Advancing the Treaty Process with Aboriginal Victorians Act 2018
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Advancing the Treaty Process with Aboriginal
Victorians Act 2018
No. 28 of 2018
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 4
1 Purposes 4
2 Commencement 4
3 Definitions 4
4 Appointment of Victorian Treaty Advancement Commissioner 6
5 Act does not affect certain rights 6
6 Act does not affect native title rights and interests 7
7 Act does not affect certain entities 7
8 Act binds the Crown 8
Part 2—Aboriginal Representative Body 9
9 Recognition of Aboriginal Representative Body 9
10 Function of Aboriginal Representative Body 9
11 Declaration of Aboriginal Representative Body 9
12 Recommendation for declaration of Aboriginal Representative
Body 10
13 Declaration to be made by certain date 10
14 Revocation of declaration 11
15 Process for determining if misconduct has occurred 12
16 Effect of revocation of declaration 13
17 Minister to prepare plan for making subsequent Aboriginal
Representative Body declaration 13
18 Subsequent Aboriginal Representative Body declaration 14
19 Transmission of plans to the Parliament when in recess 15
Part 3—Guiding principles for the treaty process 16
20 Application of this Part and definition 16
21 Effect of this Part 16
22 Self-determination and empowerment 17
23 Fairness and equality 17
24 Partnership and good faith 17
25 Mutual benefit and sustainability 17
26 Transparency and accountability 18
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Part 4—Treaty Authority 19
27 Treaty Authority 19
28 Functions of the Treaty Authority 19
29 Recognition of the Treaty Authority 19
Part 5—Treaty negotiation framework 21
30 Treaty negotiation framework 21
31 Content of the treaty negotiation framework 21
32 Variation of the treaty negotiation framework 22
33 Commencement of treaty negotiations 22
34 Treaty negotiations to comply with treaty negotiation
framework 22
Part 6—Self-determination fund 23
35 Self-determination fund 23
36 Purposes of self-determination fund 23
37 Aboriginal Representative Body to administer
self-determination fund 23
Part 7—Dispute resolution 24
38 Dispute resolution process 24
39 Application of dispute resolution process 24
40 Content of the dispute resolution process 24
Part 8—Reporting 25
41 Minister's annual report 25
42 Aboriginal Representative Body's annual report 26
43 Transmission of annual reports to the Parliament 26
44 Transmission of annual reports to the Parliament when in recess 27
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Endnotes 28
1 General information 28
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Authorised by the Chief Parliamentary Counsel
Authorised Version
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Advancing the Treaty Process with
Aboriginal Victorians Act 2018†
No. 28 of 2018
[Assented to 3 July 2018]
Preamble
The State of Victoria acknowledges Victorian traditional
owners as the first peoples of what is now known as
Victoria. From time immemorial Victorian traditional
owners have practised their laws, customs and languages,
and nurtured Country through their spiritual, cultural,
material and economic connections to land, water and
resources. Through the strength, resilience and pride of
Victorian traditional owners, their cultures, communities
and economies endure and continue to grow and thrive
today. Aboriginal Victorians are an intrinsic and valued
part of Victoria's past, present and future.
The State acknowledges the diversity of Aboriginal
Victorians, their communities and cultures, and the
intrinsic connection of traditional owners to Country.
Aboriginal Victorians are Victorian traditional owners,
Victoria
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clans, family groups and all other people of Aboriginal
and Torres Strait Islander descent who are living in Victoria.
Victorian traditional owners maintain that their sovereignty
has never been ceded, and Aboriginal Victorians have long
called for treaty. These calls have long gone unanswered.
The time has now come to take the next step towards
reconciliation and to advance Aboriginal self-determination.
Aboriginal Victorians and the State are ready to talk treaty.
In recent times, Victorian traditional owners and the State
have worked together to ensure traditional owners play a
lead role in managing and protecting land, natural resources
and cultural heritage. To date, consultations with Aboriginal
Victorians have emphasised the leading role and authority
of traditional owners when it comes to treaty. Through
this historic Act, all Aboriginal Victorians and the State
are building on this and other good work and embarking
on a renewed and mature relationship. This relationship
is one of equal partnership, founded on mutual respect
and a commitment to justice and equality for Aboriginal
Victorians, and to promoting reconciliation between
Aboriginal and non-Aboriginal Victorians.
