Statewide Treaty Act 2025 (Vic)
Version No. 001
Statewide Treaty Act 2025
No. 45 of 2025
Version as at
14 November 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Objects and principles
3Commencement
4Definitions
5Act does not affect native title rights and interests or certain other rights
6Good faith obligation
7Parliamentary privilege preserved
8Powers are not coercive
Part 2—Gellung Warl
9Objects of this Part and of Gellung Warl
10Establishment of Gellung Warl
11Common seal
12Functions and powers of Gellung Warl
13Gellung Warl not subject to direction or control
14Gellung Warl to engage on local government matters through relevant Minister
15Indemnities
Part 3—The First Peoples' Assembly of Victoria
16Object of this Part
17The First Peoples' Assembly of Victoria
18Functions of the First Peoples' Assembly of Victoria
19Powers of the First Peoples' Assembly of Victoria
20Delegations by the First Peoples' Assembly of Victoria
21Qualification to be a member of the First Peoples' Assembly of Victoria
22Term of office of members of the First Peoples' Assembly of Victoria
23Suspension of a member of the First Peoples' Assembly of Victoria
24Removal from office
25The Chief Executive Officer
26Executive Employment and Remuneration Policy
27Functions of the Chief Executive Officer
28Staff and contractors
29Delegations by Chief Executive Officer
Part 4—Powers to make substantive rules and internal rules
Division 1—Preliminary
30Objects of this Part
Division 2—Substantive rules
31Power of First Peoples' Assembly to make substantive rules
32Substantive rules—recognition and certificates evidencing acceptance by community
Division 3—Internal rules
33Power of First Peoples' Assembly to make internal rules
Division 4—Rule making requirements and other matters
34Other rule making requirements
35Gellung Warl plebiscite required for electoral rules which change First Peoples' Assembly member term periods
36Consultation with Treaty Authority on certain internal rules
37Status of rules under the Subordinate Legislation Act 1994 and Interpretation of Legislation Act 1984
38Certification of proposed internal rule or substantive rule
39Process for making internal rules or substantive rules
40First Peoples' Assembly to publish notice of making of internal rule or substantive rule and make rule and certification available for inspection
41Notice of publication of rule to be given to Minister and Chief Parliamentary Counsel
42Rules commence on day of making or later date as specified in rule
43Acts and statutory rules prevail to extent of any inconsistency
44Validity of internal rules and substantive rules may be disputed
Division 5—Disallowance
45Disallowance of an internal rule or a substantive rule
46Effect of disallowance
47Clerk to publish notice of disallowance
48Transmission of documents to Parliament
Part 5—First Peoples' Assembly guidelines and standards and statutory appointments
49Objects of this Part
50First Peoples' Assembly guidelines and standards
51Rules and policies to support guidelines and standards
52Effect of First Peoples' Assembly guidelines and standards
53Requirements in relation to appointment functions
Part 6—Election of general members and appointment of reserved members
54Object of this Part
55Gellung Warl electoral roll
56Conduct of elections
57Validity of elections
58Forfeiture of election donations accepted in contravention of electoral rules
59Dispute of validity of election on application to VCAT
60Powers of VCAT
61Consequences of VCAT's orders
62Appointment of reserved members
Part 7—Addresses and reports to Parliament
Division 1—Preliminary
63Objects of this Part
Division 2—Annual address to Parliament
64Annual address to Parliament
Division 3—Informing Parliament of the effect of proposed legislation on First Peoples
65First Peoples' Assembly to be notified of introduction of Bills
66Statement of Treaty compatibility
67Notification of Bill affecting internal rules or substantive rules
68No effect on Victorian law
69First Peoples' Assembly may request information
70Presiding Officer may invite First Peoples' Assembly to make submission or address
71Requirements for written submission and tabling
72Requirements for address
73Parliamentary committee may request address or written submission
Division 4—Other reports
74First Peoples' Assembly may give report to Parliament
Division 5—General
75No effect on conduct of parliamentary business
Part 8—Representations and advice to State government
Division 1—Preliminary
76Objects of this Part
Division 2—Representation meetings
77What is a representation meeting?
78Conduct of representation meetings
79Representation meeting subject to Cabinet confidentiality
Division 3—Engagement hearing
80Purpose of engagement hearing
81Conduct of engagement hearing
82Transcript or joint communique to be published following engagement hearing
Division 4—Representations and submissions to Ministers
83First Peoples' Assembly may make representations to Ministers
84Minister may request First Peoples' Assembly give information or advice
85Validity of decisions
Division 5—Briefing meetings and Departmental consultation
86Briefing meetings with Secretaries and the Chief Commissioner of Police
87Conduct and timing of briefing meetings
Division 6—Guidelines and duties to consult
88Duty to develop guidelines
Division 7—Representations and submissions to authorities and State-funded service providers
89Representations to authorities and State-funded service providers
Division 8—General
90Statutory obligations to consult
Part 9—Nginma Ngainga Wara
Division 1—Preliminary
91Object of this Part
Division 2—Nginma Ngainga Wara
92Nginma Ngainga Wara
93Purposes of Nginma Ngainga Wara
94Functions of Nginma Ngainga Wara
95Powers of Nginma Ngainga Wara
96Content of recommendations and solutions
97Annual forward plan
98Delegation
99Independence of Nginma Ngainga Wara
Division 3—Appointment of Nginma Ngainga Wara members
100Appointment as Nginma Ngainga Wara member
101Suspension of Nginma Ngainga Wara member
102Resignation and removal from office
Division 4—Inquiries
103Inquiries
104First Peoples' Assembly may direct Nginma Ngainga Wara to conduct inquiry
105Limit on inquiry subject matter
106Nginma Ngainga Wara to conduct inquiry as it thinks fit
107Nginma Ngainga Wara may request information and documents
108Nginma Ngainga Wara may request Minister or agency head to attend
109Outcome of inquiry
Division 5—Monitoring and research
110Monitoring reports
111Research by Nginma Ngainga Wara
112Research reports
Division 6—Referral
113Nginma Ngainga Wara may refer matters
Division 7—Information and reports
114De-identified data agreements
115Access to reports
116First Peoples' Assembly may publish reports
Part 10—Nyerna Yoorrook Telkuna
117Object of this Part
118Nyerna Yoorrook Telkuna
119Purposes of Nyerna Yoorrook Telkuna
120Truth-telling principles
121Functions of Nyerna Yoorrook Telkuna
122Powers of Nyerna Yoorrook Telkuna
123Delegation
124Independence of Nyerna Yoorrook Telkuna
125Appointment as a Nyerna Yoorrook Telkuna member
126Suspension of Nyerna Yoorrook Telkuna member
127Resignation and removal from office
128Collection of information by Nyerna Yoorrook Telkuna
129Publication of truth-telling information
Part 11—Information sharing and confidentiality
Division 1—Preliminary
130Objects of this Part
Division 2—Restricted information
131Restricted First Peoples' Assembly information not to be disclosed to Nginma Ngainga Wara or Nyerna Yoorrook Telkuna
132Restricted Nginma Ngainga Wara information not to be disclosed to the First Peoples' Assembly or Nyerna Yoorrook Telkuna
133Restricted Nyerna Yoorrook Telkuna information not to be disclosed to First Peoples' Assembly or Nginma Ngainga Wara
134Consent to disclosure of restricted information that is culturally sensitive or culturally secret information
135Limitation on consent—disclosure that would be otherwise prohibited
Division 3—Disclosure by Gellung Warl official to external entities
136Disclosure of culturally sensitive or culturally secret information
137Copy of guidelines for handling culturally sensitive or culturally secret information
138External disclosure of restricted information or confidential information prohibited
139Exception—disclosure of information for permitted purpose
Division 4—Protection of confidentiality and privileges
140Protection of confidentiality and privileges
Division 5—Application of Freedom of Information Act 1982
141Exemption from Freedom of Information Act 1982
Part 12—Financial and annual reporting
142Objects of this Part
143General funding arrangements
144Funding for Gellung Warl from Consolidated Fund
145Minister and Treasurer may agree to additional funding out of the Consolidated Fund
146Dealing with money
147Financial management
148Insurance
149Procurement
150Annual reporting
Part 13—Standards of Conduct
151Object of this Part
152Member Standards of Conduct
153Minimum content for Member Standards of Conduct
154Staff Standards of Conduct
155Minimum content for Staff Standards of Conduct
156Allegation of misconduct or serious misconduct
157Role of Treaty Authority in dealing with allegation of misconduct or serious misconduct
158Other rights of complaint not affected
Part 14—Larbargirrar gnuurtak tulkuuk (community answerability)
159Objects of this Part
160Community Governance and Answerability Framework
161Larbargirrar gnuurtak tulkuuk (community answerability) principles
162Community Engagement Charter
163Ngarrakeetoong Martongakeeyt (Community Vision)
164Strategic Plan
Part 15—Complaints
Division 1—Preliminary
165Objects of this Part
Division 2—Complaints
166Complaints
167Making a complaint
168How a complaint is to be dealt with
169Treatment of certain complaints
170Role of Treaty Authority
Division 3—Electoral complaints
171Electoral complaints
172Who can make an electoral complaint
173Making an electoral complaint
174How an electoral complaint is to be dealt with
Division 4—General
175Other rights of complaint not affected
Part 16—Dissolution of First Peoples' Assembly and election and appointment
Division 1—Preliminary
176Object of this Part
Division 2—Dissolution by the First Peoples' Assembly
177Dissolution by resolution
178No-confidence community petition
Division 3—Dissolution by Treaty Authority
179When may Treaty Authority commence dissolution process?
