Template

WORKING GROUP AGREEMENT
THIS AGREEMENT IS MADE ON THE DAY OF 1997

THIS IS AN AGREEMENT IN PRINCIPLE BETWEEN:

(a) the Registered Native Title Claimants for certain native title determination applications lodged with the National Native Title Tribunal (as set out in Attachment A to this Agreement) on behalf of the Aboriginal people of the <name> region of <State/Territory> (the "Claimant Groups"); and

(b) other Aboriginal people who have not lodged native title determination applications with the National Native Title Tribunal, but who hold native title rights in accordance with the laws, traditions and customs of the Aboriginal people of the <name> region,

(together the "Native Title Parties").

BACKGROUND:

1. Some of the Native Title Parties have previously agreed with each other to establish a working group to advance and protect the interests of Native Title Holders in the <name> region.

2. Differences have arisen between some of the Native Title Parties.

3. All of the Native Title Parties now wish to put these differences behind them and to co-operate between themselves in order to advance their common interests. To do this, the Native Title Parties agree to form a working group (the "Working Group") and at a later stage, to establish a body corporate which will represent all of them (the "Body Corporate").

THE BASIC PRINCIPLES:

4. The Native Title Parties agree upon the following principles as the basis for their co-operation:

4.1 The Native Title Parties recognise and accept that they all form part of the one cultural group in the <name> region in accordance with their laws, traditions and customs.

4.2 The interests of Aboriginal people who hold native title rights in the <name> region will be represented by one inclusive and consolidated native title determination application to be lodged with the National Native Title Tribunal.

4.3 All Aboriginal people who hold native title rights and interests in the <name> region will be members of the Working Group.

4.4 The Working Group will seek the assistance of the relevant Representative Bodies established under section 202 of the Native Title Act 1993 (Cth).

4.5 The Native Title Parties agree that certain research will be undertaken in relation to the connection of the Native Title Parties to the land.

4.6 The Native Title Parties agree that the Working Group will make an application to the relevant Representative Body to be put to ATSIC seeking a once-off grant to pay for outstanding fees incurred by any of the existing Claimant Groups in preparing and lodging an application for a native title determination with the National Native Title Tribunal (as listed in Attachment B).

4.7 The Native Title Parties agree that the Working Group will appoint legal representatives to represent the Working Group as a whole and a negotiator to negotiate with mining companies on behalf of the Working Group.

THE WORKING GROUP AND THE STEERING COMMITTEE:

5. 5.1 The Native Title Parties in the <name> region agree:

(a) to establish and work together on a Working Group to advance their common interests; and
(b) at a later stage, to establish a Body Corporate to formalise the Working Group arrangements.

5.2 The Native Title Parties have agreed to choose a Steering Committee to be the interim decision making body for the Working Group until the Body Corporate is established and a Governing Committee of the Body Corporate is set up under a Constitution of the Body Corporate.

5.3 The Steering Committee will look after the day to day affairs of the Working Group and will undertake the tasks set out in this Agreement and other work required to establish the Body Corporate.

5.4 The Steering Committee is made up of 2 representatives from each of the Claimant Groups and the <add others where appropriate> as listed in Attachment B to this Agreement.

5.5 The Steering Committee is empowered to change its membership from time to time, by a consensus decision.

5.6 The Native Title Parties agree that the representatives from each of the Claimant Groups and the <add others where appropriate> on the Steering Committee (as listed in Attachment B or as changed from time to time by a consensus decision) will be the only people who can vote on behalf of each of the Claimant Groups or families which they respectively represent.

5.7 Any of the Native Title Parties who are not on the Steering Committee are allowed to attend and speak at any meeting of the Steering Committee.

5.8 All members of the Working Group must have the opportunity to be informed and consulted about the work of the Steering Committee.

5.9 The Chairperson of the Steering Committee (appointed according to 5.13) will, if possible, give Steering Committee members seven days written notice of the next Steering Committee meeting.

5.10 The quorum for a meeting of the Steering Committee will be two thirds of the Claimant Groups and families listed in Attachment B.

5.11 Decisions of the Steering Committee will be made by consensus. In the event that consensus is not achieved, the Dispute Resolution Mechanism in 6 shall apply.

5.12 Any member of the Steering Committee may appoint a proxy to attend any meeting of the Steering Committee on his or her behalf. The proxy has the same rights as the member of the Steering Committee who has appointed the proxy, including voting rights.

