{"id":"treaty-commissioner-act-2020","name":"Treaty Commissioner Act 2020","slug":"treaty-commissioner-act-2020","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30606,"registerId":"nt-treaty-commissioner-act-2020-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Treaty Commissioner Act 2020","content":"NORTHERN TERRITORY OF AUSTRALIA\nTREATY COMMISSIONER ACT 2020\nAs in force at 11 July 2020\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Purpose of Act ................................................................................. 2\nPart 2 Office of the Treaty Commissioner\n5 Establishment of Office of the Treaty Commissioner ....................... 2\n6 Impartiality and independence ......................................................... 2\n7 Appointment of Treaty Commissioner ............................................. 2\n8 Eligibility for appointment ................................................................. 3\n9 Term of appointment ....................................................................... 4\n10 Conditions of appointment ............................................................... 4\n11 Functions and powers ..................................................................... 4\n12 Reporting ......................................................................................... 6\nPart 3 Administrative matters\n13 Vacancy in office ............................................................................. 6\n14 Resignation...................................................................................... 7\n15 Suspension and termination of appointment.................................... 7\n16 Leave of absence ............................................................................ 7\n17 Acting Treaty Commissioner............................................................ 8\n18 Treaty Commissioner's staff ............................................................ 8\n19 Oath before taking office ................................................................. 9\n20 Confidentiality of information ........................................................... 9\n21 Protection from liability .................................................................... 9\nPart 4 Transitional and savings matters\n22 Definition.......................................................................................... 9\n23 Prior Treaty Commissioner .............................................................. 9\n24 Validation ....................................................................................... 10\nAppendix Barunga Agreement – Memorandum of\nUnderstanding\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 11 July 2020\n____________________\nTREATY COMMISSIONER ACT 2020\nAn Act to establish the Office of the Treaty Commissioner\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Treaty Commissioner Act 2020.\n2 Commencement\nThis Act commences on the day after the day on which the\nAdministrator's assent to this Act is declared.\n3 Definitions\nIn this Act:\nActing Treaty Commissioner, means the person appointed under\nsection 17.\nOffice of the Treaty Commissioner means the Office established\nby section 5.\nTerritory Aboriginal Land Council means any of the following:\n(a) the Anindilyakwa Land Council;\n(b) the Central Land Council;\n(c) the Northern Land Council;\n(d) the Tiwi Land Council.\nTreaty Commissioner means the Treaty Commissioner appointed\nunder section 7.\n\nPart 2 Office of the Treaty Commissioner\nTreaty Commissioner Act 2020 2\nTreaty Commissioner's staff means the staff engaged or\nemployed under section 18.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 Purpose of Act\nThe purpose of this Act is to implement the Barunga Agreement –\nMemorandum of Understanding, which is set out in the Appendix to\nthis Act.\nPart 2 Office of the Treaty Commissioner\n5 Establishment of Office of the Treaty Commissioner\n(1) The Office of the Treaty Commissioner is established, consisting of\nthe Treaty Commissioner and the Treaty Commissioner's staff.\n(2) The Office of the Treaty Commissioner may be known as the\n\"Treaty Commission\".\n6 Impartiality and independence\n(1) The Treaty Commissioner and the Treaty Commissioner's staff\nmust perform their functions and exercise their powers impartially\nand independently.\n(2) The Treaty Commissioner is not subject to direction by any person\nabout the way in which the Treaty Commissioner performs the\nfunctions or exercises the powers of office.\n(3) In performing functions or exercising powers under this Act, a\nmember of the Treaty Commissioner's staff is subject only to the\ndirection of:\n(a) the Treaty Commissioner; or\n(b) another member of the Treaty Commissioner's staff acting\nwith the authority of the Treaty Commissioner.\n7 Appointment of Treaty Commissioner\n(1) The Administrator may, by Gazette notice, appoint an Aboriginal\nperson to be the Treaty Commissioner.\n(2) To be appointed as the Treaty Commissioner, a person must be:\n(a) eligible under section 8; and\n\nPart 2 Office of the Treaty Commissioner\nTreaty Commissioner Act 2020 3\n(b) endorsed by the Chairperson of each Territory Aboriginal Land\nCouncil.\nNote for section 7\nSection 23 provides that the person acting in the position of Treaty Commissioner\nbefore the commencement of this Act is taken to be appointed under section 7.