site Design and the relevant Environment and Heritage NSW guidance.
🔴 WHS Duty & Cultural Safety Obligations: Under the Work Health and Safety Act 2011 (NSW), event organisers must manage psychosocial hazards, including cultural safety risks, racism and harassment, for First Nations workers, artists and patrons. This should be built into the same planning systems used to manage other event safety risks, not treated as an informal "people and culture" issue.
Practical note
A reminder to treat cultural safety, heritage and protection obligations as early planning requirements. Checks left until late in the process can force site redesigns, delayed infrastructure, amended permits, renegotiated contracts, or cancelled event elements.
First Nations engagement should be built into the festival lifecycle from the beginning.
5.2 Regulatory Best Practice 🟡
The following represent standards that government agencies, funders, insurers and the broader events sector expect responsible organisers to meet.
They demonstrate that an organiser has taken reasonable steps to understand the cultural, legal and operational context of their event, and help reduce cultural harm, community conflict, reputational damage and legal exposure.
🟡 Engage LALCs, Traditional Custodians and Native Title holders early, rather than waiting until decisions are locked.
🟡 Prioritise the right people and recognised cultural authority, not the most convenient or first-to-respond contact (see Collaborate NSW — Cultural Concepts).
See: Collaborate NSW — Cultural Concepts
🟡 Document all agreements in writing; verbal conversations build trust but don't manage cultural, legal or financial risk.
🟡 Remunerate cultural advice as professional expertise, including community liaison, consultancy and cultural safety work.
🟡 Apply Free, Prior and Informed Consent (FPIC) to all cultural material and knowledge.
For the full FPIC framework and application guidance, See Section 4.1— Engagement and Consent Planning: Apply Free, Prior and Informed Consent.
🟡 Build review points into the process before public release or live delivery, not just at initial approval.
5.3 Industry Guidance 🟢
The following distinguish leading festival operators, going beyond minimum compliance to build stronger relationships, reduce cultural harm, and support First Nations creative economies.
Industry leadership and best practice is measured by the quality of relationships and fairness of resourcing, not the number of First Nations references in a program.
🟢 Reconciliation Action Plan (RAP): Formalise your organisation's commitment to First Nations engagement through a RAP framework. Move from one-off decisions to a structured approach across governance, procurement, employment and programming — it supports better practice, but is not a replacement for local engagement
See: Reconciliation Australia — RAP Framework
🟢 Creative Australia First Nations ICIP Protocols: Key reference point for working with ICIP in arts and events contexts. The key principle: cultural material is not just content. It may carry cultural, spiritual, historical, community and family responsibilities that continue beyond the event itself.
See: Creative Australia — First Nations ICIP Protocols
🟢 Arts Law Centre ICIP information and agreement templates: Use Arts Law Centre resources, including Artists in the Black, to support appropriate agreements when engaging First Nations artists, creatives, cultural knowledge holders and communities.
See: Arts Law Centre — ICIP information sheet
🟢 ISO 20121:2024 — Event Sustainability Management: For First Nations engagement, the most relevant principle is that sustainability is not only environmental. A sustainable event also considers its relationship to place, host communities, cultural heritage, local economies, workers, audiences and long-term social impact.
A festival that claims sustainability while ignoring Aboriginal land, heritage, cultural authority or local First Nations communities is working with an incomplete definition of sustainability.