180Content of notice of proposed dissolution
181First Peoples' Assembly to have reasonable opportunity to resolve matters
182Treaty Authority may dissolve First Peoples' Assembly
Division 4—Announcement and effect of dissolution
183Announcement of dissolution
184Effect of dissolution
Part 17—Procedure for amending this Act
185Object of this Part
186Application of this Part
187Consultation statement to be prepared
188Presiding Officer may invite First Peoples' Assembly or Treaty Authority to make submission
189No effect on Victorian law
Part 18—Transitional provisions—transitional elections
190Definitions
191Treaty Authority must appoint transitional Electoral Officer
192Assembly electoral roll
193Election dates and times to be set
194First Peoples' Assembly of Victoria Ltd to publish proposed remuneration
195Application of Assembly election rules to transitional election
196No application of Assembly Constitution to transitional election
197Announcement of transitional election results and notification of electors
198Repeal of this Part
Part 19—General transitional provisions
Division 1—Transitional regulations
199Regulations dealing with transitional matters
200Repeal of this Division
Division 2—Other transitional provisions
201Definitions
202Establishment of Gellung Warl
203The First Peoples' Assembly
204Terms of office of members of the First Peoples' Assembly
205Interim Chief Executive Officer
206Gellung Warl electoral roll
207Aboriginal Representative Body declarations revoked
208Reconstruction of references to Aboriginal Representative Body
209Minister may fix relevant date for allocation statement made on or before 30 June 2026
210First Peoples' Assembly of Victoria Ltd chief executive officer may prepare allocation statement or statements on or before 30 June 2026
211Certificate as to property, rights and liabilities
212Property, rights and liabilities allocated in accordance with statement
213Vesting of property, rights and liabilities on 1 July 2026
214Vesting of property etc. subject to encumbrances
215Substitution of party to agreement
216Former First Peoples' Assembly of Victoria Ltd instruments
217Proceedings relating to former First Peoples' Assembly of Victoria Ltd property
218Other proceedings to which First Peoples' Assembly of Victoria Ltd was a party
219Evidence
220Taxes
221Validity of things done under this Division
Part 20—Consequential amendment of the Advancing the Treaty Process with Aboriginal Victorians Act 2018 and the Treaty Authority and Other Treaty Elements Act 2022
Division 1—Amendment of Advancing the Treaty Process with Aboriginal Victorians Act 2018
222Definitions
223Section 4 repealed
224Functions of the Aboriginal Representative Body
225Sections 11, 12, 13, 14, 15, 16, 17, 18 and 19 repealed
226Minister's annual report
227Aboriginal Representative Body's annual report
Division 2—Amendment of Treaty Authority and Other Treaty Elements Act 2022
228Definitions
229New section 8A inserted
230Funding of certain activities and expenditures out of the Consolidated Fund
231New Part 3 inserted
Part 21—Amendment of other Acts
Division 1—Amendment of Aboriginal Heritage Act 2006
232Membership
233Resignation and removal
234Acting members
235Alternate members
236Terms and conditions for alternate members
237New section 199 inserted
Division 2—Amendment of Aboriginal Lands Act 1970
238Appointment of Administrator
Division 3—Amendment of Audit Act 1994
239Definitions
240New section 9A inserted
241Reports not to question policy objectives
Division 4—Amendment of Freedom of Information Act 1982
242Definitions
243New section 6JA inserted
244Publication of information concerning functions etc. of agencies
245Statement of certain documents in possession of agencies to be published
246Notices to require specification of documents in statements
247Forms of access
248Deferment of access
249Cabinet documents
250New sections 32A, 32B and 32C inserted
251Disciplinary action
Division 5—Amendment of Health Records Act 2001
252Application to public sector
Division 6—Amendment of Heritage Act 2017
253Definitions
254Members of the Heritage Council
255Terms of appointment of members of the Heritage Council
256Resignation and removal of members of the Heritage Council
257New clause 3A of Schedule 1 inserted
258Alternate members of the Heritage Council
259Terms of appointment for alternate members of the Heritage Council
260New Division 4 of Part 14 inserted
Division 7—Amendment of Independent Broad‑based Anti-corruption Commission Act 2011
261Definitions
262Definitions of public body, public officer and public sector
263New section 15A inserted
264Disclosure or provision of information by the IBAC
265Recommendations
266Advance copy of report to the Parliament
267Advice to a complainant and other persons
268Persons who receive reports or information prior to publication
Division 8—Amendment of Integrity Oversight Victoria Act 2011
269New section 12A inserted
Division 9—Amendment of Interpretation of Legislation Act 1984
270Definitions
Division 10—Amendment of Land Tax Act 2005
271New section 81A inserted
Division 11—Amendment of Ombudsman Act 1973
272Definitions
273New section 13AD inserted
274Making a complaint
275Notice of referral
276Procedure relating to investigations
277Procedure on completion of investigation
278Advance copy of sections 23(6) and 25 reports to Parliament
279Disclosure of information by the Ombudsman
280Schedule 1 amended
Division 12—Amendment of Payroll Tax Act 2007
281New Division 3A inserted in Part 3 of Schedule 2
Division 13—Amendment of Privacy and Data Protection Act 2014
282Public sector organisations to which this Part applies
283Application of Part
Division 14—Amendment of Public Administration Act 2004
284Part 2 heading amended
285New section 8A inserted
Division 15—Amendment of Public Interest Disclosures Act 2012
286Definitions
287Persons or bodies to which certain public interest disclosures must be made
288New section 16A inserted
289Schedule 2 amended
Division 16—Amendment of Public Records Act 1973
290Definitions and limit of application of the Act
291New section 7A inserted
292Personal or private records may be withheld
293New section 9A inserted
294Records may be withheld for 30 years
295New section 10AAA inserted
296Standards for management of public records
297New section 22A inserted
Division 17—Amendment of Subordinate Legislation Act 1994
298Definitions
Division 18—Repeal of this Part and Part 20
299Repeal of this Part and Part 20
Schedule 1—Content and subject matter of internal rules other than electoral rules
Schedule 2—Content and subject matter of electoral rules
Schedule 3—Content and subject matter for First Peoples' Assembly guidelines and standards
Schedule 4—Persons or bodies to whom Nginma Ngainga Wara may refer matters
═════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Statewide Treaty Act 2025
No. 45 of 2025
Version as at
14 November 2025
Preamble
The State of Victoria acknowledges the unique status of First Peoples and their unceded connection to Country, history, cultures and enduring strength.
The Parliament of Victoria, in accordance with section 1A of the Constitution Act 1975, recognises First Peoples of Victoria, as the original custodians of the land on which the colony of Victoria was established—
(a)have a unique status as the descendants of Australia's first people; and
(b)have a spiritual, social, cultural and economic relationship with their traditional lands and waters within Victoria; and
(c)have made a unique and irreplaceable contribution to the identity and wellbeing of Victoria.
The Traditional Owners of Country in Victoria have a unique role in their ongoing custodianship of, and connection to, Country and have authority to speak for Country.
First Peoples and Traditional Owners of Country in Victoria maintain that their sovereignty has never been ceded.
The historic wrongs and ongoing injustice of colonisation have resulted in unacceptable levels of discrimination, disadvantage and intergenerational trauma for First Peoples. These acts of injustice must not continue or be repeated.
The State of Victoria commits to not repeating past injustices.
Past and existing laws have not been able to fully recognise the inherent rights of First Peoples or address disadvantage and trauma.
It is acknowledged that since colonisation Traditional Owners of Country in Victoria have fought for and won back some of the rights and status they hold under Aboriginal Lore and Law. These rights have been shaped by First Peoples' Ancestors and are a foundational pillar in the ongoing journey to self-determination.
This Act builds on the Advancing the Treaty Process with Aboriginal Victorians Act 2018 and the Treaty Authority and Other Treaty Elements Act 2022 and is the product of negotiations on the first Statewide Treaty between First Peoples in Victoria and the State, as well as the journey to Treaty that preceded it.
To rectify the consequences of past injustices, this Act gives effect to the first Statewide Treaty to enact special measures for securing advancement and protection of First Peoples. It recognises and restores the inherent rights of First Peoples in Victoria, including the right to self-determination, and acknowledges First Peoples' unique status and connection to Victoria's land and waters.
This Act also builds on the pivotal work of the Yoorrook Justice Commission and acknowledges the importance of ongoing truth-telling.
This Act creates a renewed relationship between First Peoples and the State of Victoria to bring about improved and enduring outcomes for First Peoples and a more just and prosperous future for First Peoples.
To ensure First Peoples' equal enjoyment of human rights and fundamental freedoms, Gellung Warl embodies and advances the right to self‑determination of First Peoples to come together politically and make collective decisions. As such, Gellung Warl represents the diversity of First Peoples, being Traditional Owners of Country in Victoria and First Peoples living in the lands and waters now known as Victoria.
The first Statewide Treaty, along with future Treaties, will deliver practical outcomes for First Peoples to promote social cohesion, reconciliation and address disadvantage for the benefit of all Victorians. Future Treaties will continue to advance and restore the inherent rights of First Peoples and honour First Peoples' Ancestors and Elders.
The State recognises the importance of this Statewide Treaty and future Treaties proceeding in a manner that is consistent with the principles articulated in the United Nations Declaration on the Rights of Indigenous Peoples, including free prior and informed consent. By continuing to consult and cooperate in good faith, the State will endeavour to take each step forward in the Treaty era together with Traditional Owners of Country in Victoria and First Peoples.
With this Act, it is acknowledged with pride that future generations of Victorian children will grow up in a State shaped by Treaty, truth and justice. Treaty imposes mutual obligations on Gellung Warl and the State of Victoria to create and uphold co-operative arrangements to ensure laws and practices in Victoria benefit and create a better future for all Victorians.
