Treaty Commissioner Act 2020 (NT)

NORTHERN TERRITORY OF AUSTRALIA

Treaty commissioner ACT 2020

As in force at 11 July 2020

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Short title2 — Commencement3 — Definitions4 — Purpose of ActPart 2 — Office of the Treaty Commissioner5 — Establishment of Office of the Treaty Commissioner6 — Impartiality and independence7 — Appointment of Treaty Commissioner8 — Eligibility for appointment9 — Term of appointment10 — Conditions of appointment11 — Functions and powers12 — ReportingPart 3 — Administrative matters13 — Vacancy in office14 — Resignation15 — Suspension and termination of appointment16 — Leave of absence17 — Acting Treaty Commissioner18 — Treaty Commissioner's staff19 — Oath before taking office20 — Confidentiality of information21 — Protection from liabilityPart 4 — Transitional and savings matters22 — DefinitionDefinition23 — Prior Treaty Commissioner24 — ValidationAppendix — Barunga Agreement – Memorandum of Understanding NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 11 July 2020

Treaty commissioner ACT 2020

An Act to establish the Office of the Treaty Commissioner

Part 1Preliminary matters 1Short title

This Act may be cited as the Treaty Commissioner Act 2020.

2Commencement

This Act commences on the day after the day on which the Administrator’s assent to this Act is declared.

3Definitions

In this Act:

Acting Treaty Commissioner, means the person appointed under section 17.

Office of the Treaty Commissioner means the Office established by section 5.

Territory Aboriginal Land Council means any of the following:

• (a)

  the Anindilyakwa Land Council;

• (b)

  the Central Land Council;

• (c)

  the Northern Land Council;

• (d)

  the Tiwi Land Council.

Treaty Commissioner means the Treaty Commissioner appointed under section 7.

Treaty Commissioner’s staff means the staff engaged or employed under section 18.

Note for section 3

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

4Purpose

The purpose of this Act is to implement the Barunga Agreement – Memorandum of Understanding, which is set out in the Appendix to this Act.

Part 2Office of the Treaty Commissioner 5Establishment of Office of the Treaty Commissioner

• (1)

  The Office of the Treaty Commissioner is established, consisting of the Treaty Commissioner and the Treaty Commissioner’s staff.

• (2)

  The Office of the Treaty Commissioner may be known as the "Treaty Commission".

6Impartiality and independence

• (1)

  The Treaty Commissioner and the Treaty Commissioner’s staff must perform their functions and exercise their powers impartially and independently.

• (2)

  The Treaty Commissioner is not subject to direction by any person about the way in which the Treaty Commissioner performs the functions or exercises the powers of office.

• (3)

  In performing functions or exercising powers under this Act, a member of the Treaty Commissioner’s staff is subject only to the direction of:

  • (a)

    the Treaty Commissioner; or

  • (b)

    another member of the Treaty Commissioner’s staff acting with the authority of the Treaty Commissioner.

  7Appointment of Treaty Commissioner
• (1)

  The Administrator may, by Gazette notice, appoint an Aboriginal person to be the Treaty Commissioner.

• (2)

  To be appointed as the Treaty Commissioner, a person must be:

  • (a)

    eligible under section 8; and

  • (b)

    endorsed by the Chairperson of each Territory Aboriginal Land Council.

  Note for section 7

  Section 23 provides that the person acting in the position of Treaty Commissioner before the commencement of this Act is taken to be appointed under section 7.

8Eligibility for appointment

• (1)

  A person is eligiblefor appointment as the Treaty Commissioner under section 7 if:

  • (a)

    the person has suitable qualifications or experience relating to the Treaty Commissioner’s functions; and

  • (b)

    the person is committed to the purposes of this Act and its underlying principles; and

  • (c)

    the person is not any of the following:

    • (i)

      a judicial officer;

    • (ii)

      a member of an Australian parliament;

    • (iii)

      a member of a local government council or of an equivalent body in a State or another Territory;

    • (iv)

      a member of a political party;

    • (v)

      an officer of a Territory controlled entity; and

  • (d)

    the person does not have a recent political affiliation.

