PART C1

22.1 Treaties that can be negotiated in Ongoing Statewide Treaty Negotiations

(a) Ongoing Statewide Treaty Negotiations in relation to Treaties under this Part may only commence after the First Statewide Treaty has been agreed.

(b) This Part applies to negotiations of any Statewide Treaty after the First Statewide Treaty has been agreed.

(c) Treaties that can be negotiated include but are not limited to the following categories:

• (i) Statewide Treaty Chapters meaning Treaties that cover multiple Treaty policy proposals and outcomes falling within a broad policy or portfolio subject area;
• (ii) Statewide Treaty Outcomes meaning Treaties that cover discrete Treaty policy proposals and specific outcomes on a particular subject matter; or
• (iii) Foundational Statewide Treaties meaning Treaties that cover additional structural or systemic matters or other matters that are foundational to the relationship between the State and First Peoples in Victoria.

(d) Nothing in clause 22.1(c) limits the scope, structure or content of any Statewide Treaty that may be negotiated after the First Statewide Treaty or limits or prevents the negotiation of any Interim Agreement.

22.2 Relationship between the First Statewide Treaty and all other Treaties and Interim Agreements

(a) Treaties and Interim Agreements the subject of negotiations under this Framework should not amend or vary the First Statewide Treaty.

(b) The Primary Negotiating Parties to the First Statewide Treaty should instead vary the First Statewide Treaty in accordance with the agreed variation processes under the First Statewide Treaty.

(c) Nothing in clause 22.2(a) and 22.2(b) limits the negotiation of matters that may otherwise expand upon, clarify or supplement the matters addressed in the First Statewide Treaty, without directly amending that instrument.

22.3 Relationship between Treaties under this Part

Multiple Statewide Treaties under this Part may be negotiated at the same time. A Statewide Treaty under this Part may cover any, some or all of the categories described at clause 22.1(c), which are not intended to be prescriptive, exhaustive or mutually exclusive.

23 Entry into Ongoing Statewide Treaty Negotiations

23.1 Primary Negotiating Parties for Ongoing Statewide Treaty Negotiations

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

• (i) The State of Victoria; and
• (ii) The First Peoples’ Representative Body.

(b) The Body will be the sole representative of Traditional Owners and other First Peoples for Ongoing Statewide Treaty Negotiations.

23.2 The Body requests State invitation

(a) To begin an Ongoing Statewide Treaty Negotiation, the Body must notify the Treaty Authority:

• (i) that it wishes to invite the State to begin an Ongoing Statewide Treaty Negotiation;
• (ii) if applicable, the category of negotiations that it wishes to enter into under clause 22.1; and
• (iii) of the nominated subject matter under clause 27.5 that it wishes to negotiate.

(b) The Treaty Authority will determine the manner and form of the notification in this clause.

23.3 Treaty Authority issues invitation

(a) On receipt of the notification in clause 23.2(a), the Treaty Authority, in the manner determined by it, must invite the State to begin an Ongoing Statewide Treaty Negotiation with the Body.

(b) The invitation to the State must identify:

• (i) if applicable, the category of negotiations sought to be entered into by the Body identified in clause 23.2(a)(ii); and
• (ii) the nominated subject matter for negotiations identified in clause 23.2(a)(iii).

(c) 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 Treaty negotiations.

23.4 State accepts invitation to Ongoing Statewide Treaty Negotiation

(a) To enter into an Ongoing Statewide Treaty Negotiation, the State must accept the invitation issued by the Treaty Authority in clause 23.3.

(b) Except where:

• (i) the State considers that public authorities cannot comply with their obligations under the Charter of Human Rights and Responsibilities Act 2006 (Vic); or
• (ii) the Primary Negotiating Parties are at that time already negotiating on the same subject matters identified in the invitation.
• the State must otherwise accept the invitation.

(c) Nothing in this clause prevents the Primary Negotiating Parties discussing different subject matter, or nominating a different categorisation to that included in the Treaty Authority’s invitation under clause 23.3, if agreed.

(d) Nothing in this clause prevents the State from raising a dispute under Part I in relation to the invitation to enter into the Treaty negotiation.

(e) Following its acceptance of the invitation to begin an Ongoing Statewide Treaty Negotiation, the State must make the notification described at clause 23.5 and the Treaty Authority must enter that notification onto the Negotiations Database in accordance with clause 23.6 before negotiations for the Treaty described in that notification begin.

23.5 The State’s notification

On receipt of an invitation issued in accordance with clause 23.3, the State must provide a notification to the Treaty Authority that it is ready to negotiate the Ongoing Statewide Treaty identified in the invitation, or with amendments as agreed between the Primary Negotiating Parties.

23.6 Treaty Authority enters the State’s notification onto the Negotiations Database

(a) The Treaty Authority must enter the State’s notification made under clause 23.5 onto the Negotiations Database as soon as practicable.

(b) The Treaty Authority will determine how the entry of that notification onto the Negotiations Database will be notified in accordance with clause 4.5(f).

(c) Once the State’s notification is entered onto the Negotiations Database, the Ongoing Statewide Treaty Negotiation described in the notification has begun.