The Parliament of Victoria therefore enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to establish Gellung Warl—
(i)to exercise decision-making powers by representing First Peoples in Victoria and making decisions in relation to First Peoples in Victoria; and
(ii)to represent First Peoples in Statewide Treaty negotiations with the State, including undertaking ongoing Statewide Treaty negotiations; and
(iii)to provide for ongoing truth-telling and healing; and
(iv)to advise the Parliament and the State government in relation to matters that affect First Peoples; and
(v)to hold the State government to account in relation to its commitments to, and the impact of its actions on, First Peoples; and
(b)to amend the Advancing the Treaty Process with Aboriginal Victorians Act 2018 and the Treaty Authority and Other Treaty Elements Act 2022 in relation to the establishment of Gellung Warl; and
(c)to make consequential amendments to other Acts.
2Objects and principles
(1)The objects of this Act are—
(a)to give effect to the first Statewide Treaty; and
(b)to provide foundations for ongoing Statewide Treaty-making between Gellung Warl and the State, including to negotiate further functions and powers of Gellung Warl over time; and
(c)to advance the inherent rights and self‑determination of First Peoples; and
(d)to address the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation and ensure the equal enjoyment of human rights and fundamental freedoms by First Peoples.
(2)This Act is underpinned by the following principles—
(a)Gellung Warl established under this Act has evolved from the critical successes of the First Peoples' Assembly of Victoria Ltd ACN 636 189 412 and now sits at the centre of the Treaty relationship; and
(b)Gellung Warl has been designed by and for First Peoples based on broad engagement with First Peoples in Victoria and—
(i)it is inclusive and representative of all First Peoples; and
(ii)its structure of representation reflects Aboriginal Lore, Law and Cultural Authority and the responsibilities of Traditional Owners to Country and to all peoples who are on Country; and
(c)Gellung Warl is an ongoing feature of the democratic and political fabric of Victoria; and
(d)Statewide Treaty-making is an ongoing relationship in accordance with the Treaty Negotiation Framework and involves ongoing negotiations and agreement between the State and Gellung Warl; and
(e)Statewide Treaty-making imposes mutual obligations on Gellung Warl and the State to create and uphold co-operative arrangements to ensure laws and practices in Victoria benefit and create a better future for all Victorians; and
(f)ongoing Statewide Treaty-making includes the negotiation of the ongoing transfer of decision-making, rule-making, advisory and other powers and functions from the State government to Gellung Warl.
3Commencement
(1)This Part, Part 18, Division 1 of Part 19 and section 229 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)The remaining provisions of this Act come into operation on 1 May 2026.
4Definitions
In this Act—
agency, in Part 9, means a public sector body within the meaning of the Public Administration Act 2004 but does not include an excluded body;
agency head, in Part 9, means—
(a)in relation to an agency that is a public service body, the public service body Head within the meaning of the Public Administration Act 2004;
(b)in relation to an agency that is a public entity—
(i)a person nominated by the public entity; or
(ii)otherwise, the public entity Head within the meaning of the Public Administration Act 2004;
(c)in relation to an agency that is a special body—
(i)a person nominated by the special body; or
(ii)otherwise, the special body Head within the meaning of the Public Administration Act 2004;
authority, in Part 8, means any of the following but does not include an excluded body—
(a)a public entity;
(b)a special body;
(c)an Administrative Office within the meaning of the Public Administration Act 2004;
(d)the Victorian Public Sector Commission;
(e)a contractor within the meaning of the Corrections Act 1986;
(f)each of the following within the meaning of the Health Services Act 1988—
(i)a public health service;
(ii)a public hospital;
(iii)a denominational hospital;
(iv)a private hospital;
(g)a registered school within the meaning of the Education and Training Reform Act 2006;
(h)a university within the meaning of the Education and Training Reform Act 2006;
briefing meeting means a meeting between the First Peoples' Assembly and a Secretary of a Department or the Chief Commissioner of Police conducted under Part 8;
candidate—
(a)in relation to an election to be conducted in an electoral division, means a person who has nominated as a candidate for that election in accordance with the electoral rules; and
(b)in relation to the appointment of a reserved member by a Traditional Owner group, means a person who nominates for appointment as a reserved member in accordance with that Traditional Owner group's procedures developed and published in accordance with the electoral rules;
Chief Executive Officer means the Chief Executive Officer of Gellung Warl employed under section 25;
Closing the Gap Agreement means the National Agreement on Closing the Gap as in effect on and after 27 July 2020;
Community means—
(a)First Peoples; and
(b)First Peoples organisations;
Community Engagement Charter means a Community Engagement Charter developed in accordance with section 162;
culturally sensitive or culturally secret information means—
(a)information that the individual or group providing it to Gellung Warl advises is culturally sensitive or culturally secret information; or
(b)if that advice was not given, information that is determined to be culturally sensitive or culturally secret information in accordance with the internal rules;
de-identified data agreement means an agreement made under section 114;
Department has the same meaning as in the Public Administration Act2004;
Department Head has the same meaning as in the Public Administration Act2004;
disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment, gift or other alienation of property, including the following—
(a)the allotment of shares in a company;
(b)the creation of a trust in property;
(c)the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;
(d)the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property;
(e)the exercise by a person of a general power of appointment of property in favour of any other person;
(f)any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of any other person;
donation period—
(a)in relation to an election for an electoral division, means the period that—
(i)starts 30 days after the last election conducted in that electoral division; and
(ii)ends 30 days after a general member is declared elected; or
(b)in relation to the appointment of a reserved member by a Traditional Owner group, means the period that—
(i)starts 30 days after the last appointment of a reserved member by that Traditional Owner group; and
(ii)ends 30 days after a reserved member is appointed by that Traditional Owner group;
donor means a person who makes an election campaign donation to a candidate;
election means—
(a)a general election; and
(b)any other election to fill a vacancy conducted in accordance with the electoral rules;
election campaign disclosure return means a disclosure return provided to the Chief Executive Officer in accordance with the electoral rules;
election campaign donation means—
(a)a gift made by a donor to a candidate that is equal to or exceeds $1000; and
(b)if the sum of the gifts made by a donor to a candidate is equal to or exceeds $1000, a gift made by that donor that is less than $1000;
election period, in relation to an election, means the period that—
(a)starts at 8 a.m. on the first day of voting for that election in accordance with the electoral rules; and
(b)ends at 6 p.m. on the last day of voting for that election in accordance with the electoral rules;
Electoral Officer means the Electoral Officer appointed under section 20 of the Treaty Authorityand Other Treaty Elements Act 2022;
electoral rule means an internal rule made by the First Peoples' Assembly in relation to elections under Part 4 and Schedule 2;
electorate officer means an electorate officer employed under section 30 of the Parliamentary Administration Act 2005;
eligible elector means a person who is registered on the Gellung Warl electoral roll;
engagement hearing means an engagement hearing referred to in section 80;
excluded body means—
(a)the Office of the Governor and the Official Secretary within the meaning of the Public Administration Act 2004;
(b)the IBAC;
(c)Integrity Oversight Victoria;
(d)the office of the Public Interest Monitor;
(e)the office of the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;
(f)a court or VCAT;
(g)the Judicial Commission or an investigating panel under the Constitution Act 1975;
(h)a board, tribunal (other than VCAT), commission or other body presided over by a judge, magistrate or Australian lawyer presiding as such by virtue of a statutory requirement and appointment;
(i)a Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown;
(j)a Board of Inquiry established under the Inquiries Act 2014 and Board of Inquiry officers within the meaning of that Act;
(k)a Formal Review established under the Inquiries Act 2014 and Formal Review officers within the meaning of that Act;
(l)the Office of Public Prosecutions within the meaning of the Public Prosecutions Act 1994;
(m)the Victorian Electoral Commission;
(n)the Victorian Auditor-General's Office;
(o)the Electoral Boundaries Commission;
(p)a Department of the Parliament;
(q)the office of the Parliamentary Budget Officer;
(r)the office of the Parliamentary Workplace Standards and Integrity Commission;
(s)the office of the Parliamentary Integrity Adviser;
(t)the office of the Ombudsman;
(u)the Office of the Victorian Information Commissioner established under the Freedom of Information Act 1982;
First Peoples means—
(a)Traditional Owners; and
(b)Aboriginal and Torres Strait Islanders who are living in Victoria;
First Peoples' Assembly means the First Peoples' Assembly of Victoria established by section 17;
First Peoples' Assembly guidelines and standards means guidelines or standards made by the First Peoples' Assembly under Part 5 and Schedule 3;
First Peoples' Assembly staff member means a person employed or engaged by the Chief Executive Officer (including any contractor) for the purposes of the functions of the First Peoples' Assembly, to the extent the person is performing those functions;
First Peoples organisation means—
(a)a Traditional Owner group; or
(b)an entity constituted or controlled by Aboriginal or Torres Strait Islander peoples; or
(c)a trust incorporated under the Aboriginal Lands Act 1970;
Gellung Warl means Gellung Warl established by section 10;
Gellung Warl electoral roll means the Gellung Warl electoral roll referred to in section 55;
Gellung Warl official means any of the following—
(a)a member of the First Peoples' Assembly;
(b)a Nginma Ngainga Wara member;
(c)a Nyerna Yoorrook Telkuna member;
(d)the Chief Executive Officer;
(e)a Gellung Warl staff member;
Gellung Warl staff member means a person employed or engaged by the Chief Executive Officer under this Act and includes—
(a)a First Peoples' Assembly staff member; and
(b)a Nyerna Yoorrook Telkuna staff member; and
(c)a Nginma Ngainga Wara staff member; and
(d)a contractor engaged under section 28;