See: ISO 20121:2024
5.4 Key Legislation Table
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| Legislation | Provisions | Link |
|---|---|---|
| Aboriginal Land Rights Act 1983 (NSW) | Establishes the NSW Aboriginal Land Council and Local Aboriginal Land Councils, and sets the legislative framework for Aboriginal land rights in NSW. Relevant to festival organisers when events involve Aboriginal land, land access, cultural engagement, heritage, or dealings with the relevant Local Aboriginal Land Council. LALCs are often the first point of contact for local Aboriginal community structures, land, culture and heritage responsibilities. | Read Legislation |
| Native Title Act 1993 (Cth) | Provides the framework for recognising and protecting Native Title rights and interests. Organisers should consider Native Title where event activity, land use, access, infrastructure, licensing or site works may affect registered Native Title holders or claimants. Where rights or interests may be affected, seek legal advice and engage the relevant Native Title body early. | Read Legislation |
| Work Health and Safety Act 2011 (NSW) | Establishes duties to manage health and safety risks for workers and others affected by the event. In a First Nations context, this includes cultural safety in WHS planning: psychosocial hazards, staff and contractor briefing, culturally safe incident response, and clear escalation pathways for cultural concerns on site. | Read Legislation |
| National Parks and Wildlife Act 1974 (NSW) | Protects Aboriginal objects and places in NSW. Directly relevant for site works, temporary infrastructure, fencing, staging, ground penetration, vehicle movements, patron access planning, or any activity risking harm to Aboriginal objects or places. Environment and Heritage NSW advises an AHIP may be required where harm cannot be avoided. | Read Legislation |
| Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) | Protects significant Aboriginal and Torres Strait Islander areas and objects. The Commonwealth Minister can declare protections against threat of injury or desecration. Organisers must comply with any relevant declaration and treat cultural heritage concerns as planning risks, not late-stage operational issues. | Read Legislation |
Note: First Nations engagement is shaped by a combination of legal obligations, regulatory expectations and cultural responsibilities. This table provides a high-level overview only, it is not exhaustive and does not replace legal advice. Organisers should seek legal, heritage and cultural advice where specific obligations apply.
6. Roles and Responsibilities
6.1 Role Clarity Matrix (RACI)
Clear role definition is essential for meaningful First Nations engagement. Please note, actual roles may vary with event scale, local community structures and engagement model.
| Activity | Event Organiser | Cultural Consultant | First Nations Liaison / Cultural Safety Officer | All Staff & Contractors |
|---|---|---|---|---|
| LALC, Traditional Custodian and Native Title holder outreach | A | C | R/C | I |
| FPIC consent documentation | A | C | R | I |
| Welcome to Country / Smoking Ceremony coordination | A/R | C | R | I |
| ICIP agreement negotiation | A/R | C | R | I |
| Cultural competency / cultural safety briefing of staff | A | C | R | I |
| On-site cultural incident response | A | C | R | R |
| Post-event cultural debrief | A | C | R | I/C |
RACI Key: R = Responsible (does the work) · A = Accountable (owns the outcome) · C = Consulted (input required) · I = Informed (notified of outcome)
Conflict resolution and decision-making
Unclear accountability should be escalated to the Event Organiser. Final responsibility rests with them, informed by the Cultural Consultant, liaison and community representatives — cultural advice should not be overridden for convenience, timing or commercial preference without documenting the risk.
Disputed decisions should be documented in writing: the issue raised, who was consulted, what advice was given, what was decided, who approved it, what risks were identified, and whether follow-up is required.
Practical note
Role clarity should prevent two failures — cultural responsibility being pushed onto First Nations people without power, pay or support, and organisers assuming that once a First Nations person is involved, the festival's broader responsibilities have been met.
The strongest approach is shared work with clear accountability: First Nations expertise informs the process, but the organiser remains responsible for resourcing, acting on advice and carrying the relationship beyond the event.
6.2 Supplier / Contractor Selection Criteria
First Nations engagement extends beyond artist programming into procurement and contractor selection — engaging First Nations-owned suppliers, hiring First Nations crew and creatives, creating paid entry-level roles, and building mentorship opportunities.
One of the best things allies can do is hire First Nations people regularly, not only for projects about First Nations themes.
Contractor Selection criteria
Organisers should ask whether suppliers and contractors have the cultural capability, respect, systems and working practices required for the event context.
Selection criteria should be applied where a supplier or contractor will:
- demonstrated experience working respectfully with First Nations artists, communities or cultural material — or a willingness to be briefed and follow protocols where they do not
- First Nations ownership, leadership or employment, particularly in creative production, design, catering, security and artist services
- cultural safety systems for preventing and responding to racism, harassment and unsafe behaviour
- willingness to attend cultural safety briefings and ensure subcontractors and casual staff understand obligations
- ability to follow written instructions, keep records and escalate concerns through the agreed pathway
- willingness to follow event-specific restrictions on photography, filming, livestreaming and cultural material
- understanding that First Nations cultural material cannot be reproduced, adapted or commercialised outside the agreed scope
Suggested procurement questions:
- Have you worked with First Nations artists, communities, Elders, cultural knowledge holders or organisations before?