The State will work to strengthen this relationship as it
walks alongside Aboriginal Victorians on the pathway to
treaty. This Act is an important first step on the journey.
It is an expression of the State's commitment to lay the
groundwork for future treaty negotiations in Victoria.
To translate this commitment into outcomes, it is essential
that Aboriginal Victorians and the State work in partnership
at all stages of the journey.
In doing so, the State recognises the importance of the
treaty process proceeding in a manner that is consistent
with the principles articulated in the United Nations
Declaration on the Rights of Indigenous Peoples, including
free, prior and informed consent. By continuing to consult
and cooperate in good faith, the State will endeavour to take
each step forward on the pathway toward treaty together
with traditional owners and Aboriginal Victorians.
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Accordingly, this Act requires the State and a future
Aboriginal Representative Body, as the voice chosen by
Aboriginal Victorians, to work together in partnership to
establish the entities, rules and resource base necessary to
facilitate future treaty negotiations. The State and future
Aboriginal Representative Body will at all times work
collaboratively and always in good faith to achieve their
joint vision for a state that celebrates Aboriginal Victorians
in all areas of life.
The contents of a future treaty or treaties are yet unknown.
A future treaty or treaties can help heal the wounds of
the past, provide recognition for historic wrongs, address
ongoing injustices, support reconciliation and promote the
fundamental human rights of Aboriginal peoples, including
the right to self-determination. A future treaty or treaties
should enhance the existing laws of this State, acknowledge
the importance of culture to Aboriginal identity, bring
pride to all Victorians and have positive impacts for all of
Victorian society. The State is committed to working with
Aboriginal Victorians to negotiate a treaty or treaties on
terms that will help tangibly improve their lives, and the
lives of future generations.
The injustices of the past cannot be undone. The State
is pursuing treaty because it is the right thing to do.
Victoria needs a treaty or treaties that are reciprocal,
and that through truth and justice provide far reaching
benefits for Aboriginal Victorians. For traditional owners,
Aboriginal children, elders, and stolen people; for a society
that all Victorians can all be proud of; treaty will be for all
Aboriginal Victorians. In the spirit of reconciliation, treaty
will be for all Victorians.
With this Act Aboriginal Victorians and the State join hands
to take the first step on the pathway towards treaty.
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The Parliament of Victoria therefore enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to advance the process of treaty making
between traditional owners and Aboriginal
Victorians, and the State; and
(b) to provide for a mechanism for the State
to recognise the Aboriginal Representative
Body as the sole representative of traditional
owners and Aboriginal Victorians for the
purpose of establishing elements necessary
to support future treaty negotiations; and
(c) to enshrine the guiding principles for the
treaty process; and
(d) to require the Aboriginal Representative
Body and the State to work together to
establish elements necessary to support
future treaty negotiations.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 30 September 2018, it comes
into operation on that day.
3 Definitions
In this Act—
Aboriginal Representative Body means the entity
declared to be the Aboriginal Representative
Body by the Minister—
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(a) by an Aboriginal Representative Body
declaration; or
(b) by a subsequent Aboriginal
Representative Body declaration;
Aboriginal Representative Body declaration
means a declaration by the Minister under
section 11;
Aboriginal Treaty Working Group means—
(a) the Aboriginal Treaty Working
Group recognised by the Minister
in July 2016; or
(b) if that Aboriginal Treaty Working
Group is no longer in existence, a body
established by the Minister from time
to time with objectives that correspond
with—
(i) consulting with traditional
owners and Aboriginal Victorians
on options for establishing, or
re-establishing, the Aboriginal
Representative Body; and
(ii) providing advice to traditional
owners and Aboriginal Victorians
and to the State for the purpose of
advancing the treaty process;
dispute resolution process means the dispute
resolution process established by agreement
by the Aboriginal Representative Body and
the State in accordance with Part 7;
guiding principles means the principles set out in
Part 3;
misconduct means conduct at a systemic level that
brings the Aboriginal Representative Body
into disrepute and that is not limited to the
conduct of one person;
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subsequent Aboriginal Representative Body
declaration means a declaration by the
Minister under section 18;
traditional owner, in relation to an area in
Victoria, has the same meaning as in
Aboriginal Heritage Act 2006;
Treaty Authority means the Treaty Authority
established by agreement by the Aboriginal
Representative Body and the State in
accordance with Part 4;
treaty negotiation framework means the treaty
negotiation framework established by
agreement by the Aboriginal Representative
Body and the State in accordance with
Part 5;
Victorian Treaty Advancement Commissioner
means the office holder of that name
appointed by the Governor in Council under
section 88 of the Constitution Act 1975.