\n8 Eligibility for appointment\n(1) A person is eligible for appointment as the Treaty Commissioner\nunder section 7 if:\n(a) the person has suitable qualifications or experience relating to\nthe Treaty Commissioner's functions; and\n(b) the person is committed to the purposes of this Act and its\nunderlying principles; and\n(c) the person is not any of the following:\n(i) a judicial officer;\n(ii) a member of an Australian parliament;\n(iii) a member of a local government council or of an\nequivalent body in a State or another Territory;\n(iv) a member of a political party;\n(v) an officer of a Territory controlled entity; and\n(d) the person does not have a recent political affiliation.\n(2) For subsection (1)(d), a person has a recent political affiliation if, at\nany time during the previous 5 years, the person:\n(a) was a member of the Legislative Assembly or a local\ngovernment council; or\n(b) was an office holder or elected representative of a political\nparty in the Territory or elsewhere in Australia; or\n(c) was a member of staff of a minister; or\n(d) made a reportable donation to a political party, or an\nassociated entity of a political party, in the Territory or\nelsewhere in Australia.\n\nPart 2 Office of the Treaty Commissioner\nTreaty Commissioner Act 2020 4\n(3) For subsection (2)(d), a person made a reportable donation if it was\nmade by the person or by a body corporate of which the person\nwas an office holder or majority shareholder at the time the\ndonation was made.\n(4) In this section:\nassociated entity, see section 176 of the Electoral Act 2004.\nreportable donation means a gift or loan that is required to be\ndisclosed or reported under Part 10 of the Electoral Act 2004 or\nunder a similar law in force in the Commonwealth or in a State or\nanother Territory.\nTerritory controlled entity, see section 3(1) of the Audit Act 1995.\n9 Term of appointment\n(1) The appointment of a person as the Treaty Commissioner is for a\nperiod of 3 years.\n(2) A person who is the Treaty Commissioner may be reappointed if\nthe person is:\n(a) still eligible under section 8; and\n(b) endorsed by the Chairperson of each Territory Aboriginal Land\nCouncil.\n10 Conditions of appointment\n(1) The Treaty Commissioner holds office on the conditions, including\nconditions about remuneration, expenses and allowances,\ndetermined by the Administrator.\n(2) The Treaty Commissioner's conditions of office:\n(a) cannot provide any conditions that are contingent on the\nTreaty Commissioner's performance in office; and\n(b) cannot be varied during the Treaty Commissioner's term in\noffice.\n11 Functions and powers\n(1) The Treaty Commissioner has the following functions:\n(a) to gauge support in the Territory for a treaty between the\nTerritory and Aboriginal peoples of the Territory;\n\nPart 2 Office of the Treaty Commissioner\nTreaty Commissioner Act 2020 5\n(b) to consider what a treaty in the Territory should seek to\nachieve;\n(c) to consider whether there should be one or multiple treaties in\nthe Territory;\n(d) to consider what form a treaty should take;\n(e) to consider what outcomes are possible for Aboriginal peoples\nof the Territory under a treaty;\n(f) to research best practice processes to treaty negotiations and\nconsider which process should be used;\n(g) to provide advice on matters related to a treaty between the\nTerritory and Aboriginal peoples of the Territory;\n(h) to promote awareness of the Treaty Commission's activities\namong Territorians;\n(i) to perform other functions conferred on the Treaty\nCommissioner by the Minister.\n(2) The Treaty Commissioner has the following powers:\n(a) to consult with the Territory Aboriginal Land Councils, the\nAboriginal peoples of the Territory and areas adjacent to the\nTerritory and Territorians in general;\n(b) to establish procedures and protocols, including reporting\nsystems, to ensure information gathered by the Treaty\nCommissioner is shared with the Territory, Territory Aboriginal\nLand Councils and the Aboriginal peoples of the Territory;\n(c) to facilitate communications between the Territory, Territory\nAboriginal Land Councils and the Aboriginal peoples of the\nTerritory in relation to the development of a framework for\nfuture treaty negotiations;\n(d) to engage consultants as the Treaty Commissioner considers\nnecessary to assist the Treaty Commissioner in performing\nfunctions under this Act;\n(e) to do anything necessary or convenient to be done for, or in\nrelation to, the performance of the Treaty Commissioner's\nfunctions.\n\nPart 3 Administrative matters\nTreaty Commissioner Act 2020 6\n12 Reporting\n(1) The Treaty Commissioner must give the Minister an interim report\non the performance of the Treaty Commissioner's functions.\n(2) The Treaty Commissioner must give the Minister a final report on\nthe performance of the Treaty Commissioner's functions within:\n(a) 18 months after the Minister tables the interim report referred\nto in subsection (1) in the Legislative Assembly; or\n(b) a longer period determined by the Minister with the\nendorsement of the Chairperson of each Territory Aboriginal\nLand Council.\n(3) The Minister must publicly release a copy of a report under\nsubsection (1) or (2) within 21 days after receiving it.