PART B

This Framework provides an opportunity for all First Peoples to realise rights so that no one is left behind.

The Aboriginal Representative Body, representing First Peoples, has proposed and negotiated the processes required to enter into Traditional Owner Treaty negotiations, in an effort to restore the rightful place of the Cultural Authority of Traditional Owners.

Traditional Owner Groups with Existing Status will have their current rights respected and so will automatically be able to participate in the formation of a First Peoples' Treaty Delegation to

negotiate a Treaty in relation to the Country over which they have Existing Status. The door is also open for Traditional Owner Groups without Existing Status to meet the Minimum Standards and participate in the formation of a First Peoples' Treaty Delegation to negotiate a Treaty.

This approach supports the right to self-determination of Traditional Owners to decide how to come together politically and make collective decisions. It also ensures the hard-won rights secured by Traditional Owners are not diminished, while acknowledging that not all Traditional Owners have been able, or wanted, to engage with existing processes under the Traditional Owner Settlement Act 2010 (Vic), the Aboriginal Heritage Act 2006 (Vic) and the Native Title Act 1993 (Cth).

Traditional Owners will work together to form a First Peoples' Treaty Delegation, as guided by the principle of inclusivity, to conduct Treaty negotiations as a collective. The State will step back so that Traditional Owners self-determine their participation in Treaty negotiations in accordance with this Framework.

In this Part, all references to Treaty or Treaties are to Traditional Owner Treaties.

7 Primary Negotiating Parties

7.1 Primary Negotiating Parties

(a) The Primary Negotiating Parties in relation to a Treaty will be:

(i) the State, as entered onto the Negotiations Database in accordance with clause 14.4; and
(ii) a First Peoples' Treaty Delegation (Delegation), as entered onto the Negotiations Database in accordance with clause 11.

(b) There will be a single Delegation to represent all Traditional Owners of Country for a single Treaty (being the Traditional Owners of the area of land and waters identified at clause 10.3(d)(i)).

7.2 Requirements to enter into Traditional Owner Treaty negotiations

(a) To enter into negotiations for a Treaty, a Delegation must be formed.

(b) The steps for forming a Delegation are:

(i) a Traditional Owner Group(s) satisfies the Minimum Standards, in accordance with clause 8;
(ii) a Traditional Owner Group(s) is entered onto the Negotiations Database, in accordance with clause 9;
(iii) a Traditional Owner Group(s) forms a First Peoples' Treaty Delegation in accordance with clause 10; and
(iv) a First Peoples' Treaty Delegation is entered onto the Negotiations Database in accordance with clause 11.

(c) Once a Delegation is entered onto the Negotiations Database, the following must occur before negotiations for a Treaty can begin:

(i) the Treaty Authority invites the State to begin negotiations for a Treaty, in accordance with clause 12;
(ii) the State accepts the invitation to begin negotiations, in accordance with clause 12;
(iii) the State complies with the Minimum Standards, in accordance with clause 13; and
(iv) the Treaty Authority enters the State onto the Negotiations Database, in accordance with clause 14.

(d) Once the State is entered onto the Negotiations Database, negotiations for a Treaty are considered to have begun.

8 Minimum standards – Traditional Owner Groups

8.1 All Traditional Owner Groups must meet the Minimum Standards

All Traditional Owner Groups (Group) seeking to enter into Treaty negotiations must:

(a) satisfy the Minimum Standards at clause 8.3; and

(b) record a decision of the Group to enter into Treaty negotiations.

8.2 Traditional Owner Group with Existing Status

The following entities are Traditional Owner Groups with Existing Status for an area of land and waters:

(a) in relation to land and waters within the boundaries of an area in which there has been a determination that native title exists, a registered native title body corporate within the meaning of the Native Title Act 1993 (Cth);

(b) in relation to land and waters within the boundaries of the area the subject of a recognition and settlement agreement within the meaning of the Traditional Owner Settlement Act 2010 (Vic), a traditional owner group entity within the meaning of that Act that has entered into a recognition and settlement agreement; and

(c) for the area for which it is registered under that Aboriginal Heritage Act 2006 (Vic), a registered Aboriginal party, within the meaning of that Act.

