How the Treaty Authority Performs its Role
The Treaty Authority’s role is authorised by law and set out in formal agreements
The Treaty Authority must carry out its role in compliance with the:
Treaty Negotiation Framework the agreement that sets out the rules of Treaty, including detailed information about our role in Treaty-making.
Treaty Authority Agreement 2022 the agreement between the First Peoples’ Assembly of Victoria and the State of Victoria which established the Treaty Authority and governs how we work.
Treaty Authority and other Treaty Elements Act 2022 (Vic) the law that sets out the Treaty Authority’s legal capacity, additional functions and powers, and how we are funded.
Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic) – the law that required the First Peoples’ Assembly of Victoria and the State of Victoria to work together to establish the Treaty Authority and that sets out our functions.
The Treaty Authority’s values and aims underpin everything we do
The Treaty Authority’s values are:
Fairness
Honour
Responsibility
Connection
Important principles
guide the way
The Treaty Authority’s work is guided by the following principles:
- We uphold self-determination and empowerment
- We treat all people with respect and professionalism
- We have culturally strong and safe processes
- Our processes are conducted in good faith to advance Treaty
- We ensure all interested parties have the opportunity to be heard
- We are independent and free from interference
- We are impartial (our decisions and actions are fair and culturally sound)
- We observe and uphold Aboriginal Lore, Law and Cultural Authority, and respect for Elders
- We uphold Indigenous Data Sovereignty and Governance
- We recognise the operating context of all parties and
We act compatibly with human rights.
The Treaty Negotiation Framework sets out principles, standards and protocols to ensure Treaty negotiations are fair, inclusive and culturally appropriate.
There are also Negotiation Standards that parties must comply with
Self-determination and empowerment is the central principle for Treaty. Although it can mean different things for different groups, it typically means that decisions about First Peoples’ affairs are made by First Peoples.
The other principles that must be followed by all parties to the Treaty process (including the Treaty Authority) are:
- Fairness and equality
- Partnership and good faith
- Mutual benefit and sustainability and
- Transparency and accountability.
The Treaty process is guided by principles protected by law
To address the ongoing power imbalance between First Peoples and the State of Victoria, all parties to Treaty negotiations must comply with Negotiation Standards.
The Negotiation Standards say that Treaty negotiations should:
- Encourage fairness, trust and good faith
- Promote an open exchange of ideas
- Promote frank discussion and collective problem-solving
- Be inclusive
- Happen in a safe, supportive and culturally appropriate environment
- Include ways to address power imbalances
- Recognise Aboriginal Lore, Law and Cultural Authority and
- Respect First Peoples’ diversity, governance and practices of belonging.
The Victorian Government must comply with additional standards, such as being open and honest about its interests and limitations in Treaty negotiations.
To find out more, see clause 24 of the Treaty Negotiation Framework.
Parties also develop their own Negotiation Protocols
As well as the Negotiation Standards that apply to all Treaty negotiations, negotiating parties have to agree on their own Negotiation Protocols or ‘rules’ about:
- Where negotiations will happen
- How negotiations will be run
- Different roles and responsibilities
- How to agree on additional parties
- What topics will be negotiated
- Timelines for negotiations.
These protocols are dynamic and can change over time to suit the changing needs of the negotiating parties – such as if a Treaty Delegation changes or a new negotiating party is added.
To find out more, see clause 26 of the Treaty Negotiation Framework.