\n(4) The Minister must table in the Legislative Assembly a copy of a\nreport under subsection (1) or (2) within 21 days after receiving it or\nat the next earliest opportunity.\nPart 3 Administrative matters\n13 Vacancy in office\n(1) The office of Treaty Commissioner becomes vacant if:\n(a) the Treaty Commissioner resigns under section 14; or\n(b) the Treaty Commissioner's appointment is terminated under\nsection 15(5); or\n(c) the Treaty Commissioner is found guilty of an indictable\noffence, whether in the Territory or elsewhere, for which the\nmaximum penalty is imprisonment for a term of at least\n12 months, with or without a fine; or\n(d) the Treaty Commissioner becomes bankrupt, applies to take\nthe benefit of the law for the relief of bankrupt or insolvent\ndebtors, compounds with creditors or makes an assignment of\nremuneration for their benefit.\n(2) The office of Treaty Commissioner must not remain vacant for more\nthan 6 months.\n\nPart 3 Administrative matters\nTreaty Commissioner Act 2020 7\n14 Resignation\nThe Treaty Commissioner may resign office by written notice given\nto the Administrator.\n15 Suspension and termination of appointment\n(1) The Administrator may suspend the Treaty Commissioner from duty\nif:\n(a) the Treaty Commissioner becomes physically or mentally\nincapable of satisfactorily performing official duties; or\n(b) the Treaty Commissioner engages in corrupt conduct as\ndefined in section 10 of the Independent Commissioner\nAgainst Corruption Act 2017.\n(2) The Minister must immediately give the Treaty Commissioner a\nstatement of reasons for the suspension.\n(3) The Minister must table in the Legislative Assembly the written\nstatement within 6 sitting days after the suspension was imposed.\n(4) The Minister must table in the Legislative Assembly any written\nresponse by the Treaty Commissioner within 6 sitting days after the\nresponse is made.\n(5) The Administrator must terminate the Treaty Commissioner's\nappointment if a resolution requiring the termination is passed by a\ntwo-thirds majority of the members of the Legislative Assembly.\n(6) The suspension of the Treaty Commissioner is lifted if:\n(a) the Minister does not table the statement in accordance with\nsubsection (3); or\n(b) the Legislative Assembly does not pass a resolution in\naccordance with subsection (5) within 6 sitting days after the\nstatement is tabled.\n(7) The Treaty Commissioner is entitled to be paid remuneration and\nallowances during the period of suspension.\n16 Leave of absence\nThe Minister may grant the Treaty Commissioner leave of absence\non the conditions decided by the Minister.\n\nPart 3 Administrative matters\nTreaty Commissioner Act 2020 8\n17 Acting Treaty Commissioner\n(1) The Administrator may appoint a person to act as the Treaty\nCommissioner during a vacancy in the office.\n(2) A person may be appointed as an Acting Treaty Commissioner if\nthe person is:\n(a) eligible under section 8; and\n(b) endorsed by the Chairperson of each Territory Aboriginal Land\nCouncil.\n(3) An appointment of an Acting Treaty Commissioner during a\nvacancy in the office may only be for a period or periods not\nexceeding in aggregate 6 months in any 12 month period.\n(4) If the office of the Treaty Commissioner is vacant for a period of\n18 months, no further appointment of an Acting Treaty\nCommissioner during the vacancy can be made.\n(5) An Acting Treaty Commissioner holds office on the conditions,\nincluding conditions about remuneration, expenses and allowances,\ndetermined by the Administrator.\n18 Treaty Commissioner's staff\n(1) The Treaty Commissioner's staff consists of the following:\n(a) a Deputy Treaty Commissioner;\n(b) public sector employees employed for the purposes of the\nOffice of the Treaty Commissioner;\n(c) persons employed in an Agency made available by the Chief\nExecutive Officer of the Agency under an arrangement with\nthe Treaty Commissioner.\n(2) Subject to subsection (3), the Treaty Commissioner may engage\nthe services of a suitable person to be the Deputy Treaty\nCommissioner without the requirement to invite tenders under the\nProcurement Act 1995.\n(3) The process for engaging the services of a suitable Deputy Treaty\nCommissioner must be endorsed by the Chairperson of each\nTerritory Aboriginal Land Council.\n(4) The Treaty Commissioner's staff must assist the Treaty\nCommissioner to perform the Treaty Commissioner's functions and\nexercise the Treaty Commissioner's powers.\n\nPart 4 Transitional and savings matters\nTreaty Commissioner Act 2020 9\n19 Oath before taking office\n(1) Before performing any functions as Treaty Commissioner, the\nTreaty Commissioner must take an oath or make an affirmation that\nthe Treaty Commissioner will faithfully, impartially and truly perform\nthe functions of the Treaty Commissioner according to law.\n(2) Before performing any functions as Acting Treaty Commissioner, an\nActing Treaty Commissioner must take an oath or make an\naffirmation that the Treaty Commissioner will faithfully, impartially\nand truly perform the functions of the Acting Treaty Commissioner\naccording to law.\n(3) The oath must be administered by the Administrator.