8.3 Minimum Standards

(a) In relation to Land and Waters, the Group must identify its Country, by description and map, being the area of land and waters over which the Group intends to negotiate a Treaty.

(b) In relation to Community, the Group must identify:

(i) the name of the Group, including how it identifies collectively, and a list of members (if any);
(ii) how the Group’s members are Traditional Owners in connection to the Country identified at clause 8.3(a); and
(iii) the governance structure by which the Group is constituted, whether by incorporation, co-operative, partnership or other self-determined method.

(i) identify the process by which representatives will be chosen to participate in the Treaty negotiations, noting those persons may change during the Treaty negotiations;
(ii) ensure those persons have the appropriate authority to negotiate a Treaty; and
(iii) identify the decision-making processes by which the Group makes decisions in respect of Treaty negotiations (or such decisions as the Group considers require Group decision-making).

(d) In relation to Inclusivity, the Group must identify its processes in place to:

(i) ensure the Group is inclusive of all members of the Group;
(ii) uphold Cultural Authority;
(iii) educate its members regarding Treaty negotiations;
(iv) consult with its members regarding Treaty negotiations;
(v) make reasonable efforts to seek the views, during Treaty negotiations, of First Peoples who are not Group members, but who have a contemporary, historical, social, or spiritual attachment to the land and waters identified at clause 8.3(a); and
(vi) seek the Collective Support of its members to the outcomes of Treaty negotiations, including Interim Agreements.

8.4 Satisfaction of Minimum Standards

(a) A Traditional Owner Group with Existing Status for an area of land and waters will automatically satisfy the Minimum Standards in clause 8.3 to enter into Treaty negotiations in relation to the Country over which they have Existing Status, upon notification to the Treaty Authority of the matters in clause 9.1(c).

(b) A Traditional Owner Group without Existing Status for an area of land and waters in relation to which it seeks to enter into Treaty negotiations must satisfy the Minimum Standards in clause 8.3.

(c) In accordance with the principle of self-determination and empowerment underpinning the Minimum Standards, whether a Traditional Owner Group without Existing Status for an area of land and waters satisfies the Minimum Standards in respect of that area is a matter for the satisfaction of that Group, subject to clause 9.3.

(d) The Treaty Authority may provide general guidance on how a Traditional Owner Group without Existing Status for an area of land and waters satisfies the Minimum Standards.

(e) If requested by a Traditional Owner Group without Existing Status for an area of land and waters, the Treaty Authority can provide specific guidance to the Group on satisfying the Minimum Standards, including any support or steps that might be needed in order to ensure satisfaction of the Minimum Standards.

(f) A Traditional Owner Group may satisfy the Minimum Standards for an area, even if negotiations for a Treaty over some or all of that land and waters have already commenced.

(g) Once negotiations commence for a Traditional Owner Treaty with respect to a particular area of land and waters, any Traditional Owner Group that is subsequently entered onto the Negotiations Database under clause 9.2 with respect to that area or any part of it, may only enter into Treaty negotiations for that area if they become part of a reconstituted First Peoples’ Treaty Delegation for that Traditional Owner Treaty.

9 Entry of a Traditional Owner Group onto the Negotiations Database

9.1 Notification of satisfaction of Minimum Standards

(a) To be entered onto the Negotiations Database, a Traditional Owner Group must provide a notification to the Treaty Authority.

(b) The Treaty Authority will determine the manner and form of this notification, subject to clause 9.1(c) and (d).

(i) how the Group automatically satisfies the Minimum Standards under clause 8.4(a);
(ii) identification of the land and waters over which the Group has Existing Status and in respect of which it intends to negotiate a Treaty;
(iii) a description of how the Group identifies collectively (for example, describing the family, clan or language group/s which the Group comprises);
(iv) evidence of the Group’s decision-making processes (such as a rule book);
(v) confirmation that the Group has recorded its decision to enter into Treaty negotiations in accordance with its decision-making processes under clause 9.1(c)(iv);
(vi) the contact details for its representatives who have been authorised in accordance with its decision-making processes under clause 9.1(c)(iv); and
(vii) where requested by the Treaty Authority, additional existing materials utilised in obtaining its Existing Status.