general election means an election for all general members conducted in accordance with the electoral rules;
general member means a general member of the First Peoples' Assembly who is elected in accordance with the electoral rules;
gift means any disposition of property otherwise than by will made by a person to another person without consideration in money or money's worth or with inadequate consideration, including—
(a)the provision of a service (other than volunteer labour); and
(b)the payment of an amount in respect of a guarantee; and
(c)the making of a payment or contribution at a fundraising function;
health information has the same meaning as it has in the Health Records Act 2001;
IBAC means the Independent Broad-based Anti‑corruption Commission established by section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;
integrity agency means any of the following—
(a)the Auditor-General;
(b)the IBAC;
(c)Integrity Oversight Victoria;
(d)the Ombudsman;
(e)the Office of the Victorian Information Commissioner established under the Freedom of Information Act 1982;
internal rule means a rule made by the First Peoples' Assembly under Part 4 and Schedules 1 and 2;
larbargirrar gnuurtak tulkuuk (community answerability) principles means the larbargirrar gnuurtak tulkuuk (community answerability) principles included in the Community Governance and Answerability Framework in accordance with section 160(2)(b)(i);
law enforcement agency means the following—
(a)Victoria Police;
(b)the Australian Federal Police;
(c)a police force or police service of another State or a Territory;
(d)any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or a Territory;
Member Standards of Conduct means the standards of conduct developed in accordance with section 152;
Ministerial officer means a Ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004;
misconduct—
(a)in relation to a member of the First Peoples' Assembly, a Nyerna Yoorrook Telkuna member or a Nginma Ngainga Wara member, means conduct engaged in by that member that constitutes a contravention of the Member Standards of Conduct; or
(b)in relation to the Chief Executive Officer or a Gellung Warl staff member, means conduct engaged in by the Chief Executive Officer or that staff member that constitutes a contravention of the Staff Standards of Conduct;
Ngarrakeetoong Martongakeeyt (Community Vision) means the Ngarrakeetoong Martongakeeyt (Community Vision) developed in accordance with section 163;
Nginma Ngainga Wara means Nginma Ngainga Wara established by section 92;
Nginma Ngainga Wara member means a member of Nginma Ngainga Wara appointed under section 100;
Nginma Ngainga Wara staff member means a person employed or engaged by the Chief Executive Officer (including any contractor) for the purposes of the functions of Nginma Ngainga Wara to the extent that the person is performing those functions;
Nyerna Yoorrook Telkuna means Nyerna Yoorrook Telkuna established by section 118;
Nyerna Yoorrook Telkuna member means a member of Nyerna Yoorrook Telkuna appointed under section 125;
Nyerna Yoorrook Telkuna staff member means a person employed or engaged by the Chief Executive Officer (including any contractor) for the purposes of the functions of Nyerna Yoorrook Telkuna to the extent that the person is performing those functions;
Parliamentary officer has the same meaning as it has in the Parliamentary Administration Act 2005;
personal information has the same meaning as it has in the Privacy and Data Protection Act 2014;
President means the President of the Legislative Council;
Presiding Officer means—
(a)in relation to the Legislative Council, the President; and
(b)in relation to the Legislative Assembly, the Speaker;
principal place of residence has the same meaning as it has under section 3 of the Electoral Act 2002;
prison has the same meaning as it has in the Corrections Act 1986;
public entity has the same meaning as it has in the Public Administration Act 2004;
public service body has the same meaning as it has in the Public Administration Act 2004;
publish means disseminate or provide access to the public or a section of the public by any means, including by—
(a)publication in a book, newspaper, magazine or other written publication; or
(b)broadcast by radio or television; or
(c)public exhibition; or
(d)broadcast or electronic communication—
and publication must be construed accordingly;
qualified certifier means a person who—
(a)is an Australian legal practitioner who has at least 5 years post-admission experience; and
(b)is not a member of the First Peoples' Assembly;
representation meeting means a meeting between the Cabinet and the First Peoples' Assembly referred to in section 77;
reserved member means a reserved member of the First Peoples' Assembly who is appointed by a Traditional Owner group in accordance with procedures developed by that Traditional Owner group in accordance with the electoral rules;
restricted First Peoples' Assembly information means information given by an entity to the First Peoples' Assembly that—
(a)is marked as confidential by the entity; or
(b)the entity advises the First Peoples' Assembly is confidential;
restricted information means—
(a)restricted First Peoples' Assembly information; or
(b)restricted Nginma Ngainga Wara information; or
(c)restricted Nyerna Yoorrook Telkuna information;
restricted Nginma Ngainga Wara information means information given by an entity to Nginma Ngainga Wara that—
(a)is marked as confidential by the entity; or
(b)the entity advises Nginma Ngainga Wara is confidential;
restricted Nyerna Yoorrook Telkuna information means information given by an entity to Nyerna Yoorrook Telkuna that—
(a)is marked as confidential by the entity; or
(b)the entity advises Nyerna Yoorrook Telkuna is confidential;
Secretary, in relation to a Department, means the Department Head;
Self-Determination Fund means the fund referred to in section 35 of the Advancing the Treaty Process with Aboriginal Victorians Act 2018;
serious misconduct—
(a)in relation to a member of the First Peoples' Assembly, a Nyerna Yoorrook Telkuna member or a Nginma Ngainga Wara member, means misconduct that—
(i)is intentional, wilful or deliberate; or
(ii)occurs frequently or forms part of a pattern of behaviour; or
(iii)is specified as serious misconduct in the internal rules; or
(b)in relation to the Chief Executive Officer or a Gellung Warl staff member, means misconduct that—
(i)is intentional, wilful or deliberate; or
(ii)occurs frequently or forms part of a pattern of behaviour; or
(iii)is specified as serious misconduct in the internal rules;
sexual harassment has the meaning given by section 92 of the Equal Opportunity Act 2010;
Speaker means the Speaker of the Legislative Assembly;
special body has the same meaning as it has in the Public Administration Act 2004;
Staff Standards of Conduct means the standards of conduct developed in accordance with section 154;
State-funded service provider, in Part 8, means an entity that—
(a)on behalf of the State (whether under contract or otherwise) provides services to or administers programs used by First Peoples; and
(b)is funded (wholly or partly) by the State to provide those services or administer those programs;
State government does not include the judicial branch or the Parliament;
State government outcomes directed to First Peoples means—
(a)socio-economic targets, outcomes and priority reforms specified in the Closing the Gap Agreement; and
(b)other goals, targets, outcomes and measures that are specifically directed to First Peoples;
Strategic Plan means a plan developed in accordance with section 164;
substantive rule means a rule other than an internal rule made by the First Peoples' Assembly under Part 4;
Traditional Owner, in relation to an area in Victoria, has the same meaning as it has in the Aboriginal Heritage Act 2006;
Traditional Owner group, in relation to an area in Victoria, means—
(a)in relation to land within the boundaries of an area in which there has been a determination that native title exists—a registered native title body corporate within the meaning of the Native Title Act 1993 of the Commonwealth; or
(b)in relation to land within the boundaries of an area that is the subject of a recognition and settlement agreement within the meaning of the Traditional Owner Settlement Act 2010—a Traditional Owner group entity within the meaning of that Act that has entered into the recognition and settlement agreement; or
(c)in relation to an area which is registered under the Aboriginal Heritage Act 2006—a registered Aboriginal party within the meaning of that Act; or
(d)an entity specified in the electoral rules to be a Traditional Owner group;
Note
Land includes land covered with water—see section 38 of the Interpretation of Legislation Act 1984.
travel restriction condition, in relation to a parole order, means a term or condition of a parole order that restricts travel within Victoria;
Treaty Authority has the same meaning as it has in section 6 of the Treaty Authority and Other Treaty Elements Act 2022;
Treaty Negotiation Framework means the Treaty Negotiation Framework made in accordance with Part 5 of the Advancing theTreaty Process with Aboriginal Victorians Act 2018;
Victorian Electoral Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002;
water entitlement includes any legal entitlement, right or interest in water, including any water share or licence issued under the Water Act 1989;
Yoorrook Justice Commission has the same meaning as it has in section 3 of the Inquiries Act 2014.
5Act does not affect native title rights and interests or certain other rights
(1)The provisions of this Act must be interpreted in a way that does not prejudice or reduce rights or expectations of Traditional Owners or First Peoples in Victoria established by or existing under any other Act or law.
(2)The provisions of this Act must be interpreted in a way that does not prejudice native title rights and interests to the extent that those rights and interests are recognised and protected by the Native Title Act 1993 of the Commonwealth.
(3)Nothing in this Act is intended to affect native title rights and interests otherwise than in accordance with the Native Title Act 1993 of the Commonwealth.
(4)In this section, affect and native title rights and interests have the same meanings as in the Native Title Act 1993 of the Commonwealth.
6Good faith obligation
(1)In any engagement with the First Peoples' Assembly, Nyerna Yoorrook Telkuna or Nginma Ngainga Wara in the course of performing their functions or exercising their powers under this Act, the State government must conduct itself in good faith.
(2)In any engagement with the State government by the First Peoples' Assembly, Nyerna Yoorrook Telkuna or Nginma Ngainga Wara in the course of performing their functions or exercising their powers under this Act, the First Peoples' Assembly, Nginma Ngainga Wara and Nyerna Yoorrook Telkuna must each conduct itself in good faith.
7Parliamentary privilege preserved
This Act does not limit the powers, privileges and immunities of the Parliament or each House of the Parliament and their members and committees, including any joint committees of both Houses.
8Powers are not coercive
(1)The powers conferred on Gellung Warl, the First Peoples' Assembly, Nginma Ngainga Wara or Nyerna Yoorrook Telkuna by this Act or any other Act are not coercive powers and none of Gellung Warl, the First Peoples' Assembly, Nginma Ngainga Wara or Nyerna Yoorrook Telkuna may impose a penalty for non‑compliance.
