30 Mechanisms for enforcing a Treaty or Treaties
(a) The Parties agree:
- (i) Treaties should include a culturally appropriate process for the resolution of disputes arising in relation to the Treaty;
- (ii) in consultation with the Treaty Authority, consider the establishment of culturally appropriate enforcement mechanisms, such as a tribunal or other competent body; and
- (iii) Treaties should provide that parties to a Treaty may not commence legal proceedings until any dispute resolution process agreed in the Treaty have been pursued.
(b) The Parties acknowledge that appropriate enforcement mechanisms may depend on the content of Treaties and that, in particular, a Statewide Treaty may create institutions and arrangements which Primary Negotiating Parties may decide to use to enforce a Treaty.
31 Other enforcement mechanisms
(a) The Parties acknowledge that additional mechanisms that may be adopted for enforcing Treaties or Interim Agreements include:
- (i) negotiation between the Primary Negotiating Parties as to the need for enforcement and how enforcement should be achieved; and
- (ii) if necessary, further negotiation, facilitated by the Treaty Authority, between the Primary Negotiating Parties as to the need for enforcement and how enforcement should be achieved.
(b) An Additional Negotiating Party, if the scope of that party’s participation, as agreed by the Primary Negotiating Parties, includes enforcement, must also be involved in these negotiations about the need for enforcement and how enforcement should be achieved.
32 Supreme Court
Without limiting clauses 30 or 31, the enforcement of any Treaty will be, to the extent possible, subject to the jurisdiction of the Supreme Court of Victoria.
33 Other Legal Rights
Nothing in Part G alters, impairs or detracts from any other legal rights or interests held by a party.
Reviewed 28 October 2022