\n20 Confidentiality of information\nA member of the Treaty Commissioner's staff must not disclose\nconfidential information, obtained in the course of performing a\nfunction or exercising a power under this Act, without the authority\nof the Treaty Commissioner.\n21 Protection from liability\n(1) A person who is performing functions under this Act is not civilly\nliable for an act done or omitted to be done by the person in good\nfaith in the exercise of a power or performance of a function under\nthis or any other Act.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nPart 4 Transitional and savings matters\n22 Definition\nIn this Part:\ncommencement means the commencement of section 7 of this\nAct.\n23 Prior Treaty Commissioner\n(1) Michael James Dodson, who was performing the functions of the\nnon-statutory position of Treaty Commissioner immediately before\nthe commencement, is taken to be the Treaty Commissioner\nappointed under this Act on the commencement until 3 March 2022.\n\nPart 4 Transitional and savings matters\nTreaty Commissioner Act 2020 10\n(2) For subsection (1), Michael James Dodson is taken to hold office\non the same conditions, including conditions about remuneration,\nexpenses and allowances, on which he performed those functions\nimmediately before the commencement.\n24 Validation\n(1) Any act performed or purported to have been performed by\nMichael James Dodson while he was performing the functions of\nthe non-statutory position of Treaty Commissioner immediately\nbefore the commencement is taken to be an act performed or\npurported to have been performed under this Act.\n(2) To avoid doubt, any interim report given by Michael James Dodson\nto the Minister before the commencement is taken to be the interim\nreport referred to in section 12(1).\n\nAppendix Barunga Agreement – Memorandum of Understanding\nTreaty Commissioner Act 2020 11\nAppendix Barunga Agreement – Memorandum of\nUnderstanding\nsection 4\nTHE BARUNGA AGREEMENT\nA MEMORANDUM OF UNDERSTANDING TO PROVIDE FOR THE\nDEVELOPMENT OF A FRAMEWORK FOR NEGOTIATING A TREATY\nWITH THE FIRST NATIONS OF THE NORTHERN TERRITORY OF\nAUSTRALIA\nBETWEEN\nTHE NORTHERN LAND COUNCIL (NLC), THE CENTRAL LAND COUNCIL\n(CLC), THE ANINDILYAKWA LAND COUNCIL (ALC) AND THE TIWI LAND\nCOUNCIL (TLC)\n(THE ABORIGINAL LAND COUNCILS)\nand\nTHE NORTHERN TERRITORY GOVERNMENT\n(THE NTG)\nThe Aboriginal Land Councils are independent statutory authorities\nestablished under the Aboriginal Land Rights (Northern Territory) Act 1976 to\nexpress the wishes and protect the interests of traditional owners throughout\nthe Northern Territory. The members of the Land Councils are elected by\nAboriginal people living in their areas. The NLC and CLC are also Native Title\nRepresentative Bodies recognised under the Native Title Act 1993 to promote\nthe interests of native title holders across the Territory (‘Traditional owners’\ninclude native title holders).\nThe NTG is the democratic, representative and executive arm of the Northern\nTerritory. Its functions and powers derive from the Northern Territory Self\nGovernment Act 1978, which established the Northern Territory of Australia as\na body politic under the Crown.\nBACKGROUND TO THE MEMORANDUM OF UNDERSTANDING:\nThis Memorandum of Understanding (MOU) represents the first significant\nstep in advancing a Treaty in the Northern Territory since the call for a\nnational treaty in the historic Barunga Statement by the Northern and Central\nLand Councils.\nThe Barunga Statement was presented to former Prime Minister, RJ Hawke\nAC, by Mr Galarrwuy Yunupingu AM and Mr Wenten Rubuntja at the annual\nBarunga Cultural and Sporting Festival on 12 June 1988.\n\nAppendix Barunga Agreement – Memorandum of Understanding\nTreaty Commissioner Act 2020 12\nThe text of the Barunga Statement is as follows:\nWe, the Indigenous owners and occupiers of Australia, call on the\nAustralian Government and people to recognise our rights:\n• to self-determination and self-management, including the freedom to\npursue our own economic, social, religious and cultural development;\n• to permanent control and enjoyment of our ancestral lands;\n• to compensation for the loss of use of our lands, there having been no\nextinction of original title;\n• to protection of and control of access to our sacred sites, sacred objects,\nartefacts, designs, knowledge and works of art;\n• to the return of the remains of our ancestors for burial in accordance with\nour traditions;\n• to respect for and promotion of our Aboriginal identity, including the\ncultural, linguistic, religious and historical aspects, and including the right\nto be educated in our own languages and in our own culture and history;\n• in accordance with the universal declaration of human rights, the\ninternational covenant on economic, social and cultural rights, the\ninternational covenant on civil and political rights, and the international\nconvention on the elimination of all forms of racial discrimination, rights\nto life, liberty, security of person, food, clothing, housing, medical care,\neducation and employment opportunities, necessary social services and\nother basic rights.