4 Appointment of Victorian Treaty Advancement
Commissioner
The Minister must not recommend a person for
appointment as Victorian Treaty Advancement
Commissioner unless the person is an Aboriginal
Victorian.
5 Act does not affect certain rights
(1) Nothing in this Act—
(a) derogates from any right or expectation
under the Aboriginal Heritage Act 2006,
the Conservation, Forests and Lands
Act 1987 or the Traditional Owner
Settlement Act 2010; or
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(b) affects any other right or expectation of
traditional owners or Aboriginal Victorians
under any other Act or law.
(2) The provisions of this Act must be interpreted in
a way that does not prejudice or reduce rights or
expectations of traditional owners or Aboriginal
Victorians established by or existing under any
other Act or law.
6 Act does not affect native title rights and interests
(1) Nothing in this Act is intended to affect native
title rights and interests otherwise than in
accordance with the Native Title Act 1993 of
the Commonwealth.
(2) The provisions of this Act must be interpreted in
a way that does not prejudice native title rights
and interests to the extent that those rights and
interests are recognised and protected by the
Native Title Act 1993 of the Commonwealth.
(3) In this section, affect and native title rights and
interests have the same meanings as in the Native
Title Act 1993 of the Commonwealth.
7 Act does not affect certain entities
Nothing in this Act—
(a) affects any statutory appointment existing for
the purpose of representation of traditional
owners and Aboriginal Victorians; or
(b) limits the recognition of any Aboriginal
entity under any other Act or regulations
or other law; or
(c) limits the functions of any Aboriginal entity
conferred or imposed by any other Act or
regulations or other law.
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8 Act binds the Crown
This Act binds the Crown—
(a) in right of the State of Victoria; and
(b) to the extent that the legislative power of the
Parliament permits, in all its other capacities.
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Part 2—Aboriginal Representative Body
9 Recognition of Aboriginal Representative Body
(1) The Aboriginal Representative Body is the
sole representative of traditional owners
and Aboriginal Victorians for the purpose
of establishing elements necessary to support
future treaty negotiations.
(2) The State must recognise the Aboriginal
Representative Body as the sole representative
of traditional owners and Aboriginal Victorians
for that purpose.
10 Function of Aboriginal Representative Body
(1) The function of the Aboriginal Representative
Body is to represent the diversity of traditional
owners and Aboriginal Victorians in working
with the State to establish by agreement elements
necessary to support future treaty negotiations.
(2) In carrying out the function specified in
subsection (1), the Aboriginal Representative
Body must—
(a) ensure that cultures of traditional owners
and Aboriginal Victorians are promoted
and respected; and
(b) work with traditional owners and Aboriginal
Victorians.
(3) All elected members (however described) other
than employees of the Aboriginal Representative
Body must be traditional owners.
11 Declaration of Aboriginal Representative Body
(1) The Minister, on the recommendation of the
Victorian Treaty Advancement Commissioner,
must declare an entity to be the Aboriginal
Representative Body.
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(2) A declaration under subsection (1) must be made
by notice published in the Government Gazette.
12 Recommendation for declaration of Aboriginal
Representative Body
(1) The Victorian Treaty Advancement
Commissioner must make a recommendation
to the Minister that an entity be declared to
be the Aboriginal Representative Body.
(2) A recommendation under subsection (1) must
be in writing and include—
(a) the name of the entity; and
(b) how the entity is established; and
(c) the legal structure of the entity.
13 Declaration to be made by certain date
(1) If the Minister has not made an Aboriginal
Representative Body declaration before 1 July
2019, the Minister must cause a plan for making
a timely Aboriginal Representative Body
declaration to be laid before each House of
the Parliament on or before 15 sitting days
after that day.
