Part C of the Framework provides that Statewide Treaty will be negotiated by the Aboriginal Representative Body, as the First Peoples' Representative Body, if confirmed under that Part.
The First Peoples' Representative Body will be the sole representative of First Peoples for the purpose of negotiating Statewide Treaty.
If the Aboriginal Representative Body is not confirmed as the Body under Part C, another entity that satisfies the Minimum Standards and is confirmed as the Body in accordance with the Contingency Process set out in this Schedule, will negotiate Statewide Treaty.
In this Schedule, all references to Treaty or Treaties are to Statewide Treaty, unless otherwise specified.
1 Treaty Authority notifies of commencement of Contingency Process
If the Treaty Authority commences a Contingency Process for identifying the entity that is to be entered onto the Negotiations Database as the Body under clause 18.6 of the Framework:
(a) that process will commence on a date nominated by the Treaty Authority;
(b) the Treaty Authority must give advance notice of that date to the Parties, any Traditional Owner Group entered onto the Negotiations Database and First Peoples (by issue of a public notice); and
(c) that process will be conducted in accordance with clause 2 of this schedule.
2 Entry of other entities onto Negotiations Database
2.1 Notification of Minimum Standards
(a) If the Treaty Authority commences a Contingency Process under clause 18.6 of the Framework, an entity other than the Aboriginal Representative Body has three months from the commencement of the Contingency Process to notify the Treaty Authority that it seeks to be entered onto the Negotiations Database as the Body and that it satisfies the Minimum Standards at clause 16.2 of the Framework.
(b) The Treaty Authority will determine the manner and form of a notification under this clause.
2.2 Preliminary entry onto the Negotiations Database
(a) Subject to clause 2.2(c), on receipt of a notification under clause 2.1(a), the Treaty Authority must make a preliminary entry of that entity onto the Negotiations Database without independently assessing the entity’s satisfaction of the Minimum Standards.
(b) The Treaty Authority will determine the manner and form of the preliminary entry of the entity onto the Negotiations Database under this clause.
(c) If the Treaty Authority considers a notification by an entity under this clause to be incomplete or spurious, it:
- (i) must request further information from the entity or provide an opportunity for clarification or correction of the notification, within a specified period; and
- (ii) may, either after receipt of further information in response to a request, or after the expiry of the specified period, refuse to make a preliminary entry of the entity onto the Negotiations Database.
(d) The Treaty Authority can only remove an entity’s preliminary entry from the Negotiations Database if:
- (i) that entity requests its removal;
- (ii) that entity ceases to exist; or
- (iii) the Treaty Authority makes a determination under clause 2.4(c) to finally enter a different entity onto the Negotiations Database as the Body.
(e) The Treaty Authority can only amend an entity’s preliminary entry on the Negotiations Database if that entity requests the amendment.
2.3 Agreement-making and Consultation and Dispute Periods
(a) If there is a preliminary entry of more than one entity onto the Negotiations Database within three months from the commencement of the Contingency Process, the Treaty Authority will commence a process of discussion and agreement-making between the entities, with a view to securing a voluntary agreement regarding a single entity to be the Body, within one month after the end of the three-month period referred to in clause 2.1(a).
(b) If there is a preliminary entry of one or more entities onto the Negotiations Database after:
- (i) three months from the commencement of the Contingency Process; or
- (ii) if applicable, the period of agreement-making under this clause; the Treaty Authority will issue a public notice of a three-month period (Consultation and Dispute Period) to allow First Peoples to comment and be consulted on whether an entity’s entry on the Negotiations Database should be confirmed under clause 2.4.
(c) The Consultation and Dispute Period will be facilitated by the Treaty Authority and allow for:
- (i) First Peoples' commentary, consultation and input into the Treaty Authority’s decision to confirm the Body under clause 2.4; and
- (ii) the Treaty Authority to attempt to resolve any dispute in accordance with the dispute resolution process under Part I of the Framework.
2.4 Confirmation of the Body
(a) If there is preliminary entry of only a single entity onto the Negotiations Database after:
- (i) three months from the commencement of the Contingency Process under clause 2.1(a);
- (ii) if applicable, the period of agreement-making under clause 2.3(a); and
- (iii) the Consultation and Dispute Period; then the Treaty Authority must finally enter that entity onto the Negotiations Database as the Body.
(b) If, after the Consultation and Dispute Period, there remains preliminary entry of more than one entity on the Database, the Treaty Authority must, as soon as practicable, decide which entity will be the Body, having regard to the Minimum Standards in clause 16.2(b) of the Framework and taking into account:
- (i) commentary, consultation and input raised under clause 2.3(c) by First Peoples, including, in particular, commentary, consultation and input raised by any entity in relation to which there has been a preliminary entry onto the Negotiations Database; and
- (ii) the nature of any unresolved disputes raised by First Peoples under clause 2.3(c).
(c) Following a decision as to the entity that will be the Body under this clause, the Treaty Authority must make a final entry of the Body onto the Negotiations Database.
(d) The Treaty Authority will determine the manner and form of the final entry of the Body onto the Negotiations Database, subject to clause 4.5(f) of the Framework.
(e) The Treaty Authority may request additional information to complete a final entry if it requires information that was not provided at any earlier stage.
(f) Once the Treaty Authority has made a final entry of the Body onto the Negotiations Database under this clause, no further dispute about whether that entity is the Body can be commenced under this Framework, except a dispute in relation to misconduct of the kind referred to in this clause.
(g) A final entry of the Body cannot be removed from the Negotiations Database, except:
- (i) at the Body’s request;
- (ii) if the Body ceases to exist; or
- (iii) if the Treaty Authority decides, following institution of a dispute under Part I, that:
- (A) the Body has committed conduct at a systemic level that brings the Body into disrepute and that is not limited to the conduct of one person;
- (B) as a result, the Body is unable to effectively perform its functions under this Framework; and
- (C) the 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.
(h) Nothing in this clause prevents either Primary Negotiating Party for Statewide Treaty suspending negotiations in accordance with clause 26.6 of the Framework.
2.5 Notification of final entry onto the Negotiations Database
(a) The Treaty Authority will determine how the final entry of an entity as the Body on the Negotiations Database is notified publicly, in accordance with clause 4.5(d) of the Framework.
(b) Notwithstanding the above, the Treaty Authority must notify the State to enable the State to continue preparations towards complying with its Minimum Standards detailed at clause 20 of the Framework.
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