5.13 5.13.1 The Steering Committee shall choose a Chairperson by a consensus decision.

5.13.2 If the chosen Chairperson is not present at a meeting of the Steering Committee, the members of the Steering Committee who are present will choose an acting Chairperson for that meeting by a consensus decision.

5.14 5.14.1 Where a quorum is present and a meeting of the Steering Committee takes place but not all of the Claimant Groups and families are represented, the members of the Steering Group who are present can proceed to make a decision in principle but the Chairperson or the acting Chairperson must advise the absent members of the Steering Committee of that decision in principle and seek the ratification of the absent members within 7 days of the decision in principle being made.

5.14.2 If all the absent members ratify the decision in principle, the decision will take effect as a decision of the Steering Committee from the date that the last absent member notifies his or her ratification of the decision in principle to the Chairperson or the acting Chairperson if the Chairperson is not available.

5.14.3 If the absent members do not ratify the decision in principle or do not notify the Chairperson or the acting Chairperson (as the case may be) of their ratification within 7 days of the decision in principle being made, the decision will not take effect as a decision of the Steering Committee.

5.15 A Register of members (including their names, addresses and contact telephone and fax numbers) of the Working Group will be established immediately upon the signing of this Agreement.

DISPUTE RESOLUTION MECHANISM:

6. 6.1 In the event that a dispute arises between members of the Steering Committee or between any of the Native Title Parties, as to the meaning of the clauses contained in this Agreement or relating to any other matter whatsoever, then before any of the parties take any other action in respect of that dispute, the following procedures shall apply.

6.2 Disputes between members of the Steering Committee or between the Native Title Parties will only be raised at a meeting of the Native Title Parties called for that purpose, and where possible, resolution will be sought through the consensus of the Native Title Parties after discussion.

6.3 If the parties in dispute cannot resolve the dispute within 14 days, the Elders of the families or groups in dispute will meet and try to settle the dispute themselves through consensus.

6.4 If the Elders of the families or groups in dispute cannot resolve the dispute within 14 days of being requested to resolve the dispute, a Council of Elders (made up of one Elder or representative from each Claimant Group or family represented on the Steering Committee) will mediate the dispute.

6.5 If the Council of Elders cannot resolve the dispute within 14 days, any of the parties in dispute can request the Representative Body to mediate between the parties in dispute.

6.6 If the mediation by the Representative Body cannot resolve the dispute within 14 days, the families or Claimant Groups in dispute will refer the dispute to an independent arbitrator nominated by the President of the National Native Title Tribunal (whose appointment all the parties agree to), who will make a final decision to which the families or Claimant Groups in dispute agree to abide.

THE BODY CORPORATE:

7. 7.1 The Body Corporate will be established after a Constitution for the Body Corporate is adopted by a consensus decision of the Steering Committee.

7.2 The Native Title Parties agree that membership of the Body Corporate should be open to all Aboriginal people who hold Native Title rights and interests in the <name> region.

7.3 The Native Title Parties agree that, once it is established, the Body Corporate will have the authority to speak and act on behalf of the Native Title Parties.

THE LEGAL REPRESENTATIVES AND THE NEGOTIATOR:

8. The Steering Committee will choose a legal representative to represent the Working Group (the "Legal Representative") and a negotiator to negotiate with mining companies on behalf of the Working Group and will prepare contracts for their employment with the assistance of the relevant Representative Body.

THE RESEARCH:

9. 9.1 The Legal Representative of the Working Group will choose a Researcher (the "Researcher"), subject to the approval of the Steering Committee.

9.2 The Legal Representative will request the Researcher to undertake research:

(a) for the purposes of advising the Working Group on the strength of the consolidated application; and

(b) to establish the area for which each of the Native Title Parties can speak in accordance with that Native Title Party's traditions, laws and customs (the "Research Work").

9.3 The terms of reference of appointment of the Researcher will provide that the Researcher must complete the Research Work and must submit a Report to the Legal Representatives (the "Research Work Report") within 6 months of appointment (which will be forwarded to the Steering Committee by the Legal Representatives).

9.4 The Native Title Parties agree to co-operate fully with the Researcher and to answer any questions and provide any information requested by the Researcher for the purposes of the Research Work.

9.5 The Native Title Parties agree to abide by and not dispute the findings of the Research Work, except that if any of the Native Title Parties considers that the Research Work is seriously defective or factually incorrect in a substantial respect, the dispute resolution mechanism process in 6 shall apply but the ultimate decision in 6.6 (if made) will be made by a person who is independent of the Native Title Parties and who has experience in Aboriginal laws, traditions and customs.