• (2)

  For subsection (1)(d), a person has a recent political affiliation if, at any time during the previous 5 years, the person:

  • (a)

    was a member of the Legislative Assembly or a local government council; or

  • (b)

    was an office holder or elected representative of a political party in the Territory or elsewhere in Australia; or

  • (c)

    was a member of staff of a minister; or

  • (d)

    made a reportable donation to a political party, or an associated entity of a political party, in the Territory or elsewhere in Australia.

• (3)

  For subsection (2)(d), a person made a reportable donation if it was made by the person or by a body corporate of which the person was an office holder or majority shareholder at the time the donation was made.

• (4)

  In this section:

  associated entity, see section 176 of the Electoral Act 2004.

  reportable donation means a gift or loan that is required to be disclosed or reported under Part 10 of the Electoral Act 2004 or under a similar law in force in the Commonwealth or in a State or another Territory.

  Territory controlled entity, see section 3(1) of the Audit Act 1995.

9Term of appointment

• (1)

  The appointment of a person as the Treaty Commissioner is for a period of 3 years.

• (2)

  A person who is the Treaty Commissioner may be reappointed if the person is:

  • (a)

    still eligible under section 8; and

  • (b)

    endorsed by the Chairperson of each Territory Aboriginal Land Council.

  10Conditions of appointment
• (1)

  The Treaty Commissioner holds office on the conditions, including conditions about remuneration, expenses and allowances, determined by the Administrator.

• (2)

  The Treaty Commissioner’s conditions of office:

  • (a)

    cannot provide any conditions that are contingent on the Treaty Commissioner’s performance in office; and

  • (b)

    cannot be varied during the Treaty Commissioner’s term in office.

  11Functions and powers
• (1)

  The Treaty Commissioner has the following functions:

  • (a)

    to gauge support in the Territory for a treaty between the Territory and Aboriginal peoples of the Territory;

  • (b)

    to consider what a treaty in the Territory should seek to achieve;

  • (c)

    to consider whether there should be one or multiple treaties in the Territory;

  • (d)

    to consider what form a treaty should take;

  • (e)

    to consider what outcomes are possible for Aboriginal peoples of the Territory under a treaty;

  • (f)

    to research best practice processes to treaty negotiations and consider which process should be used;

  • (g)

    to provide advice on matters related to a treaty between the Territory and Aboriginal peoples of the Territory;

  • (h)

    to promote awareness of the Treaty Commission’s activities among Territorians;

  • (i)

    to perform other functions conferred on the Treaty Commissioner by the Minister.

• (2)

  The Treaty Commissioner has the following powers:

  • (a)

    to consult with the Territory Aboriginal Land Councils, the Aboriginal peoples of the Territory and areas adjacent to the Territory and Territorians in general;

  • (b)

    to establish procedures and protocols, including reporting systems, to ensure information gathered by the Treaty Commissioner is shared with the Territory, Territory Aboriginal Land Councils and the Aboriginal peoples of the Territory;

  • (c)

    to facilitate communications between the Territory, Territory Aboriginal Land Councils and the Aboriginal peoples of the Territory in relation to the development of a framework for future treaty negotiations;

  • (d)

    to engage consultants as the Treaty Commissioner considers necessary to assist the Treaty Commissioner in performing functions under this Act;

  • (e)

    to do anything necessary or convenient to be done for, or in relation to, the performance of the Treaty Commissioner’s functions.

  12Reporting
• (1)

  The Treaty Commissioner must give the Minister an interim report on the performance of the Treaty Commissioner’s functions.

• (2)

  The Treaty Commissioner must give the Minister a final report on the performance of the Treaty Commissioner’s functions within:

  • (a)

    18 months after the Minister tables the interim report referred to in subsection (1) in the Legislative Assembly; or

  • (b)

    a longer period determined by the Minister with the endorsement of the Chairperson of each Territory Aboriginal Land Council.

• (3)

  The Minister must publicly release a copy of a report under subsection (1) or (2) within 21 days after receiving it.

• (4)

  The Minister must table in the Legislative Assembly a copy of a report under subsection (1) or (2) within 21 days after receiving it or at the next earliest opportunity.