- Do you have First Nations staff, contractors, advisors or partners involved in this work?
- Are you a First Nations-owned or First Nations-led business?
- How do you brief your staff on cultural safety and respectful conduct?
- How do you manage racism, harassment or cultural safety incidents?
- How do you manage permissions, consent, image use, recordings and cultural material?
- Are you willing to follow event-specific restrictions on photography, filming, livestreaming, social media and cultural content?
- Can you attend a cultural safety briefing before the event?
- How will you ensure subcontractors or casual staff also understand these requirements?
7. Engagement & Timeline
7.1 Minimum Lead Times
These are minimum benchmarks and should be extended for events that are large, regional, multi-day, site-sensitive, culturally significant, or involve substantial First Nations programming, ceremony, heritage considerations, livestreaming or media activity.
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| Activity | Minimum Lead Time | Rationale |
|---|---|---|
| LALC, Traditional Custodian and Native Title holder initial outreach | Allow at least 4–6 weeks for an initial formal proposal response. Where Native Title processes or complex community consultation are involved, allow 2–3 months or more. | Organisations often need to circulate proposals, consult internally and confirm authority. Initial outreach is not the same as consent |
| Cultural consultant engagement | Engage during the early planning phase, ideally 8–12 weeks before the event at minimum. For larger or higher-risk festivals, engage earlier. | A cultural consultant is most useful when they can shape the process before decisions are locked; late engagement limits the role to risk management. |
| FPIC process and consent documentation | Begin as soon as cultural material or programming is being considered; allow at least 4–8 weeks before use or promotion | The right people need time to understand the proposal, ask questions, set conditions or decline. Rushed consent is weak consent. |
| Welcome to Country and Smoking Ceremony confirmation | Confirm at least 4–6 weeks before the event. For major events, regional events, high-demand periods, or ceremonies requiring more production coordination, allow longer. | Elders and Cultural practitioners have existing commitments; Smoking Ceremony also needs fire safety and production coordination. |
| ICIP agreements finalised | Finalise before programming, commissioning, recording, marketing or public materials are produced. Allow at least 4–8 weeks where legal review, artist review or community approval is required. | Agreements must be in place before cultural content is used in any context.. A performance booking or artist contract does not automatically cover broader ICIP use. |
| Staff cultural competency / cultural safety training | Complete before bump-in; schedule 2–4 weeks out for larger events, with refreshers during event week. | Staff need time to understand the Country, protocols, on-site contacts, incident pathways and recording restrictions. Security, stage managers, media teams and artist liaison staff should receive targeted briefing. |
| AHIMS search | Complete before any on-ground works, infrastructure planning or site layout is finalised. If a broader Aboriginal Heritage Information Licence Agreement or further heritage assessment is required, allow 4–8 weeks or more. | AHIMS should inform site design, not be added after infrastructure decisions are made. |
| Marketing and public representation review | Build in review before any campaign, announcement, signage, social media, sponsor material, program copy or media release is published. Allow at least 1–2 weeks for simple review and longer where community approval or ICIP review is required. | Public language creates cultural, reputational and legal risk if it overstates engagement, uses incorrect Nation names or misrepresents support. Review time should be part of the production schedule. |
7.2 What Gets Compromised with Late Start
A late start forces community representatives to react to locked decisions rather than shape them, placing pressure on First Nations artists, Elders and organisations to resolve problems created by poor planning. This is not appropriate and should not be normalised.
Practical note
A useful test is:
If there is no time for community to say no, request changes, or shape the outcome, there is no time for meaningful engagement.
Cultural safety:
Key roles are omitted or issues are pushed onto First Nations staff informally; security and volunteers operate without briefings or escalation pathways, leaving artists, Elders, and community members unsupported. Cultural safety cannot be improvised during a crisis.
