Statewide Treaty Act 2025

Part 1—Preliminary

1 Purposes

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.

2 Objects 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.

3 Commencement

(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.

4 Definitions

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 Act 2004;

Department Head has the same meaning as in the Public Administration Act 2004;

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 Authority and 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—

(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—

(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—

(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;

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 the Treaty 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.

5 Act 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.

6 Good 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.

7 Parliamentary 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.

8 Powers 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

9 Objects 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.

10 Establishment of Gellung Warl

(1) Gellung Warl is established.

"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.

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.

11 Common 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".

12 Functions 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.

13 Gellung 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.

14 Gellung 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.

15 Indemnities

(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

16 Object 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.

17 The 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.

18 Functions 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;

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.

19 Powers 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.

20 Delegations 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.

See section 29 for the power of delegation of a Chief Executive Officer.

21 Qualification 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

(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

(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.

22 Term 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.

23 Suspension 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.

24 Removal 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.

25 The 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.

26 Executive 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.

27 Functions 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.

28 Staff 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.

29 Delegations 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

30 Objects of this Part

(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

31 Power 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.

32 Substantive 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

33 Power 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.

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

34 Other 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.

35 Gellung 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.

36 Consultation 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.

37 Status 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.

38 Certification 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.

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.

39 Process 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.

40 First Peoples' Assembly to publish notice of making of internal rule or substantive rule and make rule and certification available for inspection

(1) On the making of an internal rule or a substantive rule, the First Peoples' Assembly must ensure that a notice of its making is published on the First Peoples' Assembly's Internet site.

(2) The First Peoples' Assembly must ensure that a copy of any internal rule or substantive rule made by it and a copy of the related certification under section 38 are available for inspection—

(a) at the First Peoples' Assembly's office; and

(b) on the First Peoples' Assembly's Internet site.

41 Notice of publication of rule to be given to Minister and Chief Parliamentary Counsel

(1) The First Peoples' Assembly must give a notice stating that it has made an internal rule or substantive rule to the Minister as soon as practicable after the publication of the rule.

(2) The First Peoples' Assembly must give a notice stating that it has made an internal rule or substantive rule to the Chief Parliamentary Counsel as soon as practicable after the publication of the rule.

(3) Notice of the publication of a rule under this section is for information purposes only.

See also Part 7.

(4) A failure to comply with subsection (1) or (2) does not affect the operation or effect of the internal rule or substantive rule.

42 Rules commence on day of making or later date as specified in rule

(1) An internal rule or a substantive rule or a provision of an internal rule or substantive rule comes into operation at the beginning of—

(a) the day on which the rule is made by the First Peoples' Assembly; or

(b) if a later date is specified in the rule, that later date.

(2) Despite the coming into operation of an internal rule, a substantive rule or a provision of a rule, a person cannot be prejudicially affected or made subject to any liability by the rule or provision if evidence is provided that, at the time of the alleged prejudicial effect or liability—

(a) notice under section 40(1) had not been published by the First Peoples' Assembly on its Internet site; or

(b) the rule had not been made available for inspection under section 40(2)—

(i) at the First Peoples' Assembly's office; and

(ii) on the First Peoples' Assembly's Internet site.

(3) A person cannot rely on subsection (2) if evidence is provided that, at the relevant time, reasonable steps had been taken for the purpose of bringing the effect of the internal rule, substantive rule or provision to the notice of—

(a) the public; or

(b) persons likely to be affected; or

(c) the person concerned.

43 Acts and statutory rules prevail to extent of any inconsistency

If there is any inconsistency between an Act or a statutory rule and internal rules or substantive rules—

(a) the Act or statutory rule prevails to the extent of the inconsistency; and

(b) the internal rule or substantive rule is inoperative to the extent of the inconsistency.

44 Validity of internal rules and substantive rules may be disputed

(1) First Peoples or First Peoples organisations may dispute the validity of an internal rule or a substantive rule under section 103 of the Supreme Court Act 1986 as if—

(a) an internal rule or a substantive rule were a by-law within the meaning of that section; and

(b) the First Peoples' Assembly were a corporation with the meaning of that section.

(2) Nothing in subsection (1) limits any other right or otherwise affects the standing of any person to dispute or challenge an internal rule or a substantive rule in the Supreme Court or any other applicable jurisdiction.

