Treaty Commissioner Act 2020

This Act may be cited as the Treaty Commissioner Act 2020.

This Act commences on the day after the day on which the

Administrator's assent to this Act is declared.

In this Act:

Acting Treaty Commissioner, means the person appointed under section 17.

Office of the Treaty Commissioner means the Office established by section 5.

Territory Aboriginal Land Council means any of the following:

Treaty Commissioner means the Treaty Commissioner appointed under section 7.

Treaty Commissioner's staff means the staff engaged or employed under section 18.

Note for section 3

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

The purpose of this Act is to implement the Barunga Agreement –

Memorandum of Understanding, which is set out in the Appendix to this

Act.

"Treaty Commission".

(1) The Treaty Commissioner and the Treaty Commissioner's staff must perform their functions and exercise their powers impartially and independently.

(2) The Treaty Commissioner is not subject to direction by any person about the way in which the Treaty Commissioner performs the functions or exercises the powers of office.

(3) In performing functions or exercising powers under this Act, a member of the Treaty Commissioner's staff is subject only to the direction of:

(b) another member of the Treaty Commissioner's staff acting with the authority of the Treaty Commissioner.

(1) The Administrator may, by Gazette notice, appoint an Aboriginal person to be the Treaty Commissioner.

(b) endorsed by the Chairperson of each Territory Aboriginal Land Council.

Note for section 7

Section 23 provides that the person acting in the position of Treaty Commissioner before the commencement of this Act is taken to be appointed under section 7.

(1) A person is eligible for appointment as the Treaty Commissioner under section 7 if:

(a) the person has suitable qualifications or experience relating to the Treaty Commissioner's functions; and

(b) the person is committed to the purposes of this Act and its underlying principles; and

(iii) a member of a local government council or of an equivalent body in a State or another Territory;

(2) For subsection (1)(d), a person has a recent political affiliation if, at any time during the previous 5 years, the person:

(a) was a member of the Legislative Assembly or a local government council; or

(b) was an office holder or elected representative of a political party in the Territory or elsewhere in Australia; or

(d) made a reportable donation to a political party, or an associated entity of a political party, in the Territory or elsewhere in Australia.

(3) For subsection (2)(d), a person made a reportable donation if it was made by the person or by a body corporate of which the person was an office holder or majority shareholder at the time the donation was made.

associated entity, see section 176 of the Electoral Act 2004.

reportable donation means a gift or loan that is required to be disclosed or reported under Part 10 of the Electoral Act 2004 or under a similar law in force in the Commonwealth or in a State or another Territory.

Territory controlled entity, see section 3(1) of the Audit Act 1995.

(1) The appointment of a person as the Treaty Commissioner is for a period of 3 years.

(2) A person who is the Treaty Commissioner may be reappointed if the person is:

(b) endorsed by the Chairperson of each Territory Aboriginal Land Council.

(1) The Treaty Commissioner holds office on the conditions, including conditions about remuneration, expenses and allowances, determined by the Administrator.

(a) cannot provide any conditions that are contingent on the Treaty Commissioner's performance in office; and

(a) to gauge support in the Territory for a treaty between the Territory and Aboriginal peoples of the Territory;

(b) to consider what a treaty in the Territory should seek to achieve;

(c) to consider whether there should be one or multiple treaties in the Territory;

(e) to consider what outcomes are possible for Aboriginal peoples of the Territory under a treaty;

(f) to research best practice processes to treaty negotiations and consider which process should be used;

(g) to provide advice on matters related to a treaty between the Territory and Aboriginal peoples of the Territory;

(h) to promote awareness of the Treaty Commission's activities among Territorians;

(i) to perform other functions conferred on the Treaty Commissioner by the Minister.

(a) to consult with the Territory Aboriginal Land Councils, the Aboriginal peoples of the Territory and areas adjacent to the Territory and Territorians in general;

(b) to establish procedures and protocols, including reporting systems, to ensure information gathered by the Treaty Commissioner is shared with the Territory, Territory Aboriginal Land Councils and the Aboriginal peoples of the Territory;

(c) to facilitate communications between the Territory, Territory Aboriginal Land Councils and the Aboriginal peoples of the Territory in relation to the development of a framework for future treaty negotiations;

(d) to engage consultants as the Treaty Commissioner considers necessary to assist the Treaty Commissioner in performing functions under this Act;

(e) to do anything necessary or convenient to be done for, or in relation to, the performance of the Treaty Commissioner's functions.