Explanatory Statement Treaty Commissioner Bill 2020 (Serial 119)
Tabled paper 1536
Tabled papers for 13th Assembly 2016 - 2020; Tabled papers; ParliamentNT
Tabled by Selenia Uibo
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
Department of the Legislative Assembly
Page 3 of 5 Clause 10 Conditions of appointment This clause clarifies the conditions of the Treaty Commissioners appointment. Importantly, this clause makes it clear that the conditions of appointment cannot compromise the Treaty Commissioners independence. Clause 11 Functions and powers This clause details the Commissioners functions and powers. These have been lifted directly from the Barunga Agreement. Clause 12 Reporting This clause details the Treaty Commissioners reporting requirements and require an interim report and Discussion Paper followed by a final report. The clause also requires tabling and public release of these reports. The clause allows for the possibility of an extension of time, however extensions must be endorsed by the Chairperson of each of the four Territory Aboriginal Land Councils. Part 3 Administrative matters Clause 13 Vacancy in office This clause lists circumstances upon which the Treaty Commissioners role may be vacated. Clauses 14 and 15 to follow provide details in relation to those circumstances. Subsection 2 provides that the role may not be vacant for more than six months. This aligns with clause 17, where an Acting Treaty Commissioner can only be appointed for a maximum of six months in any 12 month period. Clause 14 Resignation This clause allows the Treaty Commissioner to resign in writing. Clause 15 Suspension and termination of appointment This clause goes into detail about the circumstances in which the Treaty Commissioner can be suspended or terminated and the processes to be followed if this is to be enacted. The circumstances primarily relate to either incapacity or a determination that the Treaty Commissioner has engaged in corrupt conduct. Clause 16 Leave of absence This clause allows the Minister to grant the Treaty Commissioner a leave of absence at his or her discretion.
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