Part 3Administrative matters 13Vacancy in office

• (1)

  The office of Treaty Commissioner becomes vacant if:

  • (a)

    the Treaty Commissioner resigns under section 14; or

  • (b)

    the Treaty Commissioner’s appointment is terminated under section 15(5); or

  • (c)

    the Treaty Commissioner is found guilty of an indictable offence, whether in the Territory or elsewhere, for which the maximum penalty is imprisonment for a term of at least 12 months, with or without a fine; or

  • (d)

    the Treaty Commissioner becomes bankrupt, applies to take the benefit of the law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit.

• (2)

  The office of Treaty Commissioner must not remain vacant for more than 6 months.

14Resignation

The Treaty Commissioner may resign office by written notice given to the Administrator.

15Suspension and termination of appointment

• (1)

  The Administrator may suspend the Treaty Commissioner from duty if:

  • (a)

    the Treaty Commissioner becomes physically or mentally incapable of satisfactorily performing official duties; or

  • (b)

    the Treaty Commissioner engages in corrupt conduct as defined in section 10 of the Independent Commissioner Against Corruption Act 2017.

• (2)

  The Minister must immediately give the Treaty Commissioner a statement of reasons for the suspension.

• (3)

  The Minister must table in the Legislative Assembly the written statement within 6 sitting days after the suspension was imposed.

• (4)

  The Minister must table in the Legislative Assembly any written response by the Treaty Commissioner within 6 sitting days after the response is made.

• (5)

  The Administrator must terminate the Treaty Commissioner’s appointment if a resolution requiring the termination is passed by a two-thirds majority of the members of the Legislative Assembly.

• (6)

  The suspension of the Treaty Commissioner is lifted if:

  • (a)

    the Minister does not table the statement in accordance with subsection (3); or

  • (b)

    the Legislative Assembly does not pass a resolution in accordance with subsection (5) within 6 sitting days after the statement is tabled.

• (7)

  The Treaty Commissioner is entitled to be paid remuneration and allowances during the period of suspension.

16Leave of absence

The Minister may grant the Treaty Commissioner leave of absence on the conditions decided by the Minister.

17Acting Treaty Commissioner

• (1)

  The Administrator may appoint a person to act as the Treaty Commissioner during a vacancy in the office.

• (2)

  A person may be appointed as an Acting Treaty Commissioner if the person is:

  • (a)

    eligible under section 8; and

  • (b)

    endorsed by the Chairperson of each Territory Aboriginal Land Council.

• (3)

  An appointment of an Acting Treaty Commissioner during a vacancy in the office may only be for a period or periods not exceeding in aggregate 6 months in any 12 month period.

• (4)

  If the office of the Treaty Commissioner is vacant for a period of 18 months, no further appointment of an Acting Treaty Commissioner during the vacancy can be made.

• (5)

  An Acting Treaty Commissioner holds office on the conditions, including conditions about remuneration, expenses and allowances, determined by the Administrator.

18Treaty Commissioner's staff

• (1)

  The Treaty Commissioner’s staff consists of the following:

  • (a)

    a Deputy Treaty Commissioner;

  • (b)

    public sector employees employed for the purposes of the Office of the Treaty Commissioner;

  • (c)

    persons employed in an Agency made available by the Chief Executive Officer of the Agency under an arrangement with the Treaty Commissioner.

• (2)

  Subject to subsection (3), the Treaty Commissioner may engage the services of a suitable person to be the Deputy Treaty Commissioner without the requirement to invite tenders under the Procurement Act 1995.

• (3)

  The process for engaging the services of a suitable Deputy Treaty Commissioner must be endorsed by the Chairperson of each Territory Aboriginal Land Council.

• (4)

  The Treaty Commissioner’s staff must assist the Treaty Commissioner to perform the Treaty Commissioner’s functions and exercise the Treaty Commissioner’s powers.

19Oath before taking office

• (1)

  Before performing any functions as Treaty Commissioner, the Treaty Commissioner must take an oath or make an affirmation that the Treaty Commissioner will faithfully, impartially and truly perform the functions of the Treaty Commissioner according to law.