(2) In preparing a plan under subsection (1), the
Minister must—
(a) for the purpose of working in partnership
with traditional owners and Aboriginal
Victorians, work together with the Victorian
Treaty Advancement Commissioner and the
Aboriginal Treaty Working Group; and
(b) set out the actions to be taken by the Minister
for the purposes of—
(i) supporting traditional owners and
Aboriginal Victorians in establishing
the Aboriginal Representative Body;
and
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(ii) making an Aboriginal Representative
Body declaration.
14 Revocation of declaration
(1) The Minister may only revoke an Aboriginal
Representative Body declaration if—
(a) the entity declared to be the Aboriginal
Representative Body ceases to exist; or
(b) the Aboriginal Representative Body informs
the Minister in writing that it is unable to
perform its function under this Act; or
(c) the Minister is satisfied on reasonable
grounds that—
(i) the Aboriginal Representative Body
has committed misconduct; and
(ii) by reason of the misconduct, the
Aboriginal Representative Body
is unable to effectively perform its
function under this Act; and
(iii) the Aboriginal Representative Body
has failed to take reasonable steps to
remedy the misconduct and to take
all necessary steps to prevent further
misconduct that are reasonably
available.
(2) If the Minister revokes an Aboriginal
Representative Body declaration, the Minister
must give reasons for the decision in writing.
(3) If the Minister revokes an Aboriginal
Representative Body declaration, the Minister,
in the instrument of revocation, must provide
for any transitional arrangements in relation to
the activities of the Aboriginal Representative
Body that are required until the Minister makes
a subsequent Aboriginal Representative Body
declaration.
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(4) This section applies despite anything to
the contrary in sections 27 and 41A of the
Interpretation of Legislation Act 1984.
15 Process for determining if misconduct has occurred
(1) For the purpose of determining if the Aboriginal
Representative Body has committed misconduct,
the Minister must carry out the following
process—
(a) give the Aboriginal Representative Body
notice in writing of the Minister's concern
that the Aboriginal Representative Body
has committed misconduct;
(b) invite the Aboriginal Representative Body
to meet with the Minister within a reasonable
period of time to discuss—
(i) the alleged misconduct; and
(ii) any actions taken by the Aboriginal
Representative Body to remedy the
alleged misconduct or prevent further
misconduct;
(c) request in writing the Aboriginal
Representative Body to provide reasons,
within a reasonable period of time specified
by the Minister, why the Aboriginal
Representative Body declaration should
not be revoked.
(2) The Minister must not revoke an Aboriginal
Representative Body declaration under
section 14(1)(c) unless the Minister has carried
out the process specified in subsection (1).
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16 Effect of revocation of declaration
(1) If the Minister revokes an Aboriginal
Representative Body declaration under
section 14(1)(b) or (c), the entity to which the
revocation applies ceases to be the Aboriginal
Representative Body for the purposes of this
Act, without affecting the constitution or function
of the entity for any other purpose.
(2) The revocation of an Aboriginal Representative
Body declaration does not affect the following—
(a) any agreements already in force between
the Aboriginal Representative Body and
the State;
(b) any actions taken by the Aboriginal
Representative Body, or by the Aboriginal
Representative Body and the State acting
together.
(3) Subsection (2) applies whether or not the
Aboriginal Representative Body is declared
to be the Aboriginal Representative Body—
(a) by an Aboriginal Representative Body
declaration; or
(b) by a subsequent Aboriginal Representative
Body declaration.
17 Minister to prepare plan for making subsequent
Aboriginal Representative Body declaration
(1) If the Minister revokes an Aboriginal
Representative Body declaration, the Minister
must cause a plan for making a timely subsequent
Aboriginal Representative Body declaration to be
laid before each House of the Parliament on or
before 30 sitting days after the day the Minister
revokes the declaration.
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(2) In preparing a plan under subsection (1), the
Minister must—
(a) for the purpose of working in partnership
with traditional owners and Aboriginal
Victorians—
(i) convene or cause to be convened
a forum, or more than one forum,
in relation to the Aboriginal
Representative Body that is
open to all traditional owners
and Aboriginal Victorians; and
(ii) work together with the Aboriginal
Treaty Working Group; and
(b) set out any other actions that must be taken
by the Minister before making a subsequent
Aboriginal Representative Body declaration.