(2)Nothing in this section affects the operation of section 58.
PART 2—GELLUNG WARL
9Objects of this Part and of Gellung Warl
(1)The object of this Part is to establish Gellung Warl.
(2)Gellung Warl has the following objects—
(a)to deliver improved and enduring outcomes for First Peoples;
(b)to be led by democratically elected representatives of First Peoples in a self‑determining and deliberative way to enable First Peoples to freely determine their political status, pursue their economic, social and cultural development and make decisions about their own futures;
(c)to form an enduring part of the democratic landscape of Victoria;
(d)to respect Aboriginal Lore, Law and Cultural Authority and meet its cultural obligations and responsibilities as determined by First Peoples;
(e)to be generative and flexible with the capacity to evolve over time;
(f)to be transparent and accountable in carrying out its functions and powers;
(g)to operate with integrity and be subject to appropriate oversight, including by State integrity agencies such as IBAC and the Ombudsman;
(h)to undertake any charitable work or charitable purposes.
10Establishment of Gellung Warl
(1)Gellung Warl is established.
Note
"Gellung Warl" is Gunaikurnai language. It is pronounced "gullungwarl".
(2)Gellung Warl consists of—
(a)the First Peoples' Assembly; and
(b)Nginma Ngainga Wara; and
(c)Nyerna Yoorrook Telkuna.
(3)Gellung Warl—
(a)is a body corporate with perpetual succession;
(b)has a common seal;
(c)may sue and be sued;
(d)may acquire, hold and dispose of real and personal property;
(e)may do and suffer all acts and things that a body corporate may do and suffer.
(4)Gellung Warl does not represent the Crown but is a public authority for the purposes of the Charter of Human Rights and Responsibilities Act 2006.
(5)The Public Administration Act 2004 does not apply to Gellung Warl or the appointment or employment of any person by Gellung Warl.
Note
The First Peoples' Assembly is the constituent arm of Gellung Warl responsible for the overall architecture of Gellung Warl, including making rules and appointing members of Nginma Ngainga Wara and Nyerna Yoorrook Telkuna. Funding for the entire architecture of Gellung Warl is provided for by special appropriation in Part 12.
11Common seal
(1)The common seal of Gellung Warl—
(a)must be kept in custody in accordance with the internal rules; and
(b)must not be used except as authorised by the internal rules.
(2)All courts must take judicial notice of the common seal of Gellung Warl affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
(3)The Chief Executive Officer may execute a deed or other instrument without using the common seal if the deed or other instrument is signed by—
(a)the Chief Executive Officer; and
(b)a Gellung Warl official specified in the internal rules as authorised to sign.
(4)The Electronic Transactions (Victoria) Act 2000 applies to a deed or other instrument executed under this section as if in section 12A(1) of that Act, for "signed, sealed and delivered" there were substituted "signed and delivered" and as if a reference to "deed" included a reference to "or other instrument".
12Functions and powers of Gellung Warl
(1)The functions of Gellung Warl are the functions conferred on the First Peoples' Assembly, Nginma Ngainga Wara and Nyerna Yoorrook Telkuna under this Act or any other Act.
(2)Gellung Warl has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.
(3)Without limiting subsection (2), Gellung Warl may—
(a)enter into any agreements or arrangements in connection with its functions; and
(b)engage in commercial activities to raise revenue; and
(c)participate in the formation of companies, trusts, partnerships and other bodies; and
(d)become a member of a company limited by guarantee; and
(e)acquire, hold and dispose of company shares or an interest in a partnership or other body; and
(f)act as trustee; and
(g)make grants or other forms of funding arrangements; and
(h)undertake any other charitable work or charitable purposes that support the objects of this Part.
13Gellung Warl not subject to direction or control
Gellung Warl is not subject to the direction or control of the Minister in respect of the performance of its functions and the exercise of its powers.
14Gellung Warl to engage on local government matters through relevant Minister
(1)In the performance of its functions and the exercise of its powers under Part 8 in relation to representations to or advice to State government, any matter relating to local government is to be dealt with by Gellung Warl engaging with the Minister having responsibility for the matter.
(2)Nothing in subsection (1) prevents Gellung Warl from engaging with a Council other than in Gellung Warl's performance of its functions and exercise of its powers under Part 8.
15Indemnities
(1)Gellung Warl must indemnify a person specified in subsection (2) against any liability incurred by the person for anything done or omitted to be done in good faith—
(a)in the performance of a function or the exercise of a power under this Act or any other Act; or
(b)in the reasonable belief that the act or omission was in the performance of a function or the exercise of a power under this Act or any other Act.
(2)The persons indemnified are—
(a)a member of the First Peoples' Assembly; and
(b)the Chief Executive Officer; and
(c)a Gellung Warl staff member; and
(d)a Nginma Ngainga Wara member; and
(e)a Nyerna Yoorrook Telkuna member.
PART 3—THE FIRST PEOPLES' ASSEMBLY OF VICTORIA
16Object of this Part
(1)The object of this Part is to establish the First Peoples' Assembly of Victoria within Gellung Warl to be a self-determined, democratically elected, enduring institution for the political representation of First Peoples.
(2)The First Peoples' Assembly is the central decision-making arm of Gellung Warl and remains answerable to First Peoples through its democratic nature and its cultural obligations and responsibilities.
17The First Peoples' Assembly of Victoria
The First Peoples' Assembly of Victoria is established and consists of general members and reserved members who are elected or appointed in accordance with the electoral rules.
18Functions of the First Peoples' Assembly of Victoria
(1)The First Peoples' Assembly has the following functions—
(a)to represent First Peoples and make decisions in relation to First Peoples;
(b)to advocate for the interests of First Peoples;
(c)to represent First Peoples in Statewide Treaty negotiations and ongoing Statewide Treaty negotiations with the State;
(d)to make representations to—
(i)the Parliament and State government in relation to matters that affect First Peoples; and
(ii)authorities and State-funded service providers referred to in Part 8 in relation to matters that affect First Peoples;
(e)to make internal rules and substantive rules;
(f)to make guidelines and standards;
(g)to appoint the Chief Executive Officer of Gellung Warl in accordance with section 25;
(h)to appoint persons as Nginma Ngainga Wara members in accordance with Part 9;
(i)to appoint persons as Nyerna Yoorrook Telkuna members in accordance with Part 10;
(j)any function conferred on Gellung Warl that is not a function to be exercised by Nginma Ngainga Wara or Nyerna Yoorrook Telkuna;
(k)to engage in activities relating to capacity building in First Peoples' communities, including but not limited to the following—
(i)promoting the fundamental human rights of First Peoples, including the right to self-determination;
(ii)providing support, advice, education and information to First Peoples or in relation to First Peoples;
(iii)carrying out research in relation to issues that affect First Peoples;
(iv)managing and allocating funds provided to or generated by Gellung Warl for the benefit of First Peoples, including making grants;
(v)promoting the role of First Peoples community and organisations in the Victorian community, including facilitating relationships, connection and engagement;
Example
Establishing a First Peoples' Institute.
(l)to provide information to Nyerna Yoorrook Telkuna and Nginma Ngainga Wara to guide Nyerna Yoorrook Telkuna and Nginma Ngainga Wara in the performance of their functions and the exercise of their powers;
(m)to participate in the ceremonial life of the State;
(n)to represent First Peoples in national and international forums;
(o)any other functions conferred on the First Peoples' Assembly by this Act or any other Act;
(p)any other functions conferred on the First Peoples' Assembly by or under any treaty agreed between First Peoples and the State.
(2)The First Peoples' Assembly is to work collaboratively with Traditional Owner groups in Victoria to meet cultural obligations and responsibilities and realise self-determination for First Peoples in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
19Powers of the First Peoples' Assembly of Victoria
(1)The First Peoples' Assembly is self-determining and deliberative.
(2)The First Peoples' Assembly has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.
20Delegations by the First Peoples' Assembly of Victoria
(1)Subject to subsections (2) and (3), the First Peoples' Assembly may delegate to the following any function or power of the First Peoples' Assembly under this Act or any other Act—
(a)a committee or subcommittee of the First Peoples' Assembly;
(b)the Chief Executive Officer.
(2)The First Peoples' Assembly must not delegate to a committee or subcommittee of the First Peoples' Assembly any of the following functions or powers—
(a)this power of delegation;
(b)the power to elect a Chairperson of the First Peoples' Assembly;
(c)the power to appoint a Nyerna Yoorrook Telkuna member or Nginma Ngainga Wara member;
(d)subject to subsection (4), the power to appoint the Chief Executive Officer, whether on a permanent or acting basis;
(e)the power to make any decision in relation to the employment, dismissal or removal of the Chief Executive Officer;
(f)the power to make internal rules or substantive rules.
(3)The First Peoples' Assembly must not delegate to the Chief Executive Officer any of the following functions or powers—
(a)this power of delegation;
(b)the power to elect a Chairperson of the First Peoples' Assembly;
(c)the power to appoint a Nyerna Yoorrook Telkuna member or Nginma Ngainga Wara member;
(d)subject to subsection (4), the power to appoint the Chief Executive Officer, whether on a permanent or acting basis;
(e)the power to make any decision in relation to the employment, dismissal or removal of the Chief Executive Officer;
(f)the power to make internal rules or substantive rules;
(g)the power to develop, adopt or amend—
(i)the Executive Employment and Remuneration Policy under section 26; or
(ii)the Member Standards of Conduct; or
(iii)the Staff Standards of Conduct; or
(iv)the Community Governance and Answerability Framework, including the Community Engagement Charter, Strategic Plan and Ngarrakeetoong Martongakeeyt (Community Vision); or
(v)any other policy that the First Peoples' Assembly is required to adopt under this Act or the internal rules;
(h)the power to appoint a chairperson or the members of any committee or subcommittee of the First Peoples' Assembly;
(i)any power conferred on the First Peoples' Assembly under Part 7 or 8;
(j)the power to approve a budget;
(k)a power to borrow money.