\nWe call on the Commonwealth to pass laws providing:\n• A national elected Aboriginal and Islander organisation to oversee\nAboriginal and Islander affairs;\n• A national system of land rights;\n• A police and justice system which recognises our customary laws and\nfrees us from discrimination and any activity which may threaten our\nidentity or security, interfere with our freedom of expression or\nassociation, or otherwise prevent our full enjoyment and exercise of\nuniversally recognised human rights and fundamental freedoms.\nWe call on the Australian Government to support Aborigines in the\ndevelopment of an international declaration of principles for indigenous\nrights, leading to an international covenant.\nAnd we call on the Commonwealth Parliament to negotiate with us a Treaty\nrecognising our prior ownership, continued occupation and sovereignty\nand affirming our human rights and freedom.\n\nAppendix Barunga Agreement – Memorandum of Understanding\nTreaty Commissioner Act 2020 13\nThe call for the Commonwealth Parliament to negotiate a national treaty has\nyet to be realised. However, thirty years later, the Aboriginal Land Councils\nremain fully committed to the goals and aspirations articulated in the Barunga\nStatement.\nThe NTG, for the first time in its history, is also committed to commencing\ndiscussions on developing a Treaty (or Treaties) in the Northern Territory with\nAboriginal Territorians. It has established an Aboriginal Affairs Sub-\nCommittee of the Northern Territory Cabinet to advance a number of\nAboriginal Affairs priorities including a Treaty.\nThe Aboriginal Land Councils wrote to the Chief Minister of the Northern\nTerritory on 2 March 2018 proposing to reach an MOU with the NTG outlining\na consultation process for a Treaty with Aboriginal people that is led by\nAboriginal people.\nAt an historic meeting between the Aboriginal Land Councils and the NTG on\n23 March 2018 in Alice Springs it was agreed to establish a Treaty Working\nGroup to develop the MOU.\nIt is intended that this MOU provides the opportunity, building on the\nsignificance of the 30th anniversary of the Barunga Statement, to facilitate\nconsultation with all Aboriginal people in the Northern Territory to allow for a\nframework to be agreed for negotiating a Treaty.\nSubject to the Northern Territory (Self-Government) Act 1978, the Legislative\nAssembly has power, with the assent of the Administrator or the\nGovernor-General to make laws for the peace, order and good government of\nthe Territory.\nIt is acknowledged that there is a range of Aboriginal interests in the Northern\nTerritory and that all Aboriginal people and their representative bodies must\nhave the opportunity to engage fully in the process agreed to in this MOU.\nIt is further acknowledged that non-Aboriginal Territorians need to be brought\nalong with this process.\nIt is understood that the use of the word Treaty in this MOU also includes the\nplural “Treaties” should the proposed framework include provision for\nnegotiating multiple treaties.\n\nAppendix Barunga Agreement – Memorandum of Understanding\nTreaty Commissioner Act 2020 14\nIT IS AGREED BY THE NORTHERN LAND COUNCIL, THE CENTRAL LAND\nCOUNCIL, THE ANINDILYAKWA LAND COUNCIL AND THE TIWI LAND\nCOUNCIL and THE NORTHERN TERRITORY GOVERNMENT as follows:\nPRINCIPLES GUIDING THE TREATY CONSULTATION PROCESS\n1. It is envisaged that should a Treaty ultimately be negotiated, it will be\nthe foundation of lasting reconciliation between the First Nations of the\nTerritory and other citizens with the object of achieving a united\nNorthern Territory.\n2. All Aboriginal people of the Northern Territory need to be heard and the\nconsultation process agreed to in this MOU needs to be inclusive,\naccessible and transparent to all.\n3. Traditional owners, as the original owners and occupiers of the\nNorthern Territory, and represented by the Aboriginal Land Councils,\nare integral to consultation concerning a Treaty.\n4. All Territorians should ultimately benefit from any Treaty that is agreed\nin the Northern Territory.\n5. The NTG must not exclude from discussions any legitimate issue\nraised by the Parties or other Aboriginal people for inclusion in a Treaty\nwhile the consultation process agreed to in this MOU is underway.\n6. It is agreed that:\na) Aboriginal people, the First Nations, were the prior owners and\noccupiers of the land, seas and waters that are now called the\nNorthern Territory of Australia.\nb) The First Nations of the Northern Territory were self-governing\nin accordance with their traditional laws and customs; and that\nc) First Nations peoples of the Northern Territory never ceded\nsovereignty of their lands, seas and waters.\n7. It is also agreed there has been deep injustice done to the Aboriginal\npeople of the Northern Territory, including violent dispossession, the\nrepression of their languages and cultures, and the forcible removal of\nchildren from their families, which have left a legacy of trauma, and loss\nthat needs to be addressed and healed.\n8. The Treaty must provide for substantive outcomes and honour the\nArticles of the United Nations Declaration on the Rights of Indigenous\nPeoples.\n9. Recognising that a treaty is of much wider significance than a normal\nagreement between the State and Indigenous peoples, it is also\nrecognised that Treaty making involves the acceptance of\nresponsibilities and obligations by all parties;\n10. The Treaty should aim to achieve successful co-existence between all\nTerritorians that starts with ‘truth telling’ which involves hearing about,\nacknowledging and understanding the consequences of the Northern\nTerritory’s history.