The State will provide funding to the Self-Determination Fund to ensure that the Self-Determination Fund can further its purposes under the Treaty Act.
7.1 Initial funding obligation
The State will provide funding of not less than $65 million as partial funding to support First Peoples to have equal standing with the State in Traditional Owner Treaty negotiations.
Without limiting the discretion of the Aboriginal Representative Body and the Trustee, the State intends for this support to include:
- a. supporting Traditional Owner Groups to:
- i. satisfy Minimum Standards;
- ii. provide notification of satisfaction of Minimum Standards to the Treaty Authority for entry onto the Negotiations Database; and
- iii. form First Peoples’ Treaty Delegations;
- b. supporting First Peoples’ Treaty Delegations to negotiate Traditional Owner Treaties with the State; and
- c. meeting expenses properly incurred in the administration of the Fund.
This initial funding will be paid as follows:
- a. An amount to be agreed by the Parties (or failing agreement an amount of $35 million) to be paid to the Trustee within 30 days of the Aboriginal Representative Body notifying the State that the Self-Determination Fund has been Endorsed as a Charity.
- b. An amount to be agreed by the Parties (or failing agreement an amount of $15 million) to be paid to the Trustee within 30 days of the publication, pursuant to clause 10(c), of the 2022-23 annual report.
- c. An amount to be agreed by the Parties (or failing agreement an amount of $15 million) to be paid to the Trustee within 30 days of the publication, pursuant to clause 10(c), of the 2023-24 annual report.
7.2 Future funding obligations
The Parties agree that this initial funding amount of not less than $65 million over 3 years represents only partial funding of the Self-Determination Fund by the State and that further funding will be required to be negotiated in and beyond the initial funding period to ensure that the Self-Determination Fund can further its purposes under the Treaty Act.
Further funding will be negotiated between the Aboriginal Representative Body and the State to ensure the Self-Determination Fund can further its purposes under the Treaty Act. The State agrees that further funding will be adequate having regard to the statutory purposes of the Self-Determination Fund in section 36 of the Treaty Act. The Parties acknowledge that further funding may be contingent on variations being made to this Agreement. Any variation to this Agreement will be made in writing and agreed between the Parties as set out in clause 15 of this Agreement.
Funding does not have to be spent in the year it is provided and can be held over for future years.
7.3 First Peoples’ Representative Body
The Self-Determination Fund has as its first purpose to support First Peoples to have equal standing with the State in Treaty negotiations. The State acknowledges this purpose requires the provision of funding to the First Peoples’ Representative Body, and that this may be provided either through the Self-Determination Fund or directly to the First Peoples’ Representative Body, whichever the Parties agree.
The State agrees to allocate the above funding for the First Peoples’ Representative Body to have equal standing with the State in negotiations for Statewide Treaty, to be provided from the time the State accepts the invitation to join Statewide Treaty negotiations, or at another date agreed between the Parties.
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