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11. Varying the Governing Documents

In respect of a variation to a Governing Document:

  • a. if clause 11.2 applies, the process in clause 11.2 must be followed; and
  • b. in all other cases, the process in clause 11.1 must be followed.

The State acknowledges that, at the time of entering into this Agreement, the practical application of this clause on the efficient operation of the Self-Determination Fund is yet to be determined.

The State acknowledges the need to periodically review this clause, in accordance with clause 14, particularly having regard to the developing context of Treaty-making.

11.1 Notification
If the Aboriginal Representative Body varies or provides its approval to vary any of the Governing Documents, the variation will not take effect until:

  • a. the Aboriginal Representative Body:
    • i. notifies the State of the variation within 7 days; and
    • ii. invites the State to have good faith discussions within a 30-day period regarding the variation with the Aboriginal Representative Body; and
  • b. the 30-day period has expired, or before that expiry:
    • i. the State notifies the Aboriginal Representative Body that it declines the invitation to have good faith discussions; or
  • ii. good faith discussions under clause 11.1(a) have concluded.

11.2 Consent
Should a variation to any of the Governing Documents represent a change:

  • a. such that the Aboriginal Representative Body would not be able to warrant one or more of the matters in Schedule B; or
  • b. that would otherwise constitute a major change to the legal form, governance structures or accountability requirements of the Self-Determination Fund or the Trustee,
  • the Aboriginal Representative Body must seek the State’s prior written consent to the change (such consent not to be unreasonably withheld).