Consent and ICIP Compliance:
Seeking consent after marketing or ticket sales are finalised removes the genuine right to say no, creating legal exposure; agreements fail to properly address ICIP boundaries and attribution. Late planning leads to unapproved use of imagery, language or design, as well as missing permissions for sponsor activations, livestreaming, recording, and multi-year asset reuse.
Heritage and site planning:
Infrastructure is finalised before AHIMS checks occur: risking damage to Aboriginal objects; late risks force emergency redesigns, exclusion zones and permit delays, leading to potential major extra costs.
Cultural protocols may not be possible
Welcome to Country, Smoking Ceremony and other cultural protocols require time, respect and coordination.
Last-minute requests may not be possible to fulfil. Elders, Traditional Custodians and cultural practitioners have existing commitments, community responsibilities and their own processes for considering requests.
A cultural protocol should never be squeezed into the program because someone realised the event “needs something First Nations” close to opening day.
Relationships are weakened
Late engagement tells the First Nations community the festival's timeline matters more than the relationship, weakening trust and making future engagement harder. It can also put First Nations organisations in a difficult position — declining looks obstructive, while agreeing means carrying risk for a process they did not shape. Relationship-led engagement needs time for conversation, listening and follow-up.
Costs increase
Late engagement typically increases cost through urgent fees, rushed agreements, changed site layouts, redesigned materials, reprinting, contractor and staffing variations and reputational repair.
Budgeting for engagement early is more efficient, safer and more respectful than trying to fix cultural issues once the festival is already in motion.
8. Monitoring and Evaluation
8.1 Post-Event Evaluation
After each event, review First Nations engagement against planning commitments, with feedback from First Nations artists, Elders, knowledge holders, consultants and liaison staff, not just internal reporting.
The purpose is not to prove the event "did well" — it's to understand what was promised, what was delivered, what caused harm, and what should change. Where community representatives provide feedback, treat this as professional time and remunerate where appropriate.
The process must occur within a reasonable period after the event, and may include internal review across teams, a separate debrief with the cultural consultant or liaison, a paid debrief with First Nations artists or community representatives, and review of incident reports, consent records and ICIP agreements.
8.2 KPIs & Success Measures
First Nations engagement should not be reduced to simple metrics — counting artists booked or protocols delivered shows activity, not quality or integrity. Assess success through qualitative reflection and feedback from First Nations participants, across:
- Two-way engagement: did First Nations people have genuine influence over decisions, not just approval of a finished plan?
- Commitments honoured: were agreed fees, royalties, access and support delivered in full and on time? Commitments should be assessed against what was promised, not only what was convenient to deliver.
- Cultural safety: were First Nations artists, workers and audiences supported before, during and after the event? Were cultural concerns, racism, harassment or protocol breaches responded to appropriately?
- Consent and ICIP respected: was cultural material used only within agreed scope, with attribution and approval for any recording or reuse?
- Public representation: were Nation names, acknowledgements and public statements accurate and agreed, without overstating partnership or endorsement?
- Relationship and legacy: Did the event strengthen relationships with First Nations people, artists, suppliers, organisations or community representatives? Did it create value beyond the visible program, such as paid opportunities, future pathways, community access, procurement, mentorship or a clearer basis for future engagement?
Where the answer to any of these areas is unclear, organisers should treat that as an area for improvement rather than a neutral result.
Practical note
Did First Nations people have influence, safety, respect, proper payment, and a reason to keep working with the festival?
If the answer is unclear, the organiser should treat that as an area for improvement rather than a neutral result.
8.3 Reporting Requirements
Good record keeping is evidence that appropriate steps were taken, supports continuity between event years, and means future staff are not restarting relationships from scratch. Store records as part of the event file, respecting confidentiality and cultural restrictions.
Retain:
- Cultural permissions and consent documentation: For the duration of the agreement plus a reasonable period after, especially where material may be reused, archived, licensed or referenced in future campaigns.
- Records of community engagement: A meeting, email or conversation is not an endorsement unless explicitly given.