Division 5—Disallowance

45 Disallowance of an internal rule or a substantive rule

(1) Without limiting subsection (2)(a), if a member of a House of the Parliament so requests, the Clerk of the relevant House must cause an internal rule or a substantive rule to be laid before that House as soon as practicable after the request.

(2) An internal rule or a substantive rule is disallowed in whole or in part if—

(a) the rule is laid before each House of the Parliament by a member of that House after its publication or by the Clerk, if so requested by a member; and

(b) a notice of a resolution to disallow the rule is given in each House on or before the 18th sitting day of the House after the rule is laid before that House by the member seeking disallowance; and

(c) the resolution is passed by each House on or before the 12th sitting day of the relevant House after the giving of the notice of the resolution in that House.

(3) The notice of a resolution to disallow the rule under subsection (2)(b) must be accompanied by a statement of reasons by the member for the disallowance which is to be laid before the House with the notice.

(4) Notice of a resolution to disallow an internal rule or a substantive rule may be expressed to apply to the whole or to any part of the internal rule or substantive rule.

(5) The member giving notice of the resolution to disallow the rule must give to the First Peoples' Assembly a copy of—

(a) the notice of the resolution to disallow the rule; and

(b) the statement of reasons.

(6) The member must give the copies to the First Peoples' Assembly under subsection (5) as soon as reasonably practicable after notice of a resolution to disallow the rule has been given to each House under subsection (2)(b).

(7) The resolution to disallow has effect according to its tenor.

(8) If a House of the Parliament is prorogued or the Legislative Assembly is dissolved—

(a) the prorogation or dissolution does not affect the power of the House to pass a resolution disallowing an internal rule or a substantive rule; and

(b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.

46 Effect of disallowance

(1) Subject to subsection (2), if an internal rule or a substantive rule or a part of an internal rule or a substantive rule is disallowed by each House of the Parliament, the disallowance has the same effect as a revocation or repeal of the rule or part, as the case requires.

(2) If an internal rule or a substantive rule or a part of a rule is disallowed by each House of the Parliament—

(a) any internal rule or substantive rule or part of a rule that had been revoked or repealed by the disallowed rule or part is revived as from the beginning of the day on which the rule or part was disallowed; and

(b) any internal rule or substantive rule that had been amended by the disallowed rule or part takes effect without that amendment as from the beginning of the day on which the rule or part was disallowed in all respects as if the disallowed rule or part had not been made.

47 Clerk to publish notice of disallowance

If an internal rule or a substantive rule, or part of an internal rule or a substantive rule, is disallowed, the Clerk of the Parliaments must cause notice of the disallowance to be published in the Government Gazette.

48 Transmission of documents to Parliament

(1) If a document is transmitted to a House of the Parliament under this Act, the Clerk of the relevant House must cause the document to be laid before the House—

(a) on the day on which it is received; or

(b) on the next sitting day of the House.

(2) If a person or other entity proposes to transmit a document to a House of the Parliament under this Act on a day on which the House is not actually sitting, the person or other entity must—

(a) give one business day's notice of the intention to do so to the Clerk of the relevant House; and

(b) give the document to the Clerk on the day indicated in the notice.

(3) If the Clerk of a House of the Parliament receives a notice under subsection (2)(a), on the same day the Clerk must notify each member of the House of the receipt of the notice.

(4) If the Clerk of a House of the Parliament receives a document under subsection (2)(b), the Clerk must—

(a) notify each member of the House as soon as practicable of the receipt of the document; and

(b) ensure that a copy of the document is available to each member on request; and

(c) cause the document to be laid before the House on the next sitting day of the House.

(5) A document given to the Clerk of a House of the Parliament under subsection (2)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament or each of them.

Part 5—First Peoples' Assembly guidelines and standards and statutory appointments

49 Objects of this Part

(a) to provide other mechanisms for First Peoples to make decisions in relation to matters that affect First Peoples including—

(i) making guidelines and standards; and

(ii) making certain statutory appointments of First Peoples; and

(b) 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.

50 First Peoples' Assembly guidelines and standards

(1) The First Peoples' Assembly may issue guidelines and standards.

(2) Without limiting subsection (1), First Peoples' Assembly guidelines and standards—

(a) may provide for the content or subject matter set out in Schedule 3; and

(b) may provide for any other matter authorised by this Act or any other Act to be included in First Peoples' Assembly guidelines and standards; and

(c) must not be inconsistent with this Act or any other Act or statutory rule.