(4)The First Peoples' Assembly may delegate to the Chief Executive Officer the power to appoint an Acting Chief Executive Officer for a period specified in the internal rules.
(5)A delegation may be subject to any conditions or limitations specified in the delegation.
(6)A delegation that includes the power to enter into a contract or make any expenditure must specify the maximum monetary limit that cannot be exceeded.
(7)The First Peoples' Assembly must keep a public register of delegations made under this section.
Note
See section 29 for the power of delegation of a Chief Executive Officer.
21Qualification to be a member of the First Peoples' Assembly of Victoria
(1)Subject to subsection (2), a person is qualified to be a member of the First Peoples' Assembly if the person meets the requirements set out in the internal rules.
(2)A person is not qualified to be a member of the First Peoples' Assembly if the person—
(a)is a member of the Parliament of Victoria or the Parliament of the Commonwealth or the Parliament of another State or a Territory; or
(b)is employed as a Ministerial officer, a Parliamentary officer or an electorate officer by a member of the Parliament of Victoria or in a corresponding position (however designated) by, or for, a member of the Parliament of the Commonwealth or the Parliament of another State or a Territory; or
(c)is a Councillor of a Council constituted under the Local Government Act 2020 or a member of a corresponding body (however designated) under an Act of another State or a Territory; or
(d)is a member of Council staff within the meaning of the Local Government Act 2020 or in a corresponding position (however designated) under an Act of another State or a Territory; or
(e)is a member of the Treaty Authority or holds a paid position with the Treaty Authority; or
(f)is the Chief Executive Officer; or
(g)is a Nginma Ngainga Wara member, Nyerna Yoorrook Telkuna member or Gellung Warl staff member or holds a paid position with Gellung Warl; or
(h)is a public sector employee within the meaning of the Public Administration Act 2004 or in a corresponding position (however designated) under an Act of the Commonwealth or of another State or a Territory; or
(i)has property that is subject to control under the law relating to bankruptcy; or
(j)is disqualified from managing corporations under Part 2D.6 of the Corporations Act; or
(k)is currently held in a prison; or
(l)is subject to an order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or
(m)has been sentenced to a term of imprisonment for an indictable offence and is subject to a parole order that includes a travel restriction condition.
(3)A person who is not qualified to be a member of the First Peoples' Assembly only because they hold a position or office specified in subsection (2)(a) to (h), is not prevented from nominating for election as a general member or appointment as a reserved member if, for the duration of the election period for that election—
(a)the person takes leave from that office or position; and
(b)the person does not perform any of the duties of that office or position.
22Term of office of members of the First Peoples' Assembly of Victoria
(1)A member of the First Peoples' Assembly holds office for the period specified in the electoral rules.
(2)The office of a member of the First Peoples' Assembly becomes vacant at the expiry of that member's term of office.
23Suspension of a member of the First Peoples' Assembly of Victoria
(1)A member of the First Peoples' Assembly may be suspended in accordance with the internal rules.
(2)If a member of the First Peoples' Assembly is suspended in accordance with the internal rules, the member must not perform any functions or exercise any powers of a member of the First Peoples' Assembly for the period of the suspension.
24Removal from office
(1)A member of the First Peoples' Assembly may be removed from office in accordance with the internal rules.
(2)If a member of the First Peoples' Assembly is removed from office—
(a)the member ceases to be a member of the First Peoples' Assembly; and
(b)the office becomes vacant.
25The Chief Executive Officer
The First Peoples' Assembly must employ a person to be the Chief Executive Officer of Gellung Warl in accordance with the Executive Employment and Remuneration Policy under section 26.
26Executive Employment and Remuneration Policy
(1)The First Peoples' Assembly must develop, adopt and keep in force an Executive Employment and Remuneration Policy.
(2)The Executive Employment and Remuneration Policy must provide for—
(a)the recruitment and appointment process for executive staff of Gellung Warl; and
(b)matters to be addressed in the contract of employment of executive staff of Gellung Warl; and
(c)performance monitoring of executive staff of Gellung Warl; and
(d)an annual review of executive staff of Gellung Warl.
(3)The First Peoples' Assembly must adopt the first Executive Employment and Remuneration Policy under this section within 6 months of the commencement of this section.
27Functions of the Chief Executive Officer
The Chief Executive Officer has the following functions—
(a)to support the First Peoples' Assembly, Nginma Ngainga Wara and Nyerna Yoorrook Telkuna in the performance of their functions;
(b)to ensure the effective and efficient management of day to day operations of the First Peoples' Assembly, Nginma Ngainga Wara and Nyerna Yoorrook Telkuna;
(c)to perform any other function or duty of the Chief Executive Officer specified in this Act, any other Act or the internal rules.
28Staff and contractors
On behalf of Gellung Warl, the Chief Executive Officer may—
(a)employ as many employees; and
(b)engage as many contractors—
as are required to enable the functions of Gellung Warl under this Act or any other Act to be performed.
29Delegations by Chief Executive Officer
(1)Subject to section 20(3) and subsection (2), the Chief Executive Officer, by instrument, may delegate to a Gellung Warl staff member any function or power of the Chief Executive Officer under this Act or any other Act, other than this power of delegation.
(2)A delegation by the Chief Executive Officer under subsection (1) must be—
(a)to a First Peoples' Assembly staff member, in relation to any function or power of the First Peoples' Assembly that has been delegated to the Chief Executive Officer by the First Peoples' Assembly; and
(b)to a Nginma Ngainga Wara staff member, in relation to any function or power of Nginma Ngainga Wara that has been delegated to the Chief Executive Officer by Nginma Ngainga Wara; and
(c)to a Nyerna Yoorrook Telkuna staff member, in relation to any function or power of Nyerna Yoorrook Telkuna that has been delegated to the Chief Executive Officer by Nyerna Yoorrook Telkuna.
PART 4—POWERS TO MAKE SUBSTANTIVE RULES AND INTERNAL RULES
Division 1—Preliminary
30Objects of this Part
The objects of this Part are—
(a)to empower the First Peoples' Assembly to make substantive rules to give effect to Gellung Warl's deliberative nature, including to make rules that affect First Peoples; and
(b)to empower the First Peoples' Assembly to make internal rules to give effect to its self‑determining and generative nature, including in relation to its internal affairs; and
(c)to reflect the intention that Gellung Warl is generative and will continue to evolve as it takes on further powers, functions and responsibilities in relation to First Peoples through the ongoing Statewide Treaty‑making process.
Division 2—Substantive rules
31Power of First Peoples' Assembly to make substantive rules
(1)The First Peoples' Assembly may make substantive rules.
(2)Substantive rules may relate to any specified matter authorised by this Act or any other Act to be included in substantive rules.
(3)A substantive rule may—
(a)be of general or limited application; and
(b)differ according to differences in time, place or circumstance; and
(c)leave any matter or thing to be from time to time determined or approved by Gellung Warl or the First Peoples' Assembly; and
(d)confer powers or discretions or impose duties on any person or on a specified person or body or class of persons or bodies; and
(e)provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the substantive rules—
(i)whether unconditionally or on specified conditions; and
(ii)either wholly or to such an extent as is specified in the rules; and
(f)apply, adopt or incorporate by reference any document formulated or published by a person or body, whether—
(i)without modification or as modified by the rule; or
(ii)as formulated or published on or before the date when the rule is made; or
(iii)as formulated or published from time to time.
32Substantive rules—recognition and certificates evidencing acceptance by community
(1)Substantive rules may relate to how First Peoples organisations in Victoria provide certificates evidencing that a person is accepted as an Aboriginal or Torres Strait Islander person by the Aboriginal or Torres Strait Islander community, including the following—
(a)establishing processes for authorising First Peoples organisations in Victoria to provide certificates evidencing that a person is accepted as an Aboriginal or Torres Strait Islander person by the Aboriginal or Torres Strait Islander community or otherwise confirm that a person is accepted as an Aboriginal or Torres Strait Islander person by the Aboriginal or Torres Strait Islander community;
(b)establishing processes for how First Peoples organisations in Victoria may issue certificates evidencing that a person is accepted as an Aboriginal or Torres Strait Islander person by the Aboriginal or Torres Strait Islander community or otherwise confirm that a person is accepted as an Aboriginal or Torres Strait Islander person by the Aboriginal or Torres Strait Islander community;
(c)establishing processes relating to mutual recognition standards which provide for when a Victorian entity can recognise certificates evidencing that a person is accepted as an Aboriginal or Torres Strait Islander person by the Aboriginal or Torres Strait Islander community provided by an interstate or Territory entity for First Peoples who are not Traditional Owners in Victoria and the acceptance of that interstate or Territory recognition;
(d)establishing processes which may be adopted by a Victorian entity in relation to recognition of certificates evidencing that a person is accepted as an Aboriginal or Torres Strait Islander person by the Aboriginal or Torres Strait Islander community or otherwise confirm that a person is accepted as an Aboriginal or Torres Strait Islander person by the Aboriginal or Torres Strait Islander community.
(2)A substantive rule made under subsection (1)—
(a)is binding on First Peoples organisations in Victoria and First Peoples in Victoria insofar as a person applies to First Peoples organisations for certification or other confirmation that the person is accepted as an Aboriginal or Torres Strait Islander person by the Aboriginal or Torres Strait Islander community; and
(b)may be used as optional policy guidance by any Victorian entity that is not a First Peoples organisation in Victoria; and
(c)only operates within Victoria.