\n\nAppendix Barunga Agreement – Memorandum of Understanding\nTreaty Commissioner Act 2020 15\nOBJECTIVES OF THE MEMORANDUM OF UNDERSTANDING:\nThe objective of this MOU is to agree about and to implement a consultation\nprocess to be led by an independent Treaty Commissioner, which will inform\nthe development of an agreed framework to negotiate a Northern Territory\nTreaty.\nThis framework may focus on, but not be limited to, the following areas:\n• Agreement as to what a treaty is and its potential contents;\n• What a Northern Territory treaty will seek to achieve;\n• Whether there should be one or multiple treaties;\n• What outcomes are possible under a Treaty for Aboriginal people that\nencompass recognition as First Nations, rights, obligations and\nopportunities; and\n• What the best process is for negotiating a Treaty.\nThe key objective of any Treaty in the Northern Territory must be to achieve\nreal change and substantive, long term, benefits for Aboriginal people. A\nTreaty needs to address structural barriers to the wellbeing of Aboriginal\npeople in the Northern Territory and provide for economic, social and cultural\nbenefits.\nAPPOINTMENT OF AN INDEPENDENT TREATY COMMISSIONER\nThe NTG will appoint an independent Aboriginal person as Treaty\nCommissioner. The appointment, role and functions of the Treaty\nCommissioner will be enacted in legislation, the contents of which shall be\nagreed by the parties.\nIn the interim the Chief Minister shall appoint the Treaty Commissioner to\nconsult, inquire, report and make recommendations in accordance with Terms\nof Reference agreed by the parties. The Terms of Reference shall outline, in\naccordance with this MOU, the role, responsibilities, outputs, reporting\nrequirements, term of appointment and qualifications of the Treaty\nCommissioner.\nThe role and functions are to include:\n1. Consultation with all Aboriginal people and their representative bodies in\nthe Northern Territory about their support for a Treaty and on a suitable\nframework to further Treaty negotiations with the NTG;\n2. Providing a public report to the Chief Minister on the outcomes of the\nconsultation process and a proposed framework for Treaty negotiations; and\n3. Facilitating conversations for a possible Treaty framework process between\nthe NTG, Aboriginal Land Councils and other Aboriginal representative\nbodies, and community groups.\n\nAppendix Barunga Agreement – Memorandum of Understanding\nTreaty Commissioner Act 2020 16\nThe Treaty Commissioner will be independent of the NTG and Aboriginal\nLand Councils. The reasonable costs of a Treaty Commissioner to perform\nthe roles and functions and achieve the objectives listed in this agreement, will\nbe paid for by the NTG.\nCONSULTATION PROCESS\nThe Treaty Commissioner will devise and implement an Aboriginal-led\nconsultation program after discussions with the Treaty Working Group. That\nprogram will have two stages and include:\n• In the first stage (to take no more than 12 months), advising and\nsharing information and ideas about different experiences nationally\nand internationally and models of what a Treaty could be with\nAboriginal Territorians;\n• Explanations of the legal context of a Northern Territory Treaty;\n• Initial consultations to determine the level of interest in a Treaty\namongst Aboriginal Territorians and the provision of an interim report\nby the Treaty Commissioner to the Chief Minister to be tabled in the\nLegislative Assembly;\n• At the start of the second stage, release of a public Discussion Paper\nto help facilitate informed discussions among Aboriginal people that are\nfocussed on reaching a consensus on particular positions with respect\nto a Treaty;\n• Translating the Discussion Paper into the major Aboriginal languages\nin the Northern Territory (including audio translations) by the Northern\nTerritory Aboriginal Interpreter Service;\n• Multiple methods for Aboriginal Territorians to give feedback;\n• Consultations will follow a structured and principled process utilising an\nidentical agenda for consistency across locations;\n• Land councils will provide advice to the Treaty Commissioner on\nlocations for regional and remote consultations taking into account\nsmall, medium and large communities and homelands; and\n• A final report on outcomes of consultations about a possible Treaty and\nproposing a framework for a Treaty to proceed. The report is to be\nprovided to the Chief Minister within 18 months of the conclusion of the\nfirst stage, tabled in the Northern Territory Legislative Assembly and\nshall be publicly released by the Chief Minister within 21 days of its\nreceipt.\nCoordination and Support\nThe NTG and the Land Councils will cooperate to support the consultation\nprocess to be undertaken by the Treaty Commissioner in regional and remote\nlocations.\n\nAppendix Barunga Agreement – Memorandum of Understanding\nTreaty Commissioner Act 2020 17\nThe Parties will work together with the Treaty Commissioner to establish\nconsultation protocols for Treaty matters. This will include ensuring the\nongoing cooperation of all Parties in consultations across the Northern\nTerritory and the provision of consistent information. Respective parties will\nalso keep the Treaty Commissioner informed of any discussions concerning a\nTreaty to enable all Aboriginal voices to be heard by the Commissioner.