Schedule 3 currently provides for the content and subject matter of First Peoples' Assembly guidelines and standards for promoting and upholding First Peoples' cultural safety and for the sharing and trading between First Peoples of water entitlements held by First Peoples or First Peoples organisations.

51 Rules and policies to support guidelines and standards

(1) The First Peoples' Assembly may make internal rules and adopt policies for or in relation to—

(a) the issuing of First Peoples' Assembly guidelines and standards; and

(b) the provision of advice by Gellung Warl to any person on First Peoples' Assembly guidelines and standards.

(2) In relation to cultural safety guidelines and standards, the First Peoples' Assembly may make internal rules and adopt policies for or in relation to—

(a) the definition of cultural safety and any related concepts, such as cultural competency, for the purposes of cultural safety guidelines and standards; and

(b) registration or accreditation of persons and other entities that agree to comply with cultural safety guidelines and standards; and

(c) the monitoring and oversight of registration, accreditation or compliance with cultural safety guidelines and standards; and

(d) dispute resolution processes in relation to registration, accreditation or compliance; and

(e) the provision of advice by Gellung Warl to any person on cultural safety and cultural competency.

52 Effect of First Peoples' Assembly guidelines and standards

(1) Cultural safety guidelines and standards may be voluntarily adopted by any entities but do not apply to an entity if they have not been voluntarily adopted by the entity.

(2) Subject to subsection (3), cultural safety guidelines and standards do not create any legally enforceable rights or obligations.

(3) Subsection (2) does not apply to the extent to which entities enter into a contract, agreement or other arrangement under which compliance with or contravention of the guidelines or standards is given legally enforceable consequences.

(4) If First Peoples' Assembly guidelines and standards relate to water entitlements held by First Peoples or First Peoples organisations, the guidelines and standards do not affect the operation of the Water Act 1989 or the Native Title Act 1993 of the Commonwealth.

53 Requirements in relation to appointment functions

(1) This section applies where the First Peoples' Assembly has a function to make statutory appointments under any other Act.

See for example the Aboriginal Heritage Act 2006 and the Heritage Act 2017.

(2) The First Peoples' Assembly must develop and maintain internal policies and processes that demonstrate—

(a) risk assessments and probity checks are completed to determine suitability and integrity of any potential candidates for statutory appointments; and

(b) the processes ensure candidates for statutory appointments appropriately identify and manage conflicts of interest; and

(c) merit-based selection processes are used in relation to any pool of candidates for statutory appointments.

(3) The First Peoples' Assembly must have regard to any existing State policies and procedures in relation to statutory appointments when developing any policies and processes under subsection (2).

(4) The First Peoples' Assembly must have regard to the Community Engagement Charter for all decisions about statutory appointments.

(5) A failure to comply with subsection (4) does not affect the validity of the statutory appointment or provide grounds for review of the decision to appoint.

Part 6—Election of general members and appointment of reserved members

54 Object of this Part

(1) The object of this Part is to provide for the Gellung Warl electoral and appointment processes and form of representation to be determined by First Peoples under the electoral rules.

(2) The electoral model outlined in this Part aims to provide for a self-determined model of political representation for First Peoples in Victoria that reflects Aboriginal Lore, Law and Cultural Authority and the responsibilities of Traditional Owners to Country and to all peoples who are on Country.

55 Gellung Warl electoral roll

(1) The Electoral Officer must establish and maintain the Gellung Warl electoral roll in accordance with the electoral rules.

(2) The Gellung Warl electoral roll is an independent electoral roll that is separate and distinct from—

(a) an electoral roll prepared by the Victorian Electoral Commission under section 29 of the Electoral Act 2002; and

(b) an electoral roll prepared under the Commonwealth Electoral Act 1918 of the Commonwealth; and

(c) any other electoral roll prepared under any other Act.

56 Conduct of elections

(1) For the purposes of this Part, the First Peoples' Assembly must make electoral rules in accordance with Part 4 and Schedules 1 and 2.

(2) An election must be conducted by the Electoral Officer in accordance with the electoral rules.

See also Part 3 of the Treaty Authority and Other Treaty Elements Act 2022 for further functions and powers of the Electoral Officer.

57 Validity of elections

(1) The validity of an election is not affected by any defect in the appointment of any person for the purpose of holding the election.

