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Part Five

The Treaty Authority is entrusted with the responsibility of overseeing and administering the Treaty Process. It is the guardian of the Framework. The accountabilities set out below are a necessary check on the Treaty Authority reflecting the trust placed in it and the power it holds.

17 Cultural accountabilities

The Treaty Authority is culturally accountable to First Peoples and will respectfully observe and uphold Aboriginal Lore, Law and Cultural Authority.

It is guided by cultural values that include First Peoples’ sovereignty, Country, and self- determination. These cultural values are grounded in traditions and include amplifying the voice of Elders and respecting Cultural Authority.

To give effect to its accountability to First Peoples and maintain legitimacy, the Treaty Authority’s standards of conduct under clause 20.1 will include building and maintaining respectful relationships with the relevant representatives for Traditional Owner and other First Peoples’ groups, as well as the Aboriginal Representative Body and its Elders’ Voice.

18 Public accountabilities

The Treaty Authority is accountable to the Panel, the Parties, the Negotiating Parties, First Peoples and also to all other people of the State who place their confidence and trust in it to oversee and administer the Treaty Process.

The Treaty Authority is a party to the Treaty Process under the Treaty Act and will fulfil that role so as to maintain public confidence in its processes, decisions and actions.

19 Decisions and actions

This clause applies to decisions made and actions taken by the Treaty Authority in the course of performing its functions under the Framework and the Treaty Act.

Members must form their own views of the preferable decision or action in each case based on their cultural knowledge and the materials before them. Members will assume responsibility for and be accountable for their decisions and actions.

Members will keep appropriate records about decisions made and actions taken. Members will give reasons for decisions and actions that affect the Negotiating Parties.

The Treaty Authority will develop an appropriate internal review process by which decisions and actions can be reviewed.

The Treaty Authority may consult with the Elders’ Voice and legal specialists, as appropriate, in developing these processes.

20 Members’ conduct

20.1 Standards of conduct

Members are required to meet the standards of conduct developed by the Panel.

The purpose of the standards of conduct is to ensure that Members, at all times, perform their functions and duties and exercise their powers in good faith in the best interests of the Treaty Authority.

The standards of conduct will be publicly available and will cover:

  • impartiality
  • independence
  • integrity
  • respect
  • relationships
  • fairness
  • cultural competence
  • cultural safety
  • care and diligence
  • timeliness
  • transparency
  • conflict of interest and disqualification
  • conduct in their role as a Member
  • proper use of position
  • proper use of information
  • activities in their personal or other professional capacity
  • professional development and
  • Member wellbeing.

20.2 Instrument of appointment

In addition to the items listed at clause 7.7, a Member’s instrument of appointment will also include a requirement to adhere to the standards of conduct at clause 20.1 and may provide additional duties and key performance indicators.

21 Annual report

The Treaty Authority must prepare an annual report that will be made publicly available. The annual report must include:

  • activities undertaken by the Treaty Authority in performance of its functions under the Framework and the Treaty Act, including acting compatibly with and taking into account human rights
  • ways in which the Treaty Authority has met its accountabilities under this Part
  • other operations of the Treaty Authority
  • finances and governance and
  • any other matter that the Treaty Authority considers appropriate.

If the Treaty Authority considers it appropriate, the annual report may be tabled in Parliament.