\nTREATY WORKING GROUP\nThe Northern Territory Treaty Working Group membership will continue to\ncomprise senior representatives of the NTG and Aboriginal Land Councils.\nHowever, by agreement, after the signing of the MOU, its membership will be\nreviewed and opened up to other Aboriginal representative bodies and\ncommunity groups in the Northern Territory to also participate.\nAfter the appointment of the Treaty Commissioner the continuation and terms\nof reference for the Treaty Working Group will be further reviewed.\nRELATED MATTERS\nConstitutional Recognition of Aboriginal and Torres Strait Islander Peoples\nAt the time this MOU is being signed, the Commonwealth Parliament has\nestablished a Joint Select Committee on Constitutional Recognition Relating\nto Aboriginal and Torres Strait Islander Peoples 2018.\nThis follows a constitutional convention on 23-26 May 2017 that brought\ntogether over 250 Aboriginal and Torres Strait Islander leaders at the foot of\nUluru in the Northern Territory on the lands of the Aṉangu people. The\nmajority resolved, in the ‘Uluru Statement from the Heart’, to call for the\nestablishment of a ‘First Nations Voice’ in the Australian Constitution and a\n‘Makarrata Commission’ to supervise a process of ‘agreement-making’ and\n‘truth-telling’ between governments and Aboriginal and Torres Strait Islander\npeoples.\nThe NTG and Aboriginal Land Councils agree to contribute to the\ndeliberations of the Joint Select Committee and hope that it will be possible to\nachieve constitutional recognition that also includes a Commonwealth treaty\nmaking process.\nNegotiating a Northern Territory Treaty does not remove the need for a Treaty\nat a national level, accompanied by ‘truth telling’ or a voice to the Parliament.\nA Northern Territory Treaty cannot address all the consequences of the British\ntaking control of the land, seas and waters of the Northern Territory and its\nlegacy of injustice. A Federal treaty process is a crucial next step in our\njourney as a nation.\n\nAppendix Barunga Agreement – Memorandum of Understanding\nTreaty Commissioner Act 2020 18\nSTATUS OF THE MEMORANDUM OF UNDERSTANDING\nThe Parties do not intend any of the provisions of this Agreement to be legally\nenforceable. However, that does not lessen the commitment of the Parties to\nfully implementing the Agreement in a transparent, consultative and\naccountable manner.\nTo facilitate this, it is agreed by the Parties that the Agreement will be\npublished immediately on the websites of the Parties once it is signed and\ntabled in the Legislative Assembly as soon as possible and that quarterly\nupdates will be made publicly available by the Treaty Commissioner.\nTIMEFRAME, MODIFICATION AND TERMINATION\nThe term of this MOU is for a period of three years, starting on 8 June 2018,\nunless otherwise extended or terminated.\nAny modification or extension of this Memorandum must be in writing and\nsigned by all parties.\nIt is not intended that any party will seek to withdraw from this Memorandum.\nHowever, should they contemplate doing so, it is agreed that this should be a\nlast resort because one or more parties are unable to resolve their concerns\nand only after consulting with all other parties and doing their utmost to settle\ndifferences in the interests of all Territorians.\nEXECUTED AS A MEMORANDUM on this eighth (8th) day of June 2018 at\nBarunga, Northern Territory.\n----------------------------------------------\nThe Honourable Michael Gunner MLA Chief Minister of the Northern Territory\nfor and on behalf of the Northern Territory of Australia\n--------------------------------------------\nChair of Northern Land Council\n--------------------------------------------\nChair of Central Land Council\n--------------------------------------------\nChair of Anindilyakwa Land Council\n--------------------------------------------\nChair of Tiwi Land Council\n\nENDNOTES\nTreaty Commissioner Act 2020 19\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nTreaty Commissioner Act 2020 (Act No. 24, 2020)\nAssent date 10 July 2020\nCommenced 11 July 2020 (s 2)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act implements the Barunga MOU (s4, Appendix) but alters form and some procedural details. It formalises appointment, eligibility (including a 5‑year political affiliation bar) and removal rules (ss7–9, 15), vests remuneration and staffing conditions with the Administrator (s10, s18) and gives the Minister authority to affect reporting timing (s12(2)). The MOU’s detailed consultation steps (e.g. staged 12‑month first stage, translation obligations) are not prescribed in identical terms in the Act; instead the Commissioner is given broad powers to design procedures (s11(2))."