(3) If the Minister revokes an Aboriginal
Representative Body declaration because
the entity declared to be the Aboriginal
Representative Body ceases to exist, the
Minister must include in a plan prepared under
subsection (1) the actions to be taken by the
Minister to support traditional owners and
Aboriginal Victorians to re-establish the
Aboriginal Representative Body.
18 Subsequent Aboriginal Representative Body
declaration
(1) The Minister must declare an entity to be the
Aboriginal Representative Body subsequent to
revoking an Aboriginal Representative Body
declaration.
(2) Before declaring an entity to be the Aboriginal
Representative Body under subsection (1), the
Minister must comply with a plan prepared under
section 17.
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(3) A declaration under subsection (1) must be made
by notice published in the Government Gazette.
19 Transmission of plans to the Parliament when in
recess
(1) If the Minister proposes to transmit a plan
prepared under this Part to the Parliament when
Parliament is in recess, the Minister must—
(a) give one business day's notice of the
Minister's intention to do so to the clerk
of each House of the Parliament; and
(b) give the plan to the clerk of each House
on the day indicated in the notice; and
(c) cause the plan to be published on an
appropriate government website as soon
as practicable after giving it to the clerks.
(2) The clerk of each House of the Parliament must—
(a) notify each member of the House of the
receipt of a notice under subsection (1)(a)
on the same day that the clerk receives that
notice; and
(b) give a copy of the plan to each member of
the House as soon as practicable after the
plan is received under subsection (1)(b); and
(c) cause the plan to be laid before the House
on the next sitting day of the House.
(3) For the purposes of this section, the Parliament is
in recess when neither House is sitting.
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Part 3—Guiding principles for the treaty process
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Part 3—Guiding principles for the
treaty process
20 Application of this Part and definition
(1) This Part specifies the guiding principles for the
treaty process.
(2) It is the intention of the Parliament that the
guiding principles should be culturally
empowering, and the Parliament acknowledges
that the guiding principles may have different
meanings and emphasis for different traditional
owners and Aboriginal Victorians and those
variations must be considered in the application
of the guiding principles.
(3) In this Part—
parties to the treaty process means the
following—
(a) the Aboriginal Representative Body;
(b) the State;
(c) the Treaty Authority;
(d) any person, group or body participating
in future treaty negotiations.
21 Effect of this Part
(1) The parties to the treaty process at all times must
act in accordance with the guiding principles.
(2) Without limiting subsection (1), the Aboriginal
Representative Body and the State must act
in accordance with the guiding principles in
establishing elements necessary to support future
treaty negotiations.
(3) It is the intention of the Parliament that in the
administration of this Act regard is to be given
to the guiding principles.
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22 Self-determination and empowerment
(1) Traditional owners and Aboriginal Victorians
have the right to self-determination.
(2) Traditional owners and Aboriginal Victorians are
empowered to freely determine their participation
in the treaty process and, to this end, their form of
representation in the treaty process.
23 Fairness and equality
(1) The parties to the treaty process must ensure
fairness between parties as they work together
to advance the treaty process.
(2) The parties to the treaty process must make
decisions that promote equality for traditional
owners and Aboriginal Victorians.
24 Partnership and good faith
(1) The parties to the treaty process must work
together in good faith to advance the treaty
process.
(2) If any disputes arise in advancing the treaty
process, the parties to the treaty process must
resolve those disputes as soon as possible after
they arise.
25 Mutual benefit and sustainability
(1) The parties to the treaty process must commit to a
treaty process that, in an ongoing and sustainable
manner, provides material social, economic and
cultural benefits for traditional owners and
Aboriginal Victorians.
(2) The parties to the treaty process must commit to
advancing the treaty process in a manner that
promotes reconciliation and celebration of
cultures of traditional owners and Aboriginal
Victorians and, in doing so, provides benefits
to the whole of the Victorian community.
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26 Transparency and accountability
The parties to the treaty process must act with
honesty and integrity and must be accountable for
their shared commitment to self-determination and
to the treaty process.
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Part 4—Treaty Authority
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Part 4—Treaty Authority
27 Treaty Authority
The Aboriginal Representative Body and the
State must work together to establish the Treaty
Authority by agreement.