• (2)

  Before performing any functions as Acting Treaty Commissioner, an Acting Treaty Commissioner must take an oath or make an affirmation that the Treaty Commissioner will faithfully, impartially and truly perform the functions of the Acting Treaty Commissioner according to law.

• (3)

  The oath must be administered by the Administrator.

20Confidentiality of information

A member of the Treaty Commissioner’s staff must not disclose confidential information, obtained in the course of performing a function or exercising a power under this Act, without the authority of the Treaty Commissioner.

21Protection from liability

• (1)

  A person who is performing functions under this Act is not civilly liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function under this or any other Act.

• (2)

  Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.

Part 4Transitional and savings matters 22Definition

In this Part:

commencement means the commencement of section 7 of this Act.

23Prior Treaty Commissioner

• (1)

  Michael James Dodson, who was performing the functions of the non-statutory position of Treaty Commissioner immediately before the commencement, is taken to be the Treaty Commissioner appointed under this Act on the commencement until 3 March 2022.

• (2)

  For subsection (1), Michael James Dodson is taken to hold office on the same conditions, including conditions about remuneration, expenses and allowances, on which he performed those functions immediately before the commencement.

24Validation

• (1)

  Any act performed or purported to have been performed by Michael James Dodson while he was performing the functions of the non-statutory position of Treaty Commissioner immediately before the commencement is taken to be an act performed or purported to have been performed under this Act.

• (2)

  To avoid doubt, any interim report given by Michael James Dodson to the Minister before the commencement is taken to be the interim report referred to in section 12(1).

   

AppendixBarunga Agreement – Memorandum of Understanding

section 4

THE BARUNGA AGREEMENT

A MEMORANDUM OF UNDERSTANDING TO PROVIDE FOR THE DEVELOPMENT OF A FRAMEWORK FOR NEGOTIATING A TREATY WITH THE FIRST NATIONS OF THE NORTHERN TERRITORY OF AUSTRALIA

 

BETWEEN

THE NORTHERN LAND COUNCIL (NLC), THE CENTRAL LAND COUNCIL (CLC), THE ANINDILYAKWA LAND COUNCIL (ALC) AND THE TIWI LAND COUNCIL (TLC)

 

(THE ABORIGINAL LAND COUNCILS)

 

and

 

THE NORTHERN TERRITORY GOVERNMENT

 

(THE NTG)

 

The Aboriginal Land Councils are independent statutory authorities established under the Aboriginal Land Rights (Northern Territory) Act 1976 to express the wishes and protect the interests of traditional owners throughout the Northern Territory.   The members of the Land Councils are elected by Aboriginal people living in their areas.   The NLC and CLC are also Native Title Representative Bodies recognised under the Native Title Act 1993to promote the interests of native title holders across the Territory (‘Traditional owners’ include native title holders).

 

The NTG is the democratic, representative and executive arm of the Northern Territory.   Its functions and powers derive from the Northern Territory Self Government Act 1978, which established the Northern Territory of Australia as a body politic under the Crown.

BACKGROUND TO THE MEMORANDUM OF UNDERSTANDING:

This Memorandum of Understanding (MOU) represents the first significant step in advancing a Treaty in the Northern Territory since the call for a national treaty in the historic Barunga Statement by the Northern and Central Land Councils.

 

The Barunga Statement was presented to former Prime Minister, RJ Hawke AC, by Mr Galarrwuy Yunupingu AM and Mr Wenten Rubuntja at the annual Barunga Cultural and Sporting Festival on 12 June 1988.

 

The text of the Barunga Statement is as follows:

 

We, the Indigenous owners and occupiers of Australia, call on the Australian Government and people to recognise our rights:

·    to self-determination and self-management, including the freedom to pursue our own economic, social, religious and cultural development;

·    to permanent control and enjoyment of our ancestral lands;

·    to compensation for the loss of use of our lands, there having been no extinction of original title;

·    to protection of and control of access to our sacred sites, sacred objects, artefacts, designs, knowledge and works of art;

·    to the return of the remains of our ancestors for burial in accordance with our traditions;

·    to respect for and promotion of our Aboriginal identity, including the cultural, linguistic, religious and historical aspects, and including the right to be educated in our own languages and in our own culture and history;

·    in accordance with the universal declaration of human rights, the international covenant on economic, social and cultural rights, the international covenant on civil and political rights, and the international convention on the elimination of all forms of racial discrimination, rights to life, liberty, security of person, food, clothing, housing, medical care, education and employment opportunities, necessary social services and other basic rights.