},"complexity_factors":["Creates a new statutory office with specific appointment, suspension and termination procedures (ss5, 7, 15).","Eligibility rules include recent political affiliation and cross‑references to other statutes (s8; Electoral Act 2004, Audit Act 1995).","Reporting regime has fixed interim/final reports but allows Ministerial extension with endorsement of Land Council Chairs (s12(2)).","Chairperson endorsement requirement for appointment, reappointment and certain staff processes concentrates a non‑executive gate (s7(2), s9, s18(3)).","Procurement exemption for Deputy appointment subject to Land Council endorsement increases procedural interdependence (s18(2)–(3)).","Broad, open‑ended powers to consult and do anything necessary for functions (s11(2)(a),(e)) create discretionary scope.","Suspension process combines executive action and a two‑thirds Legislative Assembly termination threshold (s15(1),(5)).","Transitional validation of prior non‑statutory acts and a specified prior appointment add temporal complexity (ss23–24)."],"plain_english_summary":"Creates a statutory Office of the Treaty Commissioner (s5) and appoints an Aboriginal Treaty Commissioner for a three‑year term (s7, s9). The Commissioner must consult Territory Aboriginal Land Councils and Aboriginal Territorians, research treaty options, and deliver interim and final public reports (s11–12).  \n\nThe Act establishes independence and limited immunity (s6, s21), prescribes eligibility and Chairperson endorsement for appointment (s8, s7(2)), and vests timing, staffing and remuneration decisions with the Minister and Administrator within statutory limits (s10, s12, s18). The Appendix records that the NT Government will meet reasonable costs."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the Office of the Treaty Commissioner to implement the Barunga Agreement. The scope has not expanded beyond creating the statutory framework for the Commissioner, defining their functions (consultation, research, reporting on treaty possibilities), and setting administrative arrangements. The inclusion of the full Barunga Agreement as an Appendix reinforces rather than expands the original intent."},"complexity_factors":["Straightforward structure with only 4 Parts and 24 sections plus an Appendix","Minimal cross-referencing – primarily internal references to other sections of the same Act","Only 5 defined terms in section 3, plus a few additional definitions in section 8(4) and section 22","Clear, linear logic without nested exceptions or heavily conditional provisions","Some complexity in eligibility requirements (section 8) with multiple disqualification categories and a 5-year lookback period for political donations/affiliations","Transitional provisions (sections 23-24) specific to validating prior actions of the initial Commissioner","Appendix contains the full Barunga Agreement MOU, which adds substantial length but is explanatory rather than operative"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a new independent government body called the **Office of the Treaty Commissioner** (also known as the \"Treaty Commission\") in the Northern Territory. Its main job is to figure out whether Aboriginal people in the Territory want a treaty (or treaties) with the government, and if so, what that treaty should look like.\n\n**Who it affects:**\n\n*   **Aboriginal people in the Northern Territory** – particularly those represented by the four Territory Aboriginal Land Councils (Anindilyakwa, Central, Northern, and Tiwi). The Commissioner must consult with them about treaty options.\n*   **The Treaty Commissioner** – an independent Aboriginal person appointed for a 3-year term who leads this work. They must be endorsed by all four Land Council Chairpersons and meet strict eligibility rules (no recent political affiliations, not a judge or politician, etc.).\n*   **The Northern Territory Government** – which must fund the office, receive reports, and table them in Parliament.\n*   **All Territorians** – because the Act aims to promote awareness and facilitate conversations about treaty across the whole community.\n\n**Why it matters:**\n\nThis legislation formalises a commitment made in the **Barunga Agreement** (attached as an Appendix), which recognises that Aboriginal people never ceded sovereignty over their lands. It creates a structured, Aboriginal-led process to explore whether a treaty can address historical injustices, provide economic and cultural benefits, and achieve reconciliation. The Act also validates work already done by the previous (non-statutory) Treaty Commissioner, Professor Mick Dodson, ensuring continuity in the treaty conversation.\n\n**Key features:**\n\n*   **Independence:** The Commissioner cannot be told what to do by the government or anyone else.\n*   **Mandatory reporting:** The Commissioner must provide an interim and final report to the Minister, who must release them publicly and table them in the Legislative Assembly.\n*   **Strict appointment rules:** The Commissioner must be Aboriginal, independent, and endorsed by all four Land Councils.\n*   **Protection:** The Commissioner and staff are protected from personal liability when acting in good faith."}},"importantCases":[],"_links":{"self":"/api/acts/treaty-commissioner-act-2020","history":"/api/acts/treaty-commissioner-act-2020/history","analysis":"/api/acts/treaty-commissioner-act-2020/analysis","conflicts":"/api/acts/treaty-commissioner-act-2020/conflicts","importantCases":"/api/acts/treaty-commissioner-act-2020/important-cases","documents":"/api/acts/treaty-commissioner-act-2020/documents"}}