Background
The Treaty Commissioner Act 2020 (NT) (the Act) entered into force on 11 July 2020. The purpose of the Act is to implement the Barunga Agreement – Memorandum of Understanding (MOU). It provides for the development of a framework for negotiating a Treaty with the First Nations of the Northern Territory of Australia, a process to be led by an independent Treaty Commissioner This framework may focus on, but is not limited to:
Agreement as to what the Treaty is and its potential contents;
What a Northern Territory Treaty will seek to achieve;
Whether there should be one or multiple Treaties;
What outcomes are possible under a Treaty for Aboriginal people that encompasses recognition as First Nations, rights, obligations and opportunities; and
What the best process is for negotiating a Treaty.
Legislative Framework
The Act is split into four parts, with Part 1 outlining preliminary matters. Part 2 establishes the Office of the Treaty Commissioner; outlines the roles of the commissioner; sets out requirements for the appointment of the commissioner and eligibility for appointment; sets out the terms and conditions of the appointment; outlines the functions and powers of the office, as well as reporting requirements.
Part 3 of the Act sets out the administrative matters including; vacancy in office; resignation; suspension and termination of appointment; leave of absence; Acting Treaty Commissioner; Treaty Commissioner’s staff; Oath before taking office; Confidentiality of information and protection from liability. Part 4 of the Act outlines transitional and savings matters.
Reception
Professor Mick Dodson AM was appointed as the Treaty Commissioner with Ursula Raymond appointed Deputy Treaty Commissioner. The appointment was supported by all four Northern Territory land councils. The Act has been well received in the NT as it shows some form of commitment towards implementing the Barunga Agreement and achieving a Treaty between the Northern Territory and First Nations People.