CONFIDENTIALITY:

10. 10.1 Each of the Native Title Parties agrees to:

(a) hold confidential any confidential information which was made available by another Native Title Party for the purposes of the Research Work (the "Confidential Information");

(b) not disclose or make any Confidential Information known to anyone outside of the Native Title Parties; and

(c) not disclose (unless required by law to do so) or make use of the Confidential Information in any court or Tribunal proceedings about any of the native title determination applications lodged with the National Native Title Tribunal by any of the Claimant Groups.

10.2 Once the Research Work Report has been completed, any Confidential Information which is described in or referred to in the Research Work Report cannot be reproduced without the permission of the Native Title Party who made available that Confidential Information to the Researcher.

WHO CAN SPEAK FOR THE LAND:

11. Within the area of the one consolidated native title determination application (referred to in 4.2 and 13.3) the Native Title Parties agree that each of the Claimant Groups listed in Attachment B and the <add further groups if appropriate> and any other family or group which is identified by the Research Work will have the exclusive right as between the Native Title Parties, to speak for the areas to which each Claimant Group or family or group is found to be associated by the Research Work.

FUTURE ACT MATTERS:

12. 12.1 The Native Title Parties agree that:

(a) the Registered Native Title Claimants for each of the Claimant Groups (as listed in Attachment A) will be allowed to continue with any objection proceedings in expedited procedure matters or any future act negotiations under the Native Title Act 1993 on behalf of their respective Claimant Groups (the relevant Registered Native Title Claimants may request the Steering Committee to do so on their behalf) where:

(i) in relation to an expedited procedure matter, as at the date of lodgment of the consolidated native title determination application lodged with the National Native Title Tribunal, an objection notice has been lodged with the National Native Title Tribunal; and
(ii) in relation to any other future act matter, as at the date of lodgment of the consolidated native title determination application with the National Native Title Tribunal, a native title determination application has been lodged by one of the Claimant Groups within 2 months of a notice having been given under section 29 of the Native Title Act 1993.

(b) in relation to any other expedited procedure matter or any other right to negotiate which arises after the date of lodgment of the consolidated native title determination application with the National Native Title Tribunal, the Steering Committee will lodge objection notices or will conduct negotiations with the grantee parties (as the case may be) on behalf of the registered native title claimants listed on the consolidated native title determination application, in accordance with the future act protocol adopted by the Steering Committee under 13.3.

12.2 Once the Body Corporate is established, the Governing Committee of the Body Corporate will lodge objections or conduct negotiations in place of the Steering Committee in accordance with 12.1(b) and the Constitution of the Body Corporate.

TIMEFRAME:

13. 13.1 The Native Title Parties agree that it is necessary to set up a timeframe for implementing this Agreement. That timeframe should include the following steps:

13.2 The first meeting of the Steering Committee will be held on <date> 1997. At this meeting the Steering Committee will:
(a) elect a Chairperson; and
(b) appoint a researcher or researchers to conduct the research described in 8.1.

13.3 At the meeting on <date> 1997, the Steering Committee will also consider the following items:
(a) preparation and lodgment of a consolidated native title determination application including all Aboriginal people who hold or can assert native title rights in the <name> region;
(b) a draft constitution for the Body Corporate;
(c) the appointment of legal representatives for the Working Group;
(d) the appointment of a negotiator to negotiate with mining companies on behalf of the Working Group;
(e) the development of strategies for conduct of forthcoming plenary mediation conferences of native title determination applications in the <name> region;
(f) the development of a protocol for future act negotiations;
(g) the development of a Press/ Public Statement in relation to the Agreement and the creation of a policy about public statements being made by any of the Native Title Parties;
(h) preparation of a Work Program and a budget to be submitted to the Representative Body;
(i) a submission being made to the relevant Representative Body to be put to ATSIC, seeking a once-off grant for payment of outstanding fees of any of the Claimant Groups;
(j) the establishment of a Trust Fund for receiving financial compensation or other monetary payments for the benefit of the Native Title Holders;
(k) the names of the Working Group and the Body Corporate; and
(l) the draft Agreement between the Representative Body and the Working Group, which is annexed as Annexure C to this Agreement.