(2) The validity of an election is not affected by—

(a) any irregularity in any of the procedures preliminary to voting; or

(b) any failure to hold the election in accordance with the electoral rules—

if the irregularity or failure did not affect the result of the election.

58 Forfeiture of election donations accepted in contravention of electoral rules

(1) If an election campaign donation is accepted in contravention of the electoral rules, an amount equal to the amount or value of the donation is payable by the candidate who accepted the donation to Gellung Warl.

(2) Any amount payable under this section may be recovered by the Chief Executive Officer as a debt due to Gellung Warl in any court of competent jurisdiction.

(3) Any amount recovered under subsection (2) must be paid into the Self-Determination Fund.

59 Dispute of validity of election on application to VCAT

(1) Within 14 days after the declaration of the result of an election—

(a) a candidate for the election in dispute; or

(b) at least 10 persons who were entitled to vote at the election in dispute; or

(c) the Electoral Officer—

may apply to VCAT to dispute the validity of the election.

(2) An application under subsection (1)—

(a) is made to VCAT in its original jurisdiction; and

(b) must be made in accordance with section 67 of the Victorian Civil and Administrative Tribunal Act 1998.

See also Part 3A of the Victorian Civil and Administrative Tribunal Act 1998 in relation to matters of federal jurisdiction.

60 Powers of VCAT

VCAT has the following powers in any proceeding in relation to an application under section 59—

(a) the power to order that any candidate who was declared elected was not elected;

(b) the power to order that any candidate who was not declared elected was elected;

(c) the power to order that any election is void;

(d) the power to dismiss or uphold an application in whole or in part.

Notes

1. See also Division 3 of Part 15 in relation to complaints other than disputed elections.

2. See also Part 3A of the Victorian Civil and Administrative Tribunal Act 1998 in relation to matters of federal jurisdiction.

61 Consequences of VCAT's orders

(1) If VCAT orders that a person declared elected was not elected, the person ceases to be a member of the First Peoples' Assembly from the date determined by VCAT.

(2) If VCAT orders that a person not declared elected was elected, the person is declared to be elected from the date determined by VCAT.

(3) If VCAT orders that an election is void, a re‑election must be held.

(4) A re-election must be held on the Gellung Warl electoral roll that was prepared for the purposes of the election that has been declared void.

62 Appointment of reserved members

In accordance with the electoral rules, each Traditional Owner group is entitled to appoint a reserved member to the First Peoples' Assembly in accordance with the Traditional Owner group's procedures developed and published by that group.

Part 7—Addresses and reports to Parliament

63 Objects of this Part

(a) to empower the First Peoples' Assembly to inform the Parliament on the effect of proposed legislation on First Peoples to support more effective laws as they relate to First Peoples and—

(i) to address the significant disadvantage of First Peoples; and

(ii) to support self-determined and better outcomes for First Peoples, benefitting the Victorian community as a whole; and

(b) to establish advisory and relational practices between Parliament and the First Peoples' Assembly that supports the broader relationship established under Statewide Treaty-making.

Division 2—Annual address to Parliament

64 Annual address to Parliament

(1) Each year, the Minister, in consultation with the First Peoples' Assembly and with the Presiding Officers, must determine a sitting day or sitting days on which the First Peoples' Assembly is to present an annual address to a joint sitting of the Legislative Council and Legislative Assembly.

(2) The First Peoples' Assembly's annual address is about any matters that the First Peoples' Assembly considers affect First Peoples.

(3) The annual address is to be made by not more than 2 members of the First Peoples' Assembly, nominated by the First Peoples' Assembly.

Division 3—Informing Parliament of the effect of proposed legislation on First Peoples

65 First Peoples' Assembly to be notified of introduction of Bills

As soon as practicable after the introduction of a Bill into the Parliament, the Clerk of the House in which it was introduced must cause notification of the introduction to be given to the First Peoples' Assembly.

66 Statement of Treaty compatibility

(1) A member of Parliament who proposes to introduce a Bill into the Parliament must cause a statement of Treaty compatibility to be prepared in respect of that Bill.

(2) A member of each House must cause the statement of Treaty compatibility prepared under subsection (1) to be laid before that House before the second reading speech on the Bill is given.