We call on the Commonwealth to pass laws providing:

·    A national elected Aboriginal and Islander organisation to oversee Aboriginal and Islander affairs;

·    A national system of land rights;

·    A police and justice system which recognises our customary laws and frees us from discrimination and any activity which may threaten our identity or security, interfere with our freedom of expression or association, or otherwise prevent our full enjoyment and exercise of universally recognised human rights and fundamental freedoms.

We call on the Australian Government to support Aborigines in the development of an international declaration of principles for indigenous rights, leading to an international covenant.

And we call on the Commonwealth Parliament to negotiate with us a Treaty recognising our prior ownership, continued occupation and sovereignty and affirming our human rights and freedom.

 

The call for the Commonwealth Parliament to negotiate a national treaty has yet to be realised.   However, thirty years later, the Aboriginal Land Councils remain fully committed to the goals and aspirations articulated in the Barunga Statement.

 

The NTG, for the first time in its history, is also committed to commencing discussions on developing a Treaty (or Treaties) in the Northern Territory with Aboriginal Territorians.   It has established an Aboriginal Affairs Sub-Committee of the Northern Territory Cabinet to advance a number of Aboriginal Affairs priorities including a Treaty.

 

The Aboriginal Land Councils wrote to the Chief Minister of the Northern Territory on 2 March 2018 proposing to reach an MOU with the NTG outlining a consultation process for a Treaty with Aboriginal people that is led by Aboriginal people.

 

At an historic meeting between the Aboriginal Land Councils and the NTG on 23 March 2018 in Alice Springs it was agreed to establish a Treaty Working Group to develop the MOU.

 

It is intended that this MOU provides the opportunity, building on the significance of the 30th anniversary of the Barunga Statement, to facilitate consultation with all Aboriginal people in the Northern Territory to allow for a framework to be agreed for negotiating a Treaty.

 

Subject to the Northern Territory (Self-Government) Act 1978, the Legislative Assembly has power, with the assent of the Administrator or the Governor‑General to make laws for the peace, order and good government of the Territory.

 

It is acknowledged that there is a range of Aboriginal interests in the Northern Territory and that all Aboriginal people and their representative bodies must have the opportunity to engage fully in the process agreed to in this MOU.

It is further acknowledged that non-Aboriginal Territorians need to be brought along with this process.

 

It is understood that the use of the word Treaty in this MOU also includes the plural “Treaties” should the proposed framework include provision for negotiating multiple treaties.

 

IT IS AGREED BY THE NORTHERN LAND COUNCIL, THE CENTRAL LAND COUNCIL, THE ANINDILYAKWA LAND COUNCIL AND THE TIWI LAND COUNCIL and THE NORTHERN TERRITORY GOVERNMENT as follows:

PRINCIPLES GUIDING THE TREATY CONSULTATION PROCESS

1.    It is envisaged that should a Treaty ultimately be negotiated, it will be the foundation of lasting reconciliation between the First Nations of the Territory and other citizens with the object of achieving a united Northern Territory.

2.    All Aboriginal people of the Northern Territory need to be heard and the consultation process agreed to in this MOU needs to be inclusive, accessible and transparent to all.

3.    Traditional owners, as the original owners and occupiers of the Northern Territory, and represented by the Aboriginal Land Councils, are integral to consultation concerning a Treaty.

4.    All Territorians should ultimately benefit from any Treaty that is agreed in the Northern Territory.

5.    The NTG must not exclude from discussions any legitimate issue raised by the Parties or other Aboriginal people for inclusion in a Treaty while the consultation process agreed to in this MOU is underway.

6.    It is agreed that:

a)    Aboriginal people, the First Nations, were the prior owners and occupiers of the land, seas and waters that are now called the Northern Territory of Australia.

b)    The First Nations of the Northern Territory were self-governing in accordance with their traditional laws and customs; and that

c)    First Nations peoples of the Northern Territory never ceded sovereignty of their lands, seas and waters.