(d) For a Traditional Owner Group without Existing Status, the notification must include:

(i) how the Group satisfies the Minimum Standards at clause 8.3;
(ii) a description of how the Group identifies collectively (for example, describing the family, clan or language group/s which the Group comprises);
(iii) confirmation that the Group has recorded its decision to enter into Treaty negotiations in accordance with its decision-making processes under clause 8.3(c)(iii);
(iv) the contact details for its representatives, who have been authorised in accordance with its decision-making processes under clause 8.3(c)(iii); and
(v) where requested by the Treaty Authority, additional existing materials which support the Group’s identity and interest in land and waters identified in clause 8.3(a).

(e) The Treaty Authority may provide general guidance to a Traditional Owner Group in relation to providing a notification under this clause.

(f) If requested by a Traditional Owner Group, the Treaty Authority can provide specific guidance to the Group on providing a notification under this clause, including providing support in relation to steps that might be needed in order to ensure the notification satisfies the requirements under this clause.

9.2 Entry onto the Negotiations Database

(a) Subject to clause 9.3, on receipt of a notification under clause 9.1, the Treaty Authority must enter the Traditional Owner Group on the Negotiations Database, without independently assessing the Group’s satisfaction of the Minimum Standards.

(b) The Treaty Authority will determine the manner and form of the Negotiations Database entry for Traditional Owner Groups, subject to clause 4.5(f).

9.3 When entry onto the Negotiations Database can be refused, removed, or amended

(a) If the Treaty Authority considers a notification by a Traditional Owner Group under clause 9.1 is incomplete or spurious, the Treaty Authority:

(i) must first request further information from the Group or provide an opportunity for clarification or correction of the notification, within a specified period; and
(ii) may, after receipt of further information in response to a request, or after the expiry of the specified period, refuse to enter a Group onto the Negotiations Database.

(b) The Treaty Authority can only remove a Traditional Owner Group from the Negotiations Database if:

(i) the Group requests its removal; or
(ii) as a matter of last resort, the Treaty Authority determines the Group should be removed from the Negotiations Database as part of resolution of a dispute in accordance with Part I.

(i) that Group requests the amendment; or
(ii) as a matter of last resort, the Treaty Authority determines the entry should be amended as part of resolution of a dispute in accordance with Part I.

9.4 Notification of entry onto the Negotiations Database

(a) The Treaty Authority will determine how a Traditional Owner Group’s entry onto the Negotiations Database is notified publicly, taking into account the need for First Peoples to be made aware of the entry.

(b) Notwithstanding the above, the Treaty Authority must notify the State to enable the State to begin preparations towards complying with the Minimum Standards that apply to it, as set out in clause 13.

10 Formation of a First Peoples' Treaty Delegation

A First Peoples' Treaty Delegation is intended to be a flexible, inclusive and unified mechanism to enable Traditional Owners to collectively negotiate in respect of an area of land and waters. Accordingly, the Traditional Owner Groups that constitute a Delegation (if more than one) may change, through a process of reconstitution.

The formation or reconstitution of a Delegation will be supported by the Treaty Authority, which is culturally accountable to First Peoples. The State has no role to play in the formation or reconstitution of a Delegation (except in limited circumstances, where the State’s early dialogue is requested by a Traditional Owner Group). The State acknowledges that Traditional Owners have viewed the State’s involvement in previous negotiation and recognition processes negatively, and the importance of ensuring the formation and reconstitution of a Delegation is free from State interference.

The Delegation approach requires flexibility to accommodate the different ways Traditional Owner Groups organise themselves and wish to be represented. It provides the space for First Peoples to restore Cultural Authority to its rightful place and reclaim dispute resolution and agreement-making, which otherwise has been subject to the involvement of the State and non-Aboriginal entities and, in the view of Traditional Owners, often disregarded Aboriginal Lore, Law and Cultural Authority.

For some Traditional Owner Groups, forming their Delegation may take time as they work through the ongoing impacts of colonisation and dispossession. However, the Delegation approach of inclusion, unity and facilitating culturally authorised agreement-making is preferred to support the cultural healing required and lead to enduring and self-determined Treaty processes and agreements.

