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Reconciliation Bill 2001 [2004]

Part 4 A negotiation and agreement process to resolve issues for reconciliation between Aboriginal and Torres Strait Islander peoples and the Government

8   A negotiation process to facilitate resolution of reconciliation matters

             (1)  The Prime Minister must immediately begin negotiations with ATSIC to develop a process which will unite all Australians by way of an agreement or treaty through which the unresolved issues for reconciliation can be resolved.

             (2)  The negotiation process developed under subsection (1) must:

                     (a)  identify the parties to be involved; and

                     (b)  provide for negotiations to be undertaken having regard to the work of the National Conventions under Part 3; and

                     (c)  be in place by 31 December 2001, or as soon as practicable thereafter using the best endeavours of the Prime Minister and ATSIC.

9   Protocols

                   The negotiation processes developed and carried out under section 8 must be guided by a set of principles to be decided by the parties to negotiation, including:

                     (a)  dealing in good faith, and with a view to reaching agreement; and

                     (b)  mutual recognition and respect, including:

                              (i)  recognition of the status of Aboriginal and Torres Strait Islander peoples and protection of their civil, political, economic, social and cultural rights; and

                             (ii)  recognition of government and Aboriginal and Torres Strait Islander protocols; and

                     (c)  equitable and sufficient provision of resources to ensure effective participation by all parties in negotiations; and

                     (d)  other matters that are agreed between the parties.