In this Framework, unless the contrary intention appears:
Aboriginal Community Controlled Organisation is an organisation based in Victoria that delivers services to Aboriginal people and a community or communities and is:
- (a) incorporated under relevant legislation and not-for-profit;
- (b) controlled and operated by Aboriginal people;
- (c) connected to the community, or communities, in which it delivers services; and
- (d) governed by a majority Aboriginal governing body.
Aboriginal Lore and Law is described in clause 2.
Aboriginal Representative Body means the First Peoples' Assembly of Victoria Ltd declared to be the Aboriginal Representative Body under section 11 of the Treaty Act or any subsequent body declared to be the Aboriginal Representative Body under section 18 of the Treaty Act.
Aboriginal Trust is a Trust incorporated under the Aboriginal Lands Act 1970 (Vic), whether or not the Committee of Management, or the members of a Trust, under that Act is or are majority Aboriginal.
Additional Negotiating Party means any party invited to, and who has accepted the invitation to, join any Treaty negotiations under clause 22.
Additional Preparations have the meanings given by clauses 13.3 and 20.3 respectively.
Additional Requirement has the meaning given by clause 16.3.
Collective Support has the meaning given by clause 28.
Comment and Dispute Period has the meaning given by clause 18.4.
Consultation and Dispute Period has the meaning given by clause 2.3(b) of Schedule 1.
Contingency Process has the meaning given by clause 15.2(a)(v).
Cultural Authority is described in clause 2.
Existing Status has the meaning given by clause 8.2.
First Peoples means:
- (a) Traditional Owners of Country in Victoria; and
- (b) Aboriginal and Torres Strait Islander persons who are living in the place now known as Victoria.
First Peoples' Negotiating Party means a party comprising First Peoples that is participating in the Treaty Process, including a Traditional Owner Group, a First Peoples' Treaty Delegation, the First Peoples' Representative Body negotiating the Statewide Treaty or an Additional Negotiating Party.
First Peoples' Representative Body or Body is the body which has been confirmed by the Treaty Authority as the First Peoples' Representative Body under Part C or Schedule 1.
First Peoples' Treaty Delegation or Delegation means a delegation formed for the purposes of negotiating a Traditional Owner Treaty with the State in accordance with clause 10.
Framework means the Treaty Negotiation Framework established by agreement between the Parties under section 30 of the Treaty Act.
Indigenous Data as endorsed by delegates at the 2018 Indigenous Data Sovereignty Summit, refers to information or knowledge, in any format or medium, which is about and may affect First Peoples both collectively and individually.
Indigenous Data Governance as endorsed by delegates at the 2018 Indigenous Data Sovereignty Summit, refers to the right of First Peoples to autonomously decide what, how, and why Indigenous Data is collected, accessed, disclosed and used. It ensures that data on or about First Peoples reflects First Peoples' priorities, values, cultures, worldviews, and diversity.
Indigenous Data Sovereignty as endorsed by delegates at the 2018 Indigenous Data Sovereignty Summit, refers to the rights of First Peoples to exercise ownership over Indigenous Data. Ownership of Indigenous Data can be expressed through the creation, collection, access, analysis, interpretation, management, dissemination, and reuse of Indigenous Data.
Interim Agreement means an agreement made in acceptance of an Interim Offer.
Interim Offer means an offer made under clause 26.5.
Local Government has the meaning given to it by section 74A(1) of the Victorian Constitution.
Minimum Standards means those standards applicable to the relevant Primary Negotiating Party as set out in clauses 8, 13, 16 and 20.
Minister means the Minister of the Crown responsible for administering the Treaty Act including a Minister of the Crown for the time being acting for or on behalf of that Minister.
Negotiating Party means any Primary Negotiating Parties and Additional Negotiating Parties for any Treaty.
Negotiations Database means the database of Negotiating Parties under clause 4.5.
Negotiation Protocols has the meaning given in clause 26.1.
Negotiation Standards has the meaning given in clause 24.1.
Negotiators means the persons authorised by a Negotiating Party to represent the Negotiating Party in Treaty negotiations.
Parties means the parties to this Framework, being the Aboriginal Representative Body and the State of Victoria.
Primary Negotiating Parties means the parties specified in clauses 7.1 and 15.1 respectively.
Relevant Groups has the meaning given in clause 10.3(b).
Self-Determination Fund means the self-determination fund established by agreement under section 35 of the Treaty Act.
Statewide Treaty means a Treaty negotiated between the First Peoples' Representative Body and the State under Part E of this Framework.
Traditional Owner has the meaning given in clause 3.4.
Traditional Owner Group or Group is a group that can satisfy the Minimum Standards under clause 8.
Traditional Owner Treaty means a Treaty negotiated between a First Peoples' Treaty Delegation and the State under Part E of this Framework.
Treaty means any one or more of the Statewide Treaty and Traditional Owner Treaties.
Treaty Act means the Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic).
Treaty Authority means the Treaty Authority established by agreement between the Parties under section 27 of the Treaty Act.
Treaty Authority Act means the Treaty Authority and Other Treaty Elements Act 2022 (Vic).
Treaty Authority Agreement means the agreement made between the Aboriginal Representative Body and the State made under section 27 of the Treaty Act.
Treaty Process means Treaty negotiations under this Framework and, for the avoidance of doubt, includes the process for entry into negotiations, the negotiations themselves and the formalisation, enforcement and reporting on Treaties.