10.1 Overall – formation of a First Peoples' Treaty Delegation

(a) As outlined at clause 7.1(b), there will be a single Delegation to represent all Traditional Owners of Country for a single Treaty (being the Traditional Owners of the land and waters identified at clause 10.3(d)(i)).

(b) Where there is only one Traditional Owner Group entered onto the Negotiations Database in respect of a particular area of land and waters, that Traditional Owner Group must still form a Delegation to begin Treaty negotiations over that area of land and waters.

(c) Nothing in this Framework limits a Traditional Owner Group from entering more than one Delegation for different parts of the land and waters identified as its Country in accordance with clauses 8.3(a) or 9.1(c)(ii).

(d) A Delegation may be reconstituted in accordance with clause 10.5 from time to time.

(e) The Treaty Authority will facilitate and oversee the formation and reconstitution of a Delegation, including:

(i) supporting Traditional Owners with information and guidance on the formation or reconstitution process;
(ii) advising on reasonable timeframes for the formation or reconstitution process;
(iii) where requested by a Traditional Owner Group:
- (A) facilitating discussions and agreement-making;
- (B) advising on effective governance structures; and
- (C) engaging the State to seek early dialogue regarding the matters under consideration during a Delegation’s formation or reconstitution; and
(iv) as a matter of last resort, resolving disputes in accordance with Part I.

(f) For the avoidance of doubt, other than receiving a notification under clause 10.2(d)(i)(A) or engaging in early dialogue facilitated by the Treaty Authority in response to a request under clause 10.1(e)(iii)(C), the State will play no part in and have no input in the formation or reconstitution of a Delegation.

10.2 Notification of formation of a Delegation

(a) To begin formation of a Delegation, a Traditional Owner Group must notify the Treaty Authority of its intention to form a Delegation for a Treaty in respect of land and waters described in the notice.

(b) A notification under this clause may be made simultaneously with a Traditional Owner Group’s notification under clause 9.1.

(d) On receipt of the notification under this clause the Treaty Authority, in the manner determined by it, must:

(i) give notice to:
- (A) the State; and
- (B) any Traditional Owner Group entered onto the Negotiations Database for any of the same Country identified in the notification; and
(ii) issue a public notice, taking into account the need for First Peoples to be made aware of the entry; of the Traditional Owner Group’s notification and that the process of self-determined collective agreement-making to form a Delegation as outlined in clause 10.3 will begin after a one-month period.

10.3 Collective agreement to form a Delegation

(a) Following the one-month period under clause 10.2(d), the Traditional Owner Group that notified the Treaty Authority under clause 10.2(a) must confirm the land and waters over which the Delegation will negotiate a Treaty. The land and waters confirmed under this clause must only include land and waters that were included in the notification in clause 10.2(a), but for the avoidance of doubt need not include all of the land and waters included in that notification.

(b) The Traditional Owner Groups on the Negotiations Database for any of the land and waters confirmed under this clause (Relevant Groups) must reach collective agreement on the Delegation, unless the Treaty Authority considers that such collective agreement is not necessary in accordance with the dispute resolution process under Part I.

(c) The Treaty Authority must advise the Relevant Groups of a reasonable timeframe in which collective agreement can be reached by the Delegation. The timeframe:

(i) should be flexible and facilitate collective agreement among the Relevant Groups; and
(ii) without limiting clause 11.4, should allow sufficient time for:
- (A) other Traditional Owner Groups to be entered onto the Negotiations Database for any of the land and waters identified in the notification at clause 10.2(a) or to raise a dispute in accordance with Part I in relation to the formation of the Delegation; and
- (B) First Peoples that the Delegation is representing to raise a dispute in accordance with the dispute resolution process under Part I in relation to the formation of the Delegation.

