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YMAC best practice Standards

Standard-3

Jointly define and agree a process to deliver a shared outcome

How to implement this Standard

Key elements

  • Develop a framework around a set of agreed criteria that can be applied consistently over the lifecycle of the project. This promotes clear understanding, transparency, accountability, and certainty for Prescribed Bodies Corporate (PBCs) and Proponents.
  • Create a Communications/Way-of-Working ("WOW") protocol that includes a meeting schedule, project monitoring and agreement review, how gaps will be addressed, how conflicts of interest will be managed, and how project approvals and announcements will be managed for the life of the project. A protocol can be developed over time and be tailored for the parties as their needs require. What is important is that the parties clearly understand and document how they will communicate and progress during early and continuing stages of the project.
  • Conduct project activities in a culturally appropriate manner, specifically in relation to roles and responsibilities, communications between parties, announcements, meetings, and budgets.
  • Appoint an 'Engagement Coordinator' and assign specific roles and responsibilities to individuals in the PBC and the Proponent.
  • Strive for accountable and separate governance between the PBC and the Proponent, including risk management for reputational, commercial or other risks.
  • Define and agree on a process for conflict or dispute resolution. Robust discussion should be expected, and a formal resolution process will ensure compliance with the free, prior, and informed consent (FPIC) requirement that there be no coercion, intimidation or manipulation. Noting also, whilst FPIC does not require unanimity, the absence of a dispute resolution process can undermine trust, create uncertainty, delays, and cost blowouts.
  • Develop clear policies and procedures for managing actual or perceived conflicts of interest involving the PBC Board. This will provide certainty in the project and, importantly, avoid delays.
  • A planned schedule of meetings for each relevant period facilitates an effective engagement process (between the PBC and the Proponent), allows time for meetings to be prioritised, ensures the right people are in attendance from both parties, and promotes a successful agenda.
  • Agree a budget estimate early and review it regularly for clarity around costs to be paid by the Proponent and any that will be met by the PBC before they are incurred. It is common practice for the Proponent to take responsibility for its own costs in relation to the negotiation and implementation of the agreement, as well as all reasonable costs incurred by the PBC, including the engagement of experts.
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Country is our mother, the provider and keeper of cultural belongings. Country and Culture go together. You can’t have one without the other.

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