13.4 A timetable in which each of the items in 12.3 will be done will be agreed by the Steering Committee at its meeting on <date>1997.

AMENDMENT:

14. The Native Title Parties agree that this Agreement can be changed, amended and/or further developed by agreement in writing between the parties, to take account of changing circumstances.

SIGNED BY THE FOLLOWING PEOPLE ON BEHALF OF THE CLAIMANT GROUPS AND FAMILIES
PERSON SIGNING: CLAIMANT
GROUP

ATTACHMENT A

REGISTERED NATIVE TITLE CLAIMANTS
(as at <date>97)
REGISTERED CLAIMANT
NATIVE GROUP:
TITLE
CLAIMANTS:

ATTACHMENT B

STEERING COMMITTEE MEMBERS

NAME: CLAIMANT
GROUP
/FAMILY:

ATTACHMENT C

AGREEMENT WITH REPRESENTATIVE BODY

THIS AGREEMENT IS MADE ON THE DAY OF 1997

BETWEEN THE <name> REPRESENTATIVE BODY (the "Representative Body")

AND THE <name> WORKING GROUP established by an Agreement between Aboriginal people of the <region> region of <State/Territory> who have lodged native title determination applications with the National Native Title Tribunal and other Aboriginal people who hold Native Title rights in the <name> region (together the "Working Group")

THE PARTIES TO THIS AGREEMENT HAVE AGREED AS FOLLOWS:

1. This is an Agreement in principle between the Working Group and the Representative Body.

2. The Representative Body has been determined under section 202 of the Native Title Act 1993 (Cth) as the Representative Body for the <name> region of <State/Territory> as depicted in the attached map (see Attachment A).

3. The members of the Working Group have agreed with each other to work together to advance and protect the interests of Native Title holders in the <name> region and, at a later stage, to establish a body corporate to formalise the Working Group arrangements (the "Working Group Agreement").

4. Differences have arisen previously between some of the members of the Working Group and the Representative Body.

5. All the members of the Working Group and the Representative Body now wish to put these differences behind them and to co-operate between themselves in order to advance their common interests.

6. The Representative Body has agreed to provide assistance and support to the Working Group generally and has agreed to provide the assistance set out in this Agreement.

7. The Representative Body agrees in principle to provide similar assistance and support to a body corporate comprising members of the Working Group if such a body corporate is established and will enter into a new Agreement between itself and the body corporate for this purpose.

THE BASIC PRINCIPLES:

8. The Working Group and the Representative Body agree on the following principles as the basis for their co-operation:

8.1 The Working Group should be funded and provided with administrative support by the Representative Body so that it can control its own destiny subject to the funding policies applied by ATSIC from time to time and the need for accountability about the use of money.

8.2 The Representative Body will, if requested to do so by the Working Group, act as mediator between members of the Working Group who are in dispute, to try to resolve their differences.

8.3 The Representative Body agrees to provide such other assistance as is required by the Working Group from time to time.

TIMEFRAME:

9. The Working Group and the Representative Body agree that it is necessary to set up a timeframe for implementing this Agreement. That timeframe should include the following steps:

9.1 The Steering Committee established under Working Group Agreement ("the Steering Committee") agrees to prepare a budget setting out its estimated financial needs for the next <period> and to give it to the Representative Body for its consideration on or before the adoption of the Working Group's Constitution.

9.2 The budget will incorporate items such as:
(a) office administration;
(b) capital items;
[List items]

9.3 The Representative Body will advise the Steering Committee of its offer of administrative support and the extent of funding for representation and conditions attached to such funding on or before the expiration of 28 days from the submission of the budget to the Representative Body.

9.4 The Representative Body (with the assistance of the National Native Title Tribunal if required) will ascertain on or before <date> whether <name group> wish to be part of this Agreement.

INTERIM ARRANGEMENTS

10. 10.1 The Steering Committee will supervise the implementation of this Agreement and the Working Group Agreement in conjunction with nominated officers of the Representative Body.

10.2 All the parties to this Agreement agree that the way in which they will operate under this Agreement is generally to be in line with an agreed set of principles which shall be incorporated into the Constitution of the Working Group, as provided under the Working Group Agreement.

AMENDMENT:

11. All parties to this Agreement agree that this Agreement can be changed, amended and/or further developed by agreement in writing between the parties to take account of changing circumstances.

[TO BE SIGNED BY THE MEMBERS OF THE STEERING COMMITTEE AND THE RELEVANT REP. BODY]