Division 3—Internal rules
33Power of First Peoples' Assembly to make internal rules
(1)The First Peoples' Assembly may make internal rules.
(2)Internal rules must relate to the internal affairs of Gellung Warl, including all or any of the following—
(a)its institutional structure;
(b)its institutional governance;
(c)any other matter relating to its internal operation.
(3)Without limiting subsection (2), internal rules—
(a)must provide for—
(i)the content or subject matter set out in Schedule 1; and
(ii)in the case of internal rules which are electoral rules, the content or subject matter set out in Schedule 2; and
(b)may provide for any other matter authorised by this Act or any other Act to be included in internal rules.
Note
See also section 36.
(4)An internal rule may—
(a)be of general or limited application; and
(b)differ according to differences in time, place or circumstance; and
(c)leave any matter or thing to be from time to time determined or approved by Gellung Warl or the First Peoples' Assembly; and
(d)confer powers or discretions or impose duties on any person or on a specified person or body or class of persons or bodies; and
(e)provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the internal rules—
(i)whether unconditionally or on specified conditions; and
(ii)either wholly or to such an extent as is specified in the rules; and
(f)apply, adopt or incorporate by reference any document formulated or published by a person or body, whether—
(i)without modification or as modified by the rule; or
(ii)as formulated or published on or before the date when the rule is made; or
(iii)as formulated or published from time to time.
Division 4—Rule making requirements and other matters
34Other rule making requirements
(1)An internal rule or a substantive rule must not be inconsistent with this Act or any other Act or statutory rule, including any Commonwealth Act, or a legislative instrument to which section 8(4) of the Legislation Act 2003 of the Commonwealth applies made under a Commonwealth Act.
(2)An internal rule or a substantive rule—
(a)must not exceed the power to make internal rules or substantive rules conferred by this Act or any other authorising Act; and
(b)must comply with any rule making process and procedures set out in this Act and any processes and procedures set out in any internal rules relating to the rule making processes.
35Gellung Warl plebiscite required for electoral rules which change First Peoples' Assembly member term periods
(1)The First Peoples' Assembly must make electoral rules to require a Gellung Warl plebiscite to be conducted before a rule changing the period of First Peoples' Assembly member terms is made.
(2)Before a proposed electoral rule changing the period of First Peoples' Assembly member terms is made by the First Peoples' Assembly, the proposed electoral rule changing the period of member terms must be approved by the majority of eligible electors voting at a Gellung Warl plebiscite conducted in accordance with the internal rules.
(3)Any internal rule which is an electoral rule changing the period of member terms is void if a Gellung Warl plebiscite is not conducted in relation to it.
36Consultation with Treaty Authority on certain internal rules
(1)This section applies if the First Peoples' Assembly intends to make an internal rule under clause 6 or 7 of Schedule 1 which involves complaints handling or dispute resolution by the Treaty Authority.
(2)The First Peoples' Assembly must consult with the Treaty Authority before making any internal rule to which this section applies.
37Status of rules under the Subordinate Legislation Act 1994 and Interpretation of Legislation Act 1984
(1)An internal rule or a substantive rule is not a statutory rule within the meaning of the Subordinate Legislation Act 1994.
(2)An internal rule or a substantive rule is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.
(3)An internal rule or a substantive rule is a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984.
38Certification of proposed internal rule or substantive rule
(1)Before the First Peoples' Assembly makes an internal rule or a substantive rule (including a rule amending or repealing or revoking such a rule), the First Peoples' Assembly must obtain a certificate from a qualified certifier stating that the person is of the opinion that the proposed internal rule or proposed substantive rule complies with the requirements of this Act relating to internal rules or substantive rules, as the case requires.
Note
See section 27 of the Interpretation of Legislation Act 1984 which provides for amending and repealing or revoking subordinate instruments.
(2)The certificate obtained under subsection (1) must be tabled at the First Peoples' Assembly meeting at which the proposed internal rule or proposed substantive rule is to be made.
39Process for making internal rules or substantive rules
(1)Internal rules or substantive rules are made by the First Peoples' Assembly voting on the proposed rule and the rule being passed by at least a majority of the First Peoples' Assembly.
(2)Internal rules and substantive rules must be made in accordance with the Community Engagement Charter once that Charter is in force.
(3)A failure to comply with subsection (2) does not affect the operation or effect of the internal rule or substantive rule.
40First Peoples' Assembly to publish notice of making of internal rule or substantive rule and make rule and certification available for inspection
Note
See Part 11.
8.2Additional requirements in relation to the management of culturally sensitive or culturally secret information including as a minimum—
(a)processes for classification of culturally sensitive or culturally secret information and attribution of the information to appropriate sources; and
(b)processes to facilitate consent to disclosure or publication of culturally sensitive or culturally secret information; and
(c)consent to disclosure or publication of restricted information that is culturally sensitive or culturally secret information; and
(d)a process for independent review into—
(i)whether information has been correctly classified; and
(ii)other processes in rules made under this item.
8.3Subject to the requirements of this Act, additional requirements in relation to the management of restricted information, including as a minimum, if staff members are working across the First Peoples' Assembly, Nginma Ngainga Wara and Nyerna Yoorrook Telkuna, or any combination of them, processes for managing restricted information of each of them.
8.4Information to be specified for the purposes of section 138(1)(b), including as a minimum—
(a)information that—
(i)is personal information; or
(ii)is health information; or
(iii)is the subject of legal professional privilege or client legal privilege; or
(b)information provided to or prepared for the purposes of a consensus meeting or that is a record of a consensus meeting; or
(c)information that—
(i)would prejudice Gellung Warl's position in commercial negotiations; or
(ii)would be likely to endanger the security of Gellung Warl property or pose a risk to the safety of any person; or
(iii)would be reasonably likely to prejudice an investigation by any law enforcement agency or any proceeding; or
(d)information that was given to Gellung Warl by a business or a commercial or financial undertaking and—
(i)relates to trade secrets; or
(ii)the disclosure of the information would unreasonably expose the business or commercial or financial undertaking to disadvantage; or
(e)information that relates to an internal review or a complaint; or
(f)information relating to Treaty negotiations or a dispute incidental to or in connection with Treaty negotiations.
9Consensus meetings
9.1Matters relating to consensus meetings including as a minimum—
(a)a requirement for the meeting to be attended by all members of the First Peoples' Assembly; and
(b)a requirement for the meeting to be held in private; and
(c)a requirement for a member of the First Peoples' Assembly to publicly support the agreed outcomes of the meeting, regardless of the views expressed by that member at the meeting; and
(d)any consequences for a member of the First Peoples' Assembly who fails to publicly support agreed outcomes of the meeting or who discloses matters discussed at the meeting; and
(e)requirements and processes for protecting the security of documents and information provided to or prepared for the purposes of a consensus meeting.
10Consultation processes for the purposes of declarations under the Public Records Act 1973
10.1Consultation processes for the purposes of the First Peoples' Assembly making or varying a declaration under section 9A of the Public Records Act 1973.
10.2Consultation processes for the purposes of the First Peoples' Assembly making a declaration under section 10AAA of the Public Records Act 1973.
11Rule making processes and procedures
11.1Consistent with and in addition to the powers in Part 4, this Schedule and Schedule 2, processes and procedures in relation to the making of internal rules and substantive rules, which may include the following—
(a)processes for the preparation and making of internal rules and substantive rules;
(b)processes for the scrutiny of internal rules and substantive rules;
(c)processes for consultation and engagement with eligible persons in relation to any proposed or existing internal rules or substantive rules.
SCHEDULE 2—CONTENT AND SUBJECT MATTER OF ELECTORAL RULES
Section 33
1Conduct of elections
1.1The conduct of elections, including as a minimum—
(a)requiring publication of public notice of an election prior to that election specifying the election period;
(b)requirements for timing and publication of a public notice of an election;
(c)the role of the Electoral Officer in relation to elections, including engaging third parties to assist in performing the role;
(d)the processes and requirements for a person to nominate as a candidate for election as a general member including the making of a declaration by the person nominating as a candidate that the person is qualified to be a member of the First Peoples' Assembly and the manner or form of a declaration;
(e)providing for when nominations as a candidate for election as a general member are void;
(f)voting centre conduct and processes to ensure elections are free, fair and transparent;
(g)processes for calling an election or conducting a countback to fill a vacancy.
1.2Providing for a fixed schedule of general elections to be held at least every 4 years after the first general election held under this Act and within 6 months after the end of each term of the general members unless the election period is changed by the Electoral Officer in accordance with electoral rules in specific circumstances which could adversely affect the conduct of an election.
Example
Natural disaster, cultural matters or sorry business.
1.3Providing for general elections to be held in accordance with the fixed schedule of general elections and for other elections to be held as required.
1.4Processes for the following—
(a)if the number of candidates is equal to or less than the number of vacancies to be filled at an election in an electoral division, providing for the Electoral Officer to make a declaration of the candidate or candidates to be elected and the giving of notice of that declaration;
(b)if there are no candidates for an election in an electoral division, the failure of that election and the giving of notice by the Electoral Officer that the election has failed.
1.5Preparation and publication of electoral conduct reports by the Electoral Officer in relation to the administration of the election, including—
(a)the timing for the report; and
(b)that the report includes any changes to the boundaries of any electoral division for the seats of general members since the last election.
2Structure of the First Peoples' Assembly
2.1The structure of the First Peoples' Assembly, including as a minimum—
(a)the minimum number of general members which must be at least 10;
(b)the minimum number of reserved members to be appointed to represent each Traditional Owner group which must be less than or equal to the total number of general members; and
(c)that each Traditional Owner group may appoint at least one reserved member, but is not required to do so;
(d)that the number of members of the First Peoples' Assembly which must not exceed 80 in total;
(e)the development of gender quotas for vacancies of general members.