7.    It is also agreed there has been deep injustice done to the Aboriginal people of the Northern Territory, including violent dispossession, the repression of their languages and cultures, and the forcible removal of children from their families, which have left a legacy of trauma, and loss that needs to be addressed and healed.

8.    The Treaty must provide for substantive outcomes and honour the Articles of the United Nations Declaration on the Rights of Indigenous Peoples.

9.    Recognising that a treaty is of much wider significance than a normal agreement between the State and Indigenous peoples, it is also recognised that Treaty making involves the acceptance of responsibilities and obligations by all parties;

10. The Treaty should aim to achieve successful co-existence between all Territorians that starts with ‘truth telling’ which involves hearing about, acknowledging and understanding the consequences of the Northern Territory’s history.

OBJECTIVES OF THE MEMORANDUM OF UNDERSTANDING:

 

The objective of this MOU is to agree about and to implement a consultation process to be led by an independent Treaty Commissioner, which will inform the development of an agreed framework to negotiate a Northern Territory Treaty.

 

This framework may focus on, but not be limited to, the following areas:

·     Agreement as to what a treaty is and its potential contents;

·     What a Northern Territory treaty will seek to achieve;

·     Whether there should be one or multiple treaties;

·     What outcomes are possible under a Treaty for Aboriginal people that encompass recognition as First Nations, rights, obligations and opportunities; and

·     What the best process is for negotiating a Treaty.

The key objective of any Treaty in the Northern Territory must be to achieve real change and substantive, long term, benefits for Aboriginal people.   A Treaty needs to address structural barriers to the wellbeing of Aboriginal people in the Northern Territory and provide for economic, social and cultural benefits.

 

APPOINTMENT OF AN INDEPENDENT TREATY COMMISSIONER

 

The NTG will appoint an independent Aboriginal person as Treaty Commissioner. The appointment, role and functions of the Treaty Commissioner will be enacted in legislation, the contents of which shall be agreed by the parties.

 

In the interim the Chief Minister shall appoint the Treaty Commissioner to consult, inquire, report and make recommendations in accordance with Terms of Reference agreed by the parties. The Terms of Reference shall outline, in accordance with this MOU, the role, responsibilities, outputs, reporting requirements, term of appointment and qualifications of the Treaty Commissioner.

 

The role and functions are to include:

 

1. Consultation with all Aboriginal people and their representative bodies in the Northern Territory about their support for a Treaty and on a suitable framework to further Treaty negotiations with the NTG;

 

2. Providing a public report to the Chief Minister on the outcomes of the consultation process and a proposed framework for Treaty negotiations; and

 

3. Facilitating conversations for a possible Treaty framework process between the NTG, Aboriginal Land Councils and other Aboriginal representative bodies, and community groups.

 

The Treaty Commissioner will be independent of the NTG and Aboriginal Land Councils. The reasonable costs of a Treaty Commissioner to perform the roles and functions and achieve the objectives listed in this agreement, will be paid for by the NTG.

 

CONSULTATION PROCESS

The Treaty Commissioner will devise and implement an Aboriginal-led consultation program after discussions with the Treaty Working Group. That program will have two stages and include:

 

·     In the first stage (to take no more than 12 months), advising and sharing information and ideas about different experiences nationally and internationally and models of what a Treaty could be with Aboriginal Territorians;

·     Explanations of the legal context of a Northern Territory Treaty;

· Initial consultations to determine the level of interest in a Treaty amongst Aboriginal Territorians and the provision of an interim report by the Treaty Commissioner to the Chief Minister to be tabled in the Legislative Assembly;

·     At the start of the second stage, release of a public Discussion Paper to help facilitate informed discussions among Aboriginal people that are focussed on reaching a consensus on particular positions with respect to a Treaty;

·     Translating the Discussion Paper into the major Aboriginal languages in the Northern Territory (including audio translations) by the Northern Territory Aboriginal Interpreter Service;

·     Multiple methods for Aboriginal Territorians to give feedback;

·     Consultations will follow a structured and principled process utilising an identical agenda for consistency across locations;

· Land councils will provide advice to the Treaty Commissioner on locations for regional and remote consultations taking into account small, medium and large communities and homelands; and

·     A final report on outcomes of consultations about a possible Treaty and proposing a framework for a Treaty to proceed. The report is to be provided to the Chief Minister within 18 months of the conclusion of the first stage, tabled in the Northern Territory Legislative Assembly and shall be publicly released by the Chief Minister within 21 days of its receipt.