28 Functions of the Treaty Authority
(1) The Treaty Authority, once established, has the
following functions—
(a) facilitating and overseeing treaty
negotiations;
(b) administering the treaty negotiation
framework;
(c) providing for resolution of disputes in treaty
negotiations in accordance with the treaty
negotiation framework;
(d) carrying out research to support treaty
negotiations and the administration of
the treaty negotiation framework.
(2) In establishing the Treaty Authority, the
Aboriginal Representative Body and the State
may include any additional functions to those
specified in subsection (1).
(3) In the performance of its functions the Treaty
Authority is not subject to the direction or control
of the Minister.
29 Recognition of the Treaty Authority
(1) The State must recognise the Treaty Authority
established by the Aboriginal Representative
Body and the State in accordance with this Part
as a necessary element to the treaty process and
as the sole entity performing the functions of the
Treaty Authority.
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(2) The State must work with the Treaty Authority
in good faith to advance the treaty process.
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Part 5—Treaty negotiation framework
30 Treaty negotiation framework
(1) The Aboriginal Representative Body and the
State must work together to establish the treaty
negotiation framework by agreement.
(2) The Aboriginal Representative Body and the State
must not agree to the treaty negotiation framework
before the Treaty Authority is established.
(3) The Aboriginal Representative Body and the State
must ensure that the treaty negotiation framework
provides for the negotiation of a treaty or treaties
that—
(a) recognise historic wrongs; and
(b) address ongoing injustices; and
(c) help heal wounds of the past; and
(d) support reconciliation; and
(e) bring pride to Victorians; and
(f) have positive impacts for Victoria; and
(g) promote the fundamental human rights of
Aboriginal peoples, including the right to
self-determination; and
(h) acknowledge the importance of culture to
Aboriginal identity; and
(i) enhance the laws of Victoria.
31 Content of the treaty negotiation framework
(1) The treaty negotiation framework must include
the following matters—
(a) the process for negotiating a treaty or
treaties;
(b) the process for formalising agreement to a
treaty or treaties;
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(c) minimum standards with which a party
must comply in order to enter into treaty
negotiations;
(d) a schedule setting out the matters (if any)
that cannot or must not be agreed to in the
course of treaty negotiations;
(e) the process for the resolution of disputes
arising in the course of treaty negotiations;
(f) the mechanisms for enforcing a treaty or
treaties;
(g) reporting requirements in relation to a treaty
or treaties.
(2) The treaty negotiation framework must be
consistent with the functions of the Treaty
Authority specified in section 28.
(3) In establishing the treaty negotiation framework
by agreement, the Aboriginal Representative
Body and the State may include additional matters
to those specified in subsections (1) and (2).
32 Variation of the treaty negotiation framework
The Aboriginal Representative Body and the
State may vary the treaty negotiation framework
by agreement.
33 Commencement of treaty negotiations
Treaty negotiations must not commence before
the treaty negotiation framework is agreed to.
34 Treaty negotiations to comply with treaty
negotiation framework
Treaty negotiations must be conducted in
accordance with the treaty negotiation framework.
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Part 6—Self-determination fund
35 Self-determination fund
The Aboriginal Representative Body and
the State must work together to establish
the self-determination fund by agreement.
36 Purposes of self-determination fund
(1) The self-determination fund has the following
purposes—
(a) supporting traditional owners and Aboriginal
Victorians to have equal standing with the
State in treaty negotiations;
(b) providing a financial resource, independent
from the State, that empowers traditional
owners and Aboriginal Victorians to build
capacity, wealth and prosperity.
(2) In establishing the self-determination fund, the
Aboriginal Representative Body and the State
may include purposes additional to those specified
in subsection (1) by agreement.
(3) The Aboriginal Representative Body and the
State may vary any additional purposes of
the self-determination fund agreed to under
subsection (2) by agreement.
37 Aboriginal Representative Body to administer
self-determination fund
The Aboriginal Representative Body must
administer the self-determination fund in a
manner consistent with the purposes specified
in section 36.
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Part 7—Dispute resolution
38 Dispute resolution process
The Aboriginal Representative Body and the
State must work together to establish the
dispute resolution process by agreement.
