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Part Four

14 Proceedings

14.1 Manner of performing functions and duties

The Treaty Authority may perform its functions and duties and exercise its powers in any manner that it considers appropriate, provided that it is consistent with this Agreement, the Framework, the Treaty Act and the Treaty Authority Act.

The Treaty Authority may issue practice directions, guidelines, statements or notes in relation to the performance of its functions and duties and exercise of its powers.

14.2 Day-to-day operations

In determining the manner in which it will perform its functions and duties and exercise its powers, the Treaty Authority will establish practices and procedures governing its day-to-day operations including:

how Members individually or collectively perform the functions of the Treaty Authority

how functions, duties and powers of the Treaty Authority may be delegated and

any limits on how the Treaty Authority may operate if the number of Members falls below five but is greater than two. In establishing a practice and procedure of this type, the Treaty Authority must have regard to:

the need for the Treaty Authority to continue to operate, for example, for Treaty negotiations to continue to progress and essential operational decisions to continue to be made and

the desirability for five Members as a collective to participate in major and significant decisions and actions of the Treaty Authority.

14.3 Meetings

The Treaty Authority must hold its first meeting within 30 days of its commencement of operation.

The Treaty Authority must meet at least four times each year and otherwise may meet as and when required to perform its functions and duties and exercise its powers.

A quorum is a majority of the Members.

Meetings may be held in person or by videoconference.

Decisions will be made by consensus of Members. If consensus cannot be achieved, as a last resort, the majority view prevails. The Chairperson does not have a casting vote.

14.4 Chairperson

The Chairperson will chair the meetings of the Treaty Authority. If the Chairperson is absent or unable to chair a meeting, the Members present at the meeting will elect a Member to act as Chairperson for that meeting.

Members may appoint a Chairperson if the office of the Chairperson becomes vacant due to an expiry of term under clause 7.6 or vacancy under clause 9.

15 Indigenous Data Sovereignty

15.1 Indigenous Data Sovereignty policies

In consultation with the Aboriginal Representative Body, the Treaty Authority will develop policies and practices that uphold and respect Indigenous Data Sovereignty and Indigenous Data Governance to the extent possible having regard to applicable laws.

In developing policies and practices under this clause, the Treaty Authority must ensure that with regard to data created, collected, used, held and disclosed by the State to which Victorian or Commonwealth laws apply, the State is able to continue to comply with its obligations under those laws.

15.2 Records management

The State will work in good faith with the Treaty Authority to ensure that the Treaty Authority’s records can be managed consistent with Indigenous Data Sovereignty and Indigenous Data Governance to the extent possible having regard to applicable laws.

16 Treaty Authority documents

In addition to any other duty relating to information, records or data, the Treaty Authority must also keep and make readily available to Members documents of the Treaty Authority, including:

  • policies, procedures or decisions adopted by, made or relevant to the Treaty Authority
  • a register containing the documents or class of documents relating to the accountability and reporting requirements of the Treaty Authority
  • documents relating to Members, their terms of appointment, standards of conduct and other duties and responsibilities
  • current and past strategic plans adopted by the Treaty Authority
  • annual reports and
  • any other document relevant to the performance of the Treaty Authority or a Member’s functions and duties or exercise of powers, such as practice directions, guidelines, statements or notes.