(d) The Delegation must, subject to clause 11.4, demonstrate collective agreement of all Relevant Groups to:

(i) the Country, being the area of land and waters over which the Delegation will negotiate a Treaty;
(ii) any subject matters which may not be discussed in the Treaty negotiations, or may only be discussed in a particular manner or subject to particular restrictions;
(iii) leadership arrangements for the Delegation for Treaty negotiations, including:
- (A) processes in place to choose representatives who have the appropriate authority to negotiate a Traditional Owner Treaty on behalf of the Delegation (Negotiators);
- (B) the Negotiators chosen in accordance with those processes;
- (C) decision-making processes in place by which the Delegation makes decisions in respect of Treaty negotiations (and which decisions, if any, the Delegation considers require collective decision- making); and
- (D) the Delegation’s decision to enter into Treaty negotiations, in accordance with those processes;
(iv) inclusivity arrangements for the Delegation for Treaty negotiations, including processes in place to:
- (A) be inclusive of all Traditional Owners of the land and waters identified at clause 10.3(d)(i);
- (B) uphold Cultural Authority;
- (C) educate its constituent Traditional Owner Group’s members regarding Treaty negotiations;
- (D) consult with its constituent Traditional Owner Group’s members regarding Treaty negotiations;
- (E) make reasonable efforts to seek the views, during the Treaty negotiations, of First Peoples who are not constituent Traditional Owner Group members, but who have a contemporary, historical, social, or spiritual attachment to the Country identified at clause 10.3(d)(i); and
- (F) seek the Collective Support of constituent Traditional Owner Group members to the outcomes of Treaty negotiations, including Interim Agreements.

(e) The Traditional Owner Groups seeking to form a Delegation must ensure the collective agreement reached under clause 10.3(d):

(i) does not overlap with land and waters over which another Delegation entered onto the Negotiations Database in accordance with clause 11.2 intends to negotiate a Treaty;
(ii) does not include limitations on existing rights held by a Traditional Owner Group with Existing Status as subject matter unless the relevant Traditional Owner Group with Existing Status forms part of the Delegation; and
(iii) reflects that Treaties are nation-to-nation agreements.

(f) Before providing a notification under clause 11.1(a) of collective agreement being reached, the Traditional Owner Groups seeking to form a Delegation must ensure that:

(i) all disputes raised in accordance with Part I in relation to the formation of the Delegation are resolved; and
(ii) the timeframe advised by the Treaty Authority under this clause has passed.

10.4 Delegation’s satisfaction of the collective agreement requirements

In accordance with the principle of self-determination and empowerment underpinning the formation and reconstitution of a Delegation, whether a Delegation satisfies the requirements for collective agreement under clause 10.3 is a matter for that Delegation to determine, subject to clause 11.3 and 11.4.

10.5 Reconstituting a Delegation

A central feature of a Delegation is that it is living and dynamic and may change even after Treaty negotiations have commenced. The process in this clause supports a living Delegation to secure its foundation in self-determination and collective agreement.

(a) If a Traditional Owner Group is entered onto the Negotiations Database in accordance with clause 9 for any part of the area of land and waters over which a Delegation has already been entered onto the Negotiations Database under clause 11 then:

(i) in addition to the notification required under clause 9.4, the Treaty Authority must notify the relevant Delegation; and
(ii) the relevant Delegation must either:
- (A) elect to reconstitute in accordance with this clause; or
- (B) raise a dispute in accordance with Part I in relation to the reconstitution of the Delegation.

(b) The process for the formation of a Delegation outlined in clause 10 will apply to the reconstitution of a Delegation, as if that clause refers to reconstitution rather than formation of a Delegation.

(c) During reconstitution of a Delegation, the Primary Negotiating Parties for the Treaty and the Treaty Authority should continue negotiations in accordance with Part E.

(d) For the avoidance of doubt, after reaching collective agreement to reconstitute in accordance with clauses 10.3, 10.4 and 10.5(b), the Delegation must give notice of its reconstitution under clause 11.1, whether or not it has previously given notification under clause 11.1, and the Treaty Authority must perform its duties under clause 11 again in respect of that notice.

10.6 Minor amendments to the collective agreement for a Delegation

(a) During negotiations for a Treaty, a Delegation may make minor amendments to its collective agreement reached at clause 10.3.

(b) The Delegation will first determine whether an amendment is of a minor character and falls within this clause. An example of a minor amendment is a change of Negotiator.

(c) A dispute as to whether an amendment is of a minor character can be raised with the Treaty Authority under Part I. The Treaty Authority may determine whether the amendment is of a minor character.

(d) Any amendments made under this clause must be notified to the Treaty Authority and recorded on the Negotiations Database in accordance with clause 11.