- Cultural incidents, complaints and concerns: These feed into post-event review and continuous improvement process - not just treated as reputational issues or communications problems.
- AHIMS and AHIP documentation and site heritage records: Available to site managers, production managers, operations leads and relevant contractors. Handle carefully as some heritage information is sensitive.
- Payment, procurement and delivery records, showing financial and delivery commitments to First Nations people, organisations and suppliers were honoured.
- Final approved public communications involving First Nations content, plus any approval records from First Nations reviewers.
Not all records should be accessible to all staff or partners; follow the confidentiality conditions agreed with the relevant person or community.
8.4 Continuous Improvement Process
Cultural capability is an evolving organisational skill. First Nations engagement should not reset to zero each year — carry learnings, relationships and agreements from one event cycle into the next, built into annual planning rather than an informal post-event chat.
See: Section 8.1 Post-Event Evaluation.
This means:
Turning feedback into actions with an owner, deadline and place in the next event plan
Maintaining relationship continuity between events rather than only approaching community when a new request arises
Building internal capability so knowledge does not sit with one staff member but becomes part of the organisation's operating model, not something outsourced entirely to external advisors.
Engagement should leave something beyond audience experience and reputation, such as ongoing paid relationships, multi-year programming, community access, procurement, mentoring, trainee pathways or commissions. First Nations programming should not be scaled before the underlying engagement process is strong.
Practical note
Continuous improvement should be guided by one core question:
What did we learn, what did we change, and how will First Nations people experience the event differently next time?
9. Communication & Training
9.1 Training Requirements
All staff, contractors, security, volunteers and relevant suppliers should receive a cultural safety briefing before the event commences.
Generic cultural awareness training is useful, but it is not enough on its own. Event teams need practical, site-specific information that helps them act appropriately during planning, bump-in, live operations and bump-out.
Cultural safety briefing should be included in the event’s broader training and induction process. It should not be treated as optional or relevant only to programming staff.
Any persons working on site may encounter situations where cultural safety, consent or protocol obligations apply.
Minimum briefing content should cover:
- the Country the event is held on and relevant local cultural context
- First Nations artists, Elders or organisations involved, and the purpose of any protocol
- who is authorised to deliver each protocol, and when/where it occurs
- access, timing and support needs for Elders and artists
- the on-site cultural contact, and who to contact for concerns, incidents or racist behaviour
- restrictions on photography, filming, livestreaming and recording
- mourning protocols, site heritage considerations and stop-work procedures
Role-specific briefing
Different teams require different levels of briefing:
Security and crowd management teams should understand cultural safety obligations, cultural protocols occurring on site, who to contact if a concern arises, and how to respond to racism, harassment or culturally unsafe behaviour without escalating harm.
Stage managers and production teams should understand Welcome to Country, Smoking Ceremony, Acknowledgement of Country, timing, technical needs, access requirements, microphone and staging requirements, and whether any cultural moment can be photographed, filmed or livestreamed.
Artist liaison and hospitality teams should understand how to support First Nations artists, Elders, cultural knowledge holders and community representatives with travel, access, green room support, timing, payment follow-up, media requests and culturally safe backstage environments.
Marketing, media and content teams should understand consent conditions, ICIP restrictions, approved language, correct attribution, Nation names, cultural warnings, mourning protocols, and whether content requires review before publication.
Site, infrastructure and contractor teams should understand any heritage restrictions, exclusion zones, stop-work procedures, AHIMS-related site controls, and who to contact if a potential Aboriginal object or site concern arises.
Volunteers and front-of-house teams should understand basic cultural protocols, respectful conduct, event-specific acknowledgements, who to contact for cultural concerns, and how to support patrons without speaking beyond their knowledge or role.
Cultural competency training
For larger or recurring festivals with significant First Nations content, consider deeper cultural competency training for leadership and department heads, covering colonisation, cultural authority, ICIP, consent and identity. Training does not replace local engagement — a trained team still needs to speak with the right people.
Responsibility for training
The Event Organiser is responsible for ensuring briefing and training occurs. A consultant or liaison may advise or deliver parts of it, but accountability stays with the organiser. As mentioned, this responsibility should never sit informally with a First Nations staff member or artist unless it is a paid, authorised part of their role.