Coordination and Support

 

The NTG and the Land Councils will cooperate to support the consultation process to be undertaken by the Treaty Commissioner in regional and remote locations.

 

The Parties will work together with the Treaty Commissioner to establish consultation protocols for Treaty matters. This will include ensuring the ongoing cooperation of all Parties in consultations across the Northern Territory and the provision of consistent information. Respective parties will also keep the Treaty Commissioner informed of any discussions concerning a Treaty to enable all Aboriginal voices to be heard by the Commissioner.

TREATY WORKING GROUP

The Northern Territory Treaty Working Group membership will continue to comprise senior representatives of the NTG and Aboriginal Land Councils.   However, by agreement, after the signing of the MOU, its membership will be reviewed and opened up to other Aboriginal representative bodies and community groups in the Northern Territory to also participate.

 

After the appointment of the Treaty Commissioner the continuation and terms of reference for the Treaty Working Group will be further reviewed.

 

RELATED MATTERS

Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples

 

At the time this MOU is being signed, the Commonwealth Parliament has established a Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples 2018.

 

This follows a constitutional convention on 23-26 May 2017 that brought together over 250 Aboriginal and Torres Strait Islander leaders at the foot of Uluru in the Northern Territory on the lands of the Aṉangu people.   The majority resolved, in the ‘Uluru Statement from the Heart’, to call for the establishment of a ‘First Nations Voice’ in the Australian Constitution and a ‘Makarrata Commission’ to supervise a process of ‘agreement-making’ and ‘truth-telling’ between governments and Aboriginal and Torres Strait Islander peoples.

 

The NTG and Aboriginal Land Councils agree to contribute to the deliberations of the Joint Select Committee and hope that it will be possible to achieve constitutional recognition that also includes a Commonwealth treaty making process.

 

Negotiating a Northern Territory Treaty does not remove the need for a Treaty at a national level, accompanied by ‘truth telling’ or a voice to the Parliament.

A Northern Territory Treaty cannot address all the consequences of the British taking control of the land, seas and waters of the Northern Territory and its legacy of injustice. A Federal treaty process is a crucial next step in our journey as a nation.

 

STATUS OF THE MEMORANDUM OF UNDERSTANDING

The Parties do not intend any of the provisions of this Agreement to be legally enforceable. However, that does not lessen the commitment of the Parties to fully implementing the Agreement in a transparent, consultative and accountable manner.

 

To facilitate this, it is agreed by the Parties that the Agreement will be published immediately on the websites of the Parties once it is signed and tabled in the Legislative Assembly as soon as possible and that quarterly updates will be made publicly available by the Treaty Commissioner.

 

TIMEFRAME, MODIFICATION AND TERMINATION

The term of this MOU is for a period of three years, starting on 8 June 2018, unless otherwise extended or terminated.

 

Any modification or extension of this Memorandum must be in writing and signed by all parties.

 

It is not intended that any party will seek to withdraw from this Memorandum.   However, should they contemplate doing so, it is agreed that this should be a last resort because one or more parties are unable to resolve their concerns and only after consulting with all other parties and doing their utmost to settle differences in the interests of all Territorians.

 

EXECUTED AS A MEMORANDUM on this eighth (8th) day of June 2018 at Barunga, Northern Territory.

 

----------------------------------------------

The Honourable Michael Gunner MLA Chief Minister of the Northern Territory for and on behalf of the Northern Territory of Australia

 

--------------------------------------------

Chair of Northern Land Council

 

--------------------------------------------

Chair of Central Land Council

 

--------------------------------------------

Chair of Anindilyakwa Land Council

 

--------------------------------------------

Chair of Tiwi Land Council

        ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Treaty Commissioner Act 2020 (Act No. 24, 2020)
Assent date	10 July 2020
Commenced	11 July 2020 (s 2)