11 Entry of a Delegation onto the Negotiations Database

11.1 A Delegation’s notification of formation or reconstitution

(a) To be entered onto the Negotiations Database, a Delegation must provide a notification to the Treaty Authority of its formation or reconstitution.

(b) The Treaty Authority will determine the manner and form of a notification under this clause, subject to clause 11.1(c).

(i) a description of how the Group or Groups in the Delegation identify collectively (for example, describing the family, clan or language group/s which the Group comprises);
(ii) details as to its collective agreement on the matters provided in clause 10.3; and
(iii) the contact details for its Negotiators to negotiate a Treaty.

11.2 A Delegation’s entry onto the Negotiations Database

(a) On receipt of a notification under clause 11.1(a) the Treaty Authority must, subject to clause 11.3(a) and 11.4, enter that Delegation onto the Negotiations Database without independently assessing whether the Delegation has met the requirements for collective agreement provided for in clause 10.3.

(b) The Treaty Authority will determine the manner and form of the Negotiations Database entry for Delegations, subject to clause 4.5(f).

11.3 When entry onto the Negotiations Database can be refused, removed or amended

(a) The Treaty Authority can refuse to enter a Delegation onto the Negotiations Database where:

(i) a Traditional Owner Group with a pending entry on the Negotiations Database, of which the Treaty Authority is aware, over any of the same area of Country in respect of which the Delegation intends to negotiate a Treaty, has not been afforded an opportunity to be entered onto the Negotiations Database; or

(ii) disputes raised in accordance with Part I in relation to the formation or reconstitution of the Delegation have not been resolved.

(b) If the Treaty Authority considers a notification by a Delegation under clause 11.1 to be incomplete or spurious, it:

(i) must request further information from the Delegation 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 enter a Delegation onto the Negotiations Database.

(i) that Delegation requests its removal; or
(ii) as a matter of last resort, the Treaty Authority determines a Delegation should be removed from the Negotiations Database as part of resolution of a dispute in accordance with Part I.

(d) The Treaty Authority can only amend an entry regarding a Delegation on the Negotiations Database if:

(i) that Delegation requests the amendment; or
(ii) as a matter of last resort, the Treaty Authority determines the entry should be amended as part of resolution of a dispute in accordance with Part I.

11.4 When entry onto the Negotiations Database can be accepted, without collective agreement of all Relevant Groups

The Treaty Authority can enter a Delegation onto the Negotiations Database under clause 11.2 without the collective agreement of all Relevant Groups as required under clause 10.3, if:

(a) the dispute resolution process under Part I was commenced with respect to the formation or reconstitution of a Delegation; and

(b) as a matter of last resort, the Treaty Authority determines that the collective agreement of one or more Traditional Owner Groups is sufficient to meet the threshold of collective agreement under clause 10.3.

11.5 Notification of entry onto the Negotiations Database

(a) The Treaty Authority will determine how a Delegation’s entry onto the Negotiations Database is notified publicly, taking into account the need for First Peoples to be made aware of the entry.

(b) Notwithstanding the above, the Treaty Authority must notify the State to enable the State to continue preparations towards complying with its Minimum Standards in clause 13.

12 Inviting the State to begin Treaty Negotiations

12.1 Delegation requests State invitation

(a) To begin negotiations for a Treaty, a Delegation must notify the Treaty Authority that it wishes to invite the State to begin a Treaty negotiation in accordance with its collective agreement identified at clause 11.1(c).

(b) Nothing prevents a notification under this clause being made simultaneously with a Delegation’s notification of its formation under clause 11.1.

12.2 Treaty Authority issues invitation to State to begin negotiations

(a) On receipt of the notification in clause 12.1, the Treaty Authority, in the manner determined by it, must invite the State to begin a Treaty negotiation with the Delegation.

(b) The invitation by the Treaty Authority, except as provided for by this clause, must include the Treaty Authority’s express confirmation that:

(i) the Treaty Authority has informed parties and issued a public notice in accordance with clause 10.2(d) regarding the formation or reconstitution of a Delegation; and
(ii) the collective agreement to form or reconstitute the Delegation took place in accordance with clause 10.3, including that it:
- (A) occurred within the reasonable timeframe as advised by the Treaty Authority in clause 10.3(c); and
- (B) all outstanding disputes or pending entries to the Negotiations Database were handled under the dispute resolution process under Part I, in accordance with clause 10.3(c) prior to formation of the Delegation.