2.2Providing for any alteration of the structure of the First Peoples' Assembly to occur in accordance with the larbargirrar gnuurtak tulkuuk (community answerability) principles and the Community Engagement Charter.
3Electoral boundaries and divisions
3.1Processes for setting electoral boundaries of each electoral division, including as a minimum—
(a)ensuring electoral divisions for general members represent all areas of Victoria;
(b)ensuring all electoral divisions for general members are of approximately equal population of persons eligible to be registered on the Gellung Warl electoral roll.
3.2Publication of any map of the boundaries of each electoral division, including when set or amended.
3.3Processes for reviewing and amending the electoral boundaries and electoral divisions, including as a minimum—
(a)ensuring electoral divisions for general members remain of approximately equal population of persons eligible to be registered on the Gellung Warl electoral roll;
(b)providing for proposed amendments to be available to eligible electors and for processes for eligible electors to make submissions or objections within a period of at least 30 days after the proposed amendment is made available.
3.4Providing for any other matter that may be taken into account to facilitate alignment of electoral boundaries with cultural practices and landscapes, including Traditional Owner group boundaries.
4Appointing reserved members
4.1For the purposes of paragraph (d) of the definition of Traditional Owner group—
(a)a process for entities to be recognised as a Traditional Owner group to appoint a reserved member;
(b)specifying entities to be a Traditional Owner group.
4.2Providing for a review to be conducted of the eligibility of entities specified under item 4.1 or other Traditional Owners to appoint reserved members, within 3 years of the commencement of this Schedule, and for the review to consider, as a minimum—
(a)any changes to the Traditional Owner Treaty landscape; and
(b)the ways Traditional Owner groups are organised or arranged.
4.3Requiring each Traditional Owner group to develop and publish processes and procedures by which a reserved member is to be appointed to the First Peoples' Assembly.
4.4Processes for a person to nominate as a candidate for appointment as a reserved member, including—
(a)the making of a declaration by the person nominating as a candidate that the person is qualified to be a member of the First Peoples' Assembly and the manner or form of a declaration; and
(b)providing for when nominations are void.
5Gellung Warl electoral roll
5.1Eligibility for registration on the Gellung Warl electoral roll, including as a minimum—
(a)that a person is 16 years of age or above; and
(b)that a person is either—
(i)a Traditional Owner; or
(ii)an Aboriginal or Torres Strait Islander person residing in Victoria who has been residing in Victoria for at least 3 of the 5 years before the person applies to be registered on the Gellung Warl electoral roll.
5.2Process for applying for registration on the Gellung Warl electoral roll, including any documentation or evidence required, and as a minimum, providing evidence of a person's full name, age and residential address and eligibility under rules made under item 5.1.
5.3Administrative processes for or in relation to the Gellung Warl electoral roll, including—
(a)registration of all persons who are eligible to vote in an election;
(b)the functions and powers of the Electoral Officer in relation to the roll.
6Voting
6.1The voting method or methods to be used in an election, which must be free, fair and transparent, including voting methods for eligible interstate or overseas electors to vote.
6.2How a person may cast a valid vote in an election and entitlement to a vote in an election, including that each eligible elector is entitled to one vote.
6.3The procedure to be followed at the close of voting, including how votes are to be counted and how a quota is to be determined, including as a minimum—
(a)that votes are to be counted using preferential or proportional voting methods; and
(b)the procedure to be followed at the close of voting;
(c)providing for the scrutiny of votes.
6.4How any ballot or other material used in respect of an election is to be collected, handled and stored during and after the election, including as a minimum—
(a)securing all such material and its secure storage;
(b)who is responsible for securing the material.
6.5How an election is to be determined, including the process to be followed if an election fails.
6.6Processes for the public declaration of the result of an election by the Electoral Officer, including that the declaration includes—
(a)the announcement of the name of each candidate elected; and
(b)the total number of persons on the Gellung Warl electoral roll at the time of the election.
7Expenditure and donations for general members and reserved members
7.1Electoral expenditure matters including electoral donation disclosure processes and exemptions for gifts and related matters, including as a minimum—
(a)all election campaign donations are capped at or below the dollar amount specified by the general cap within the meaning of the Electoral Act 2002 as indexed under section 217Q of that Act;
(b)requiring all candidates for election as a general member or appointment as a reserved member to provide an election campaign disclosure return to the Chief Executive Officer within 40 days after the end of the election period setting out—
(i)the particulars of each election campaign donation received by the candidate during the donation period unless an exception applies; and
Note
See definitions of election campaign donation and donation period.
(ii)if the candidate did not receive any election campaign donations during the donation period, a statement to that effect; and
(iii)the name of the donor; and
(iv)the date on which the gift was received; and
(v)the amount of the gift; and
(c)requiring publication of a summary of each election campaign disclosure return on the Internet site of Gellung Warl within a reasonable time and including, if provided in the election campaign disclosure return, the name of any person that provided the gift and its value; and
(d)restricting or prohibiting accepting of election campaign donations from a donor, unless the donor—
(i)is an Australian citizen or an Australian resident; or
(ii)in the case of a donor who is not a natural person, has an Australian Business Number issued under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth; and
(e)prohibiting anonymous election campaign donations;
(f)requiring a person who makes election campaign donations to give that person's name and address and providing for processes to ensure those details are not false;
(g)processes for the disclosure of electoral campaign expenditure;
(h)a cap on electoral campaign expenditure.
8Gellung Warl plebiscites
8.1The conduct of Gellung Warl plebiscites for changes to electoral rules which change the period of First Peoples' Assembly member terms, including as a minimum—
(a)how a Gellung Warl plebiscite is to be conducted by the Electoral Officer;
(b)requirements for validity of a Gellung Warl plebiscite;
(c)that at least 30% of eligible electors or such higher percentage as provided for by the rules is required to vote at a Gellung Warl plebiscite for it to be valid;
(d)certifications by the Electoral Officer in relation to Gellung Warl plebiscites, including as to whether—
(i)the question to be asked at the Gellung Warl plebiscite about the changes to the period of First Peoples' Assembly members terms is clear and unambiguous; and
(ii)sufficient information has been made available to eligible electors in relation to the nature and effect of the question being asked about the changes to the period of First Peoples' Assembly members terms for eligible electors voting at the Gellung Warl plebiscite and sufficient time has been allowed to consider that information; and
(iii)any proposed internal rule complies with the requirements of this Act if a Gellung Warl plebiscite is passed.
9General
9.1For the purposes of Division 1 of Part 3 of the Treaty Authority and Other Treaty Elements Act 2022, specifying conduct that justifies the removal of the Electoral Officer from office and processes and procedures in relation to such removal.
9.2Any other matters that are necessary or required in relation to the conduct of elections under this Act.
SCHEDULE 3—CONTENT AND SUBJECT MATTER FOR FIRST PEOPLES' ASSEMBLY GUIDELINES AND STANDARDS
Section 50
1Promoting and upholding First Peoples' cultural safety—
(a)either generally or in the context of specific activities, industries or sectors; and
(b)which must be capable of working with existing legal and regulatory regimes and being implemented by Victorian entities.
2Sharing and trading of water entitlements held by First Peoples or First Peoples organisations between First People including—
(a)best practice guidance on the sharing and trading of water entitlements held by First Peoples or First Peoples organisations; and
(b)measures to create a fair operating environment for the sharing and trading of water entitlements held by First Peoples or First Peoples organisations, including consultation standards and educational resources; and
(c)measures to create a culturally-strong operating environment, including to facilitate the transfer of water entitlements held by First Peoples or First Peoples organisations in the manner determined by First Peoples, with or without monetary compensation; and
(d)dispute resolution processes in relation to the sharing and trading of water entitlements held by First Peoples or First Peoples organisations.
SCHEDULE 4—PERSONS OR BODIES TO WHOM NGINMA NGAINGA WARA MAY REFER MATTERS
Section 113
1The Auditor-General
2The Chief Commissioner of Police
3The Commission for Children and Young People
4The Information Commissioner, in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014
5The Director of Public Prosecutions
6The Inspector-General for Emergency Management
7The Environment Protection Authority
8The Health Complaints Commissioner
9The IBAC
10The Mental Health and Wellbeing Commission
11The Victorian Equal Opportunity and Human Rights Commission
12Integrity Oversight Victoria
13The Victorian WorkCover Authority
14A coroner
15A Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown
16A Board of Inquiry established under the Inquiries Act 2014
17A Formal Review established under the Inquiries Act 2014
18The Chief Municipal Inspector appointed under section 182 of the Local Government Act 2020
19The Victorian Disability Worker Commission
20The Ombudsman
21The Commissioner for Environmental Sustainability appointed under the Commissioner for Environmental Sustainability Act 2003
22The Judicial Commission referred to in Part IIIAA of the Constitution Act 1975
23The Parliamentary Workplace Standards and Integrity Commission established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024
═════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 9 September 2025
Legislative Council: 16 October 2025
The long title for the Bill for this Act was "A Bill for an Act to establish a First Peoples' representative and deliberative body named Gellung Warl, to amend the Advancing the Treaty Process with Aboriginal Victorians Act 2018 and the Treaty Authority and Other Treaty Elements Act 2022, to consequentially amend other Acts and for other purposes."
The Statewide Treaty Act 2025 was assented to on 13 November 2025 and comes into operation as follows:
Sections 1–8, 190–200, 229 on 14 November 2025: section 3(1).
Sections 9–189, 201–228, 230–299 on 1 May 2026: section 3(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Statewide Treaty Act 2025 by Acts and subordinate instruments.
3 Explanatory details
No entries at date of publication.
0
0
0