Practical note
A cultural safety briefing should answer the practical questions staff will face on site:
Where are we? Who is involved? What protocols apply? What can and cannot be recorded? Who do we call if something happens? What are we not authorised to decide ourselves?
If staff cannot answer those questions before the event opens, the briefing has not gone far enough.
9.2 Communication Protocols
Cultural incidents and protocol requirements need clear, pre-planned communication pathways.
Festival environments move quickly, and without a clear pathway, cultural issues can be missed, mishandled, or resolved by people without the authority to make the right decision.
Protocols should be established before the event and included in staff briefings, run sheets and incident management processes, and all communications documented.
These should include:
- Identify a single point of contact for cultural matters on site with a clear role description, direct access to the Event Organiser, and support from operations and security teams.
See further: 9.2.1 Escalation Pathway and Cultural Point of Contact and 6.1 Role Clarity Matrix - Establish a clear escalation pathway before the event: Use outlined structure accordingly to identify key escalation steps.
See: 9.2.1 Escalation Pathway and Cultural Point of Contact - Communicate cultural protocols across teams. Cultural protocols must be communicated to every team that needs to support them, i.e., Welcome to Country and Smoking Ceremony logistics should be coordinated with production, stage management, fire safety, security, artist liaison, site operations and front-of-house teams.
- Public statements about cultural incidents, i.e., media statements, social media, sponsor communications, you must consult the relevant First Nations person or organisation involved prior. Avoid disclosing sensitive information without consent, and avoid shifting responsibility onto First Nations people or minimising harm before establishing what occurred. Handle corrections and apologies promptly and respectfully.
10. Practical Examples & Case Studies
10.1 What Good Looks Like
These examples show what meaningful First Nations engagement can look like in practice — as opposed to templates to copy directly, since each festival, site and community context is different. They illustrate principles in action: early engagement, proper resourcing, First Nations creative leadership, and outcomes that extend beyond a single symbolic moment. Before publication, confirm permission to name any festival, artist, Elder or partner referenced.
10.2 Common Mistakes to Avoid
Most problems in First Nations engagement are avoidable. They usually happen when organisers start too late, make assumptions about cultural authority, treat cultural labour as symbolic, or use First Nations culture as content without the right relationships, consent and support.
The following mistakes are common across festival and event contexts.
- Treating a Welcome to Country as the whole engagement, rather than one part of a full-lifecycle process
- Starting to engage the First Nations community too late: community is asked to approve decisions as opposed to shaping them, compromising consent, planning, genuine relationship building and increasing costs.
- Engaging the wrong representative: assuming the most available or convenient contact holds authority for every cultural matter i.e., asking a single First Nations artist or staff member to speak for a whole community instead of seeking advice or forcing a decision out of convenience
- Not paying for cultural services: if the organiser is using the advice to reduce risk, improve the event, access cultural knowledge or shape public representation, it should be budgeted as professional work. Professional time and expertise for free is inappropriate.
- Assuming verbal consent is sufficient for ICIP use, recordings or commercial use, instead of documenting agreements in writing
- Misusing ICIP or treating cultural material as ordinary content, including reusing material from a previous event without renewed consent. Cultural material may carry responsibilities to Country, family, community, Elders, ancestors and future generations, and may have rules about who can share it, how it can be used, whether it can be recorded, and whether it can be adapted or commercialised.
- Using names, images or recordings of deceased persons without permission, and treating a disclaimer as a substitute for it - this can constitute a serious cultural breach.
- Overstating the relationship publicly with terms like "community-led" or "co-designed" that do not accurately describe the process. A meeting is not co-design. A paid artist booking is not a community partnership. A Welcome to Country is not a whole engagement strategy. A consultation email is not an endorsement. Overstating the relationship can damage trust and create reputational risk for both the organiser and the First Nations people involved.
- Treating First Nations people as interchangeable, including booking an artist from elsewhere and assuming that covers local engagement. First Nations peoples are not one single cultural group. Aboriginal and Torres Strait Islander peoples belong to distinct Nations and communities with different languages, histories, cultural practices, governance structures and relationships to Country.