(i) does not prevent or limit the institution of new disputes or new entries on the Negotiations Database; and
(ii) is subject to any future reconstitution or amendments to the Delegation and its collective agreements in accordance with clause 10.5 or 10.6.

(d) If the Treaty Authority cannot provide confirmation to the State as required by this clause, it must advise the State the reasons why confirmation cannot be given.

(e) Where the Treaty Authority acts in accordance with clause 12.2(d), it may nonetheless still invite the State to begin a Treaty negotiation.

(f) The invitation to the State is not invalidated because of any irregularity (whether procedural or substantive) or any accidental omission in the formation or reconstitution of a Delegation or the Treaty Authority’s confirmation provided under this clause.

12.3 State accepts invitation to a Treaty negotiation

(a) To enter into the Treaty negotiation, the State must accept the invitation issued by the Treaty Authority in clause 12.2.

(b) Except where:

(i) the State considers public authorities cannot comply with their obligations under the Charter of Human Rights and Responsibilities Act 2006 (Vic); or
(ii) the land and waters in respect of which a Delegation intends to negotiate a Treaty is outside Victorian jurisdiction, and the State has been unsuccessful in securing the relevant jurisdiction’s involvement as an Additional Negotiating Party; or
(iii) the Treaty Authority is unable to confirm those matters set out in clause 12.2(b);
- the State must otherwise respect that the formation of a Delegation has been self-determined by Traditional Owners and accept the invitation to the Treaty Negotiation.

(d) The Treaty Authority can cause the invitation to be publicly available and keep a public record of the length of time between the State’s receipt of that invitation and the commencement of the Treaty negotiation.

(e) Following its acceptance of the invitation to begin a Treaty negotiation, the State must comply with the Minimum Standards in accordance with clause 13 and be entered onto the Negotiations Database in accordance with clause 14 before negotiation begins.

13 The State’s Minimum Standards for a Traditional Owner Treaty

The Parties to the Framework have not assumed the State is ready to negotiate a Treaty, and therefore the State also must meet Minimum Standards to enter into Treaty negotiations. This approach ensures that a commitment from the State is made public and provides certainty to Delegations that the State is ready and willing to commence Treaty negotiations.

13.1 Preparing to meet Minimum Standards

(a) To avoid delays in commencing Treaty negotiations, the State should begin preparations to meet the Minimum Standards when the Treaty Authority notifies the State under clause 9.4(b) that a Traditional Owner Group has been entered onto the Negotiations Database.

(b) Notwithstanding this early preparation, the State’s compliance with the Minimum Standards is required in relation to the particular Traditional Owner Treaty for which it has accepted an invitation in accordance with clause 12.

13.2 Minimum Standards for the State

The State must comply with the following Minimum Standards to enter into a Treaty negotiation:

(a) in relation to Land and Waters, demonstrate its preparedness to negotiate over the entirety of the land and waters identified by the Delegation and referred to in the invitation to the State to join the Traditional Owner Treaty negotiation;

(b) in relation to Community, identify that it represents the people of the State in relation to the land and waters identified;

(i) identify the persons and/or agencies that have been authorised to undertake the Treaty negotiation (Negotiators); and
(ii) identify the decision-making processes in place to authorise decisions for the Treaty negotiation; and

(d) in relation to Inclusivity, identify the processes in place to:

(i) educate and inform departments and State entities about the Treaty negotiation; and
(ii) educate the people of the State about the progress of the Treaty negotiation.

13.3 Additional Preparations for the State

(a) While not Minimum Standards, the State should also make the following Additional Preparations to assist it to enter into negotiations for a Treaty:

(i) in relation to Land and Waters, demonstrate good faith preparations to provide a Delegation with meaningful access to information on the relevant land and waters in the State’s possession, custody or control, consistent with the State’s other legal obligations with respect to that information;
(ii) in relation to Community, as appropriate and achievable in light of the importance of avoiding delays in beginning Treaty negotiations, identify processes in place to allow engagement of key stakeholders in relation to the land and waters over which the Treaty will be negotiated;
(iii) in relation to Leadership, demonstrate its Negotiators have the appropriate expertise and cultural competency to negotiate Treaties compatibly with this Framework’s requirements; and
(iv) in relation to Inclusivity, identify processes in place to enable potential Additional Negotiating Parties, such as the Commonwealth, other State and Territory Governments, or Local Governments, to be invited to join negotiations, where appropriate and agreed to by other Primary Negotiating Parties in accordance with clause 22.

