27 Process for formalising agreement
(a) The process for formalising agreement to a Treaty or Interim Agreement will comprise the following steps:
- (i) the parties signifying assent to the Treaty or Interim Agreement, recognising that:
- (A) it is for each party to determine for itself how it will signify its assent to the agreement to be made; and
- (B) in the case of First Peoples' Negotiating Parties, the manner in which a First Peoples' Negotiating Party signifies its assent will be determined by reference to their particular context, in light of self- determination and empowerment and Aboriginal Lore, Law and Cultural Authority;
- (ii) each party to the Treaty or Interim Agreement will notify the Treaty Authority that they have signified their assent to the Treaty or Interim Agreement; and
- (iii) when all parties to the Treaty or Interim Agreement have notified the Treaty Authority that they have assented to the Treaty or Interim Agreement, the Treaty Authority will publish a statement which records that the Treaty or Interim Agreement has been formally agreed.
(b) First Peoples' Negotiating Parties will signify assent after having received Collective Support for the Treaty or Interim Agreement.
(c) If requested, the Treaty Authority may support the parties to a Treaty or Interim Agreement to develop an implementation plan, including timeframes regarding when each part of the Treaty or Interim Agreement will be delivered.
(d) The Treaty Authority will maintain a public register of all formalised Treaties and Interim Agreements.
(e) If facilitative legislation or a referendum is required as a result of the Treaty, the State will use its best endeavours to secure the passage of the necessary legislation or public support for the referendum.
28 Collective support
(a) Collective Support requires a First Peoples' Negotiating Party to demonstrate that it has engaged in a process to seek the freely offered support of its members for the Treaty or Interim Agreement.
(b) The process to obtain freely offered support for the Treaty or Interim Agreement is a matter for First Peoples' Negotiating Parties to self-determine.
(c) The process must be recorded and made available to:
- (i) all parties that will sign the Treaty or Interim Agreement; and
- (ii) the Treaty Authority.
(d) Demonstration of Collective Support requires completion of the process referred to in this clause.
29 Disputes arising during the process for formalising agreement
Any disputes arising during the process of formalising agreement that cannot be resolved by agreement between or within the Negotiating Parties, with or without the facilitation and assistance of the Treaty Authority, can be addressed by commencement of the dispute resolution process under Part I.
Reviewed 28 October 2022