- Leaving cultural safety to First Nations staff or artists informally, rather than as a resourced organisational responsibility. A common mistake is assuming that the presence of a First Nations person on staff means the organisation has cultural safety covered. It does not. Cultural safety is an organisational responsibility.
- Failing to brief security, media and contractors, so cultural obligations do not reach the people working on the ground. Common mistakes include security not knowing who to contact during a cultural concern, photographers filming ceremonies without permission, social media teams posting restricted cultural content, contractors entering culturally sensitive areas, stage managers rushing a Welcome to Country, or sponsor teams using cultural imagery beyond the agreed scope.
- Ignoring site and heritage responsibilities by assuming prior event use means no cultural heritage risk exists. Festival organisers should not assume that a site has no Aboriginal cultural heritage significance because it has been used for events before, appears developed, or has no visible heritage markers.
- No post-event follow up and debrief. First Nations engagement does not end when the event closes. A common mistake is to contact First Nations people only when something is needed, then disappear after delivery. This weakens trust and makes future engagement harder.
Practical note
Most mistakes come back to the same issues: starting late, making assumptions, underpaying people, failing to document consent, overstating relationships, and treating First Nations culture as content rather than responsibility.
A useful test is:
Would this decision still feel appropriate if the relevant First Nations people were in the room, had full context, had time to respond, and had the power to say no?
11. Appendices / Resources
11.1 Checklists & Templates
Post-event evaluation for First Nations Engagement - Sample Questions
Post-event evaluation for First Nations Engagement - Sample Questions
A structured example checklist of questions for reviewing a festival's First Nations engagement performance after the event.
Arts Law contract templates - ICIP agreement
Template agreements for use of First Nations cultural materials, consultancy agreements, storyteller agreements etc.,
11.2 External Guidelines & Standards
Government Guidelines
Create NSW — Aboriginal Arts and Culture Protocols
Cultural engagement standards for organisations working with Aboriginal arts and culture
Aboriginal Affairs NSW
Lead NSW government agency for policy, community advocacy, and engagement support
Collaborate NSW — Cultural Concepts
Terminology and protocol guidance for government and organisations engaging with First Nations communities
Industry Resources
Creative Australia — First Nations ICIP Protocols
The recognised standard for ethical use of Indigenous Cultural and Intellectual Property in the arts
Arts Law Centre of Australia — ICIP information sheet
Guidance on protecting First Nations cultural and intellectual property
Reconciliation Australia — RAP Framework
Framework for organisations formalising their reconciliation commitments
ACHAA (Aboriginal Cultural Heritage Advisors Association NSW)
Peak body for Aboriginal Cultural Centres; relevant for regional engagement
International Standards
ISO 20121:2024 — Event Sustainability Management Systems
International standard for sustainable events with a focus on host community engagement
11.3 Contacts & Service Providers
NSW Government Agencies
Peak Bodies and Industry Organisations
ACHAA (NSW)
Peak body for Aboriginal Cultural Centres, particularly relevant for regional festivals
Email: hello@achaa.com.au
APRA AMCOS
Royalty collection and licensing for music creators, including First Nations artists
Phone: +61 2 9935 7900
Arts Law Centre of Australia
Guidance and contract templates for cultural agreements
Phone: (02) 9356 2566
Email: artslaw@artslaw.com.au
Artists in the Black (AITB)
Specialist legal service for First Nations artists operated by the Arts Law Centre
Reconciliation Australia
Lead peak-body for reconciliation in Australia
Phone: (02) 6153 4400
Local Aboriginal Land Councils
Use the NSW Aboriginal Land Council interactive map to find the LALC for your event location
Disclaimer
The Festival Blueprint is general information only. It does not constitute legal or any other professional advice, and should not be relied on as a substitute for independent professional advice tailored to your circumstances.
Use of the Festival Blueprint is subject to the applicable terms and conditions and does not guarantee compliance with any law, regulation, approval, licence, permit, standard or other legal requirement. You are solely responsible for ensuring compliance with these requirements.