(b) The State must take all reasonable steps to complete the Additional Preparations and avoid any undue delay to the commencement of negotiations by reason of the Additional Preparations being incomplete.

(c) The Delegation can agree that negotiations can commence prior to the Additional Preparations being completed. This agreement will be sought by the Treaty Authority in writing and, if received, recorded on the Negotiations Database.

(d) Even if the Delegation agrees to commence negotiations prior to the Additional Preparations being completed, the State must continue to complete the Additional Preparations.

14 Entry of the State onto the Negotiations Database

14.1 The State’s compliance with Minimum Standards

(a) Noting the historic power imbalance between the State and First Peoples, and the guiding principle of fairness and equality in clause 2.4, the Treaty Authority will assess the State’s compliance with the Minimum Standards at clause 13.2 and fulfillment of the Additional Preparations at clause 13.3.

(b) The Treaty Authority may provide guidance to the State on the Minimum Standards and Additional Preparations, including a reasonable timeframe and any support or steps needed for compliance with the Minimum Standards and fulfillment of the Additional Preparations.

14.2 State notification of compliance with Minimum Standards

(a) To be entered onto the Negotiations Database, the State must provide a notification to the Treaty Authority of its compliance with the Minimum Standards and fulfillment of the Additional Preparations under clause 13.3.

(b) The Treaty Authority will determine the manner and form of this notification, subject to clause 14.2(c).

(i) how it satisfies the Minimum Standards in accordance with clause 13.2;
(ii) how it has fulfilled the Additional Preparations in clause 13.3, unless the relevant Delegation has consented to negotiations commencing prior to the Additional Preparations being completed, in which case the notification must address the extent of the State’s progress in fulfilling the Additional Preparations and its timeline for completion of the Additional Preparations; and
(iii) the contact details for the Negotiators authorised to negotiate the Traditional Owner Treaty.

14.3 Treaty Authority assesses State’s compliance with Minimum Standards

(a) Based upon the notification at clause 14.2, the Treaty Authority will assess the State’s compliance with the Minimum Standards, and fulfillment of the Additional Preparations.

(b) If the Treaty Authority finds that the State has not complied with the Minimum Standards or sufficiently fulfilled or progressed towards fulfillment of the Additional Preparations:

(i) the Treaty Authority will in the first instance engage with the State and the Delegation with the aim of supporting the State’s compliance with the Minimum Standards and/or fulfilment of the Additional Preparations;
(ii) the State should promptly address any issues identified by the Treaty Authority in respect of its compliance with the Minimum Standards and/or fulfillment of the Additional Preparations;
(iii) the Delegation may agree to proceed to negotiations in accordance with clause 13.3(c); and
(iv) a dispute as to the State’s compliance with the Minimum Standards and/or fulfilment of the Additional Preparations may begin in accordance with Part I.

14.4 Treaty Authority enters State onto Negotiations Database

(a) When the Treaty Authority is satisfied that the State has complied with the Minimum Standards and sufficiently progressed its fulfillment of the Additional Preparations to commence negotiations, or the Delegation has agreed to proceed without sufficient fulfilment of the Additional Preparations in accordance with clause 13.3(c), it must enter the State onto the Negotiations Database for the Treaty negotiation.

(b) The Treaty Authority will determine how a State’s entry onto the Negotiations Database is notified publicly in accordance with clause 4.5(f).

(c) Once the State is entered onto the Negotiations Database for a Traditional Owner Treaty, negotiations for that Traditional Owner Treaty have begun.

(d) If the State has not fulfilled all of the Additional Preparations at the time of its entry onto the Negotiations Database and the commencement of Treaty negotiations, the Treaty Authority must update the Negotiations Database once the State has fulfilled the Additional Preparations.

Updated 28 October 2022