UNDRIP means the United Nations Declaration on the Rights of Indigenous Persons adopted by the United Nations General Assembly on 13 September 2007.
Victorian Constitution means the Constitution Act 1975 (Vic).
Yoorrook Justice Commission means the Royal Commission known as the Yoorrook Justice Commission established under the Inquiries Act 2014 (Vic) on 12 May 2021.
The Parties have agreed that the following general principles of interpretation apply to this Framework:
(a) Intended legal operation:
- (i) This Framework is intended to preserve any right or expectation First Peoples enjoy or have under any Act or law, including the Aboriginal Heritage Act 2006 (Vic), the Aboriginal Lands Act 1970 (Vic), the Conservation, Forests and Lands Act 1987 (Vic) or the Traditional Owner Settlement Act 2010 (Vic).
- (ii) Nothing in this Framework is intended to prevent First Peoples from enjoying the same rights and benefits as any resident of Victoria or citizen of Australia or accessing any of the various programs and services of Victoria or Australia in effect from time to time, including those directed to First Peoples and their organisations, in accordance with the criteria established from time to time for the application of those programs and services.
(b) This Framework should be interpreted in a way that is consistent with the Treaty Act. In the event of any conflict between the Treaty Act and this Framework, the Treaty Act prevails.
(c) The Framework should be interpreted by reference to the UNDRIP, except to the extent of any inconsistency with the Treaty Act and applicable laws of the State and the Commonwealth.
(d) An interpretation of this Framework that promotes the purpose in clause 2.2, the Parties' intentions for the Treaty Process in clause 2.3 and the principles in clauses 2.4 and 2.5 will be preferred to an interpretation of the Framework that would not promote that purpose or those intentions and principles.
(e) References in the Framework to 'source of authority' and 'traditional ownership' are not intended to and will not be interpreted so as to limit the scope of subject matters on which a Delegation or the First Peoples' Representative Body can negotiate.
(f) Headings are for convenience only and do not affect interpretation.
(g) The words italicised and contained in boxes outline the rationale for certain provisions to explain how this Framework supports First Peoples to decide First Peoples' issues. The words italicised and contained in boxes are not operative clauses of this Framework and are not intended to create or limit rights and obligations under this Framework, nor the subject matters for the Treaties negotiated under the Framework.
(h) Unless the context indicates a contrary intention:
(i) the expression person includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership, a trust or other entity and includes any successor by merger or otherwise of such person;
- (ii) a reference to any person or to any party to this agreement includes that person’s or party’s executors, administrators, successors and permitted assigns, including a person taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (iii) a reference to any document (including this Framework) is to that document as varied, novated, ratified or replaced from time to time;
- (iv) a reference to any statute or to any statutory provision includes any statutory modification re-enactment or replacement of it or any statutory provision substituted for it, and all ordinances, bylaws, regulations, rules and statutory instruments (however described) issued under it;
- (v) words importing the singular include the plural (and vice versa), and words indicating a gender include every other gender;
- (vi) references to parties and clauses are references to parties and clauses to or of this agreement;
- (vii) where a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (viii) the word includes in any form is not a word of limitation;
- (ix) a reference to a party using its best endeavours or reasonable endeavours or best efforts does not include or imply a reference to or an obligation upon that party paying money or providing other valuable consideration to or for the benefit of any person; and
- (x) a reference to this agreement includes schedules to it.
39 General provisions
The Parties have agreed the following general provisions for the operation of this Framework.
(a) Amendment and Review:
- (i) This Framework may only be amended by a document signed by or on behalf of the Parties.
- (ii) The Parties will review the effectiveness of this Framework:
- (A) within the first 12 months of the Framework, if:
- (1) the Parties consider it necessary or appropriate to do so; or
- (2) the Treaty Authority considers it necessary or appropriate to do so – if the Treaty Authority recommends that specified amendments be made to clarify the Framework, the Parties must consider the Treaty Authority’s recommendations and amend the Framework as they consider appropriate;
- (B) following agreement of a Statewide Treaty or Interim Agreement, if required; and
- (C) in any event, within the first four years of the operation of this Framework.
- (A) within the first 12 months of the Framework, if:
- (iii) Irrespective of the Parties' review of this Framework, the Treaty Authority may review the effectiveness of this Framework from time to time and make recommendations to the Parties as to whether and, if so how, the Framework should be amended. The Parties will consider any such recommendations and agree whether and, if so, how the Framework should be amended.
(b) Entire Agreement:
- (i) Subject to the Treaty Act and, where relevant, the Treaty Authority Agreement and Treaty Authority Act, this agreement constitutes the entire agreement between the Parties as to the establishment of the Framework and supersedes all previous agreements, arrangements and understandings (whether written or oral) between the Parties in relation to the same.
(c) Reading Down:
- (i) If any provision of this agreement is void, voidable, unenforceable or illegal in its terms but would not be void, voidable, unenforceable or illegal if it were read down and it is capable of being read down, then that provision will be read down accordingly.
(d) Severance of provisions:
- (i) If, notwithstanding clause 39(c), a provision of this agreement is or, but for this clause 39(d), would be void, voidable, unenforceable or illegal:
- (A) if the provision would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are severed; and
- (B) in any other case, the whole provision is severed, and the remainder of this agreement will be of full force and effect.
Reviewed 28 October 2022