39 Application of dispute resolution process
Any disputes between the Aboriginal
Representative Body and the State that arise
in the course of performing any function under
Parts 4, 5 or 6 must be dealt with in accordance
with the dispute resolution process.
40 Content of the dispute resolution process
The dispute resolution process must—
(a) be culturally appropriate; and
(b) set out a procedure for the resolution
of disputes between the Aboriginal
Representative Body and the State that
arise in the course of performing any
function under Parts 4, 5 or 6; and
(c) specify the periods of time within which
stages of the dispute resolution process
must be carried out; and
(d) provide for the extension of time by written
consent of the Aboriginal Representative
Body and the State.
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41 Minister's annual report
(1) The Minister must prepare an annual report on the
work of the State in advancing the treaty process
that—
(a) sets out the progress towards establishing by
agreement—
(i) the Treaty Authority; and
(ii) the treaty negotiation framework; and
(iii) the self-determination fund; and
(b) includes the details of any events or activities
conducted for the purpose of working in
partnership with traditional owners and
Aboriginal Victorians in advancing the treaty
process; and
(c) sets out any findings or outcomes arising
from events or activities conducted for
the purpose of working in partnership with
traditional owners and Aboriginal Victorians
in advancing the treaty process; and
(d) sets out the activities conducted by the State
to engage traditional owners, Aboriginal
Victorians and non-Aboriginal Victorians in
the treaty process; and
(e) includes any other information in relation
to advancing the treaty process that the
Minister considers relevant.
(2) The Minister must prepare a report under
subsection (1)—
(a) as soon as practicable after the end of each
financial year; and
(b) as a report separate to any other report
prepared by the Minister.
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42 Aboriginal Representative Body's annual report
(1) The Aboriginal Representative Body must prepare
an annual report on the work of the Aboriginal
Representative Body in advancing the treaty
process that—
(a) sets out the progress towards establishing by
agreement—
(i) the Treaty Authority; and
(ii) the treaty negotiation framework; and
(iii) the self-determination fund; and
(b) includes the details of any events or activities
conducted for the purpose of advancing the
treaty process; and
(c) sets out any findings or outcomes arising
from events or activities conducted for the
purpose of advancing the treaty process; and
(d) includes any other information in relation
to advancing the treaty process that the
Aboriginal Representative Body considers
relevant.
(2) The Aboriginal Representative Body must provide
a report prepared under subsection (1) to the
Minister for the purpose of transmission of the
report to the Parliament.
43 Transmission of annual reports to the Parliament
The Minister must cause a copy of the Minister's
annual report and a copy of the Aboriginal
Representative Body's annual report to be laid
before each House of the Parliament within
3 sitting days of that House after the preparation
of the Minister's annual report or receipt of the
Aboriginal Representative Body's annual report
(as the case requires).
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44 Transmission of annual reports to the Parliament
when in recess
(1) If the Minister proposes to transmit a copy of
the Minister's annual report and a copy of the
Aboriginal Representative Body's annual report
to the Parliament when Parliament is in recess,
the Minister must—
(a) give one business day's notice of the
Minister's intention to do so to the clerk
of each House of the Parliament; and
(b) give the reports to the clerk of each House
on the day indicated in the notice; and
(c) cause the reports to be published on an
appropriate government website as soon
as practicable after giving the reports to the
clerks.
(2) The clerk of each House of the Parliament must—
(a) notify each member of the House of the
receipt of a notice under subsection (1)(a)
on the same day that the clerk receives that
notice; and
(b) give copies of the reports to each member
of the House as soon as practicable after the
reports are received under subsection (1)(b);
and
(c) cause the reports to be laid before the House
on the next sitting day of the House.
(3) For the purposes of this section, the Parliament is
in recess when neither House is sitting.
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Endnotes
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 28 March 2018
Legislative Council: 8 June 2018
The long title for the Bill for this Act was "A Bill for an Act to advance
the treaty process between Aboriginal Victorians and the State by
providing for the recognition of the Aboriginal Representative Body,
enshrining the guiding principles for the treaty process and requiring
the Aboriginal Representative Body and the State to work together to
establish elements necessary to support future treaty negotiations and
for other purposes."
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