(3) A statement of Treaty compatibility must state—

(a) whether the First Peoples' Assembly was given an opportunity to advise on the Bill or the First Peoples' Assembly otherwise made representations about the effect of the Bill on First Peoples; and

(b) the nature and timing of any opportunity to advise and the nature and timing of any representations; and

(c) in the member's opinion, the extent to which the Bill is consistent with any advice given or representations made; and

(d) whether, in the member's opinion, the Bill is compatible with—

(i) advancing the inherent rights and self‑determination of First Peoples; and

(ii) addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation; and

(iii) ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples; and

These matters are included in the objects of this Act—see section 2(1)(c) and (d).

(e) if, in the member's opinion, any part of the Bill is incompatible with paragraph (d)(i), (ii) or (iii), the nature and extent of that incompatibility.

67 Notification of Bill affecting internal rules or substantive rules

As soon as reasonably practicable after giving the member's second reading speech on a Bill in the first House of introduction, the member must notify the First Peoples' Assembly if, in the member's opinion, the Bill deals with a matter that is the subject of an internal rule or substantive rule.

68 No effect on Victorian law

A failure to comply with section 65, 66 or 67 in relation to any Bill that becomes an Act does not affect the validity, operation or enforcement of that Act or any other Act or any subordinate instrument, or any provision of any Act or subordinate instrument.

69 First Peoples' Assembly may request information

(1) After the second reading of a Bill has been proposed, the First Peoples' Assembly, in writing, may request further information about the Bill from the member of Parliament who introduced the Bill into the Parliament.

(2) The First Peoples' Assembly may publish or disseminate—

(a) a copy of a request made under subsection (1); and

(b) a copy of any response received or, if a response has not been received, a statement to that effect.

70 Presiding Officer may invite First Peoples' Assembly to make submission or address

(1) The President or the Speaker, by written notice, may invite the First Peoples' Assembly to make a written submission to the Legislative Council or the Legislative Assembly (as the case requires) addressing matters specified in the notice.

(2) The President or the Speaker, by written notice, may invite the First Peoples' Assembly to address the Legislative Council or the Legislative Assembly (as the case requires) in relation to matters specified in the notice.

(3) Nothing in this section requires the First Peoples' Assembly to make a submission or an address.

71 Requirements for written submission and tabling

(1) If the First Peoples' Assembly decides to make a submission in response to an invitation under section 70(1) or (2), it must give a copy of the submission to the Clerk of the Assembly or the Clerk of the Council (as the case requires).

(2) Subject to section 48, if a submission is received by the Clerk of a House, the Clerk must cause the submission to be tabled in that House on the next sitting day of the House.

72 Requirements for address

An address under section 70 is to be made by not more than 2 members of the First Peoples' Assembly, nominated by the First Peoples' Assembly.

73 Parliamentary committee may request address or written submission

(1) A parliamentary committee, by written notice, may invite the First Peoples' Assembly to make a written submission to the committee addressing matters specified in the notice.

(2) A parliamentary committee, by written notice, may invite the First Peoples' Assembly to address the committee in relation to matters specified in the notice.

(3) Nothing in this section—

(a) requires the First Peoples' Assembly to make a submission or address; or

(b) limits the powers or privileges of a parliamentary committee under the Parliamentary Committees Act 2003 or any other law.

Division 4—Other reports

74 First Peoples' Assembly may give report to Parliament

(1) At any time, the First Peoples' Assembly may give a written report to the Legislative Assembly and the Legislative Council about any matter it considers affects First Peoples.

(2) A copy of the report must be delivered to—

(a) the Clerk of each House; and

(b) the Minister.

(3) Subject to section 48, the Clerk must cause a copy of the report to be tabled in the House on the next sitting day of the House.

(4) As soon as is reasonably practicable after receiving the report, the Minister must provide a copy of the report to each Minister having responsibility for a matter identified in the report.

(5) Within 6 months after the report was first tabled in a House, the Minister must cause a response to be prepared setting out—

(a) each Minister's response to any matter identified in the report for which that Minister has responsibility; and

(b) if any action has been taken, or is proposed to be taken in response to the report or part of the report, details of that action or proposed action; and

(c) if no action is to be taken in response to the report or part of the report, the reasons for not taking action.

(6) The Minister must cause a copy of the response to be given to the Clerk of each House.

(7) Subject to section 48, the Clerk must cause a copy of the response to the report to be tabled in the House on the next sitting day of the House.

Division 5—General

75 No effect on conduct of parliamentary business

Nothing in this Act limits the power of a House of the Parliament to conduct its business, including, to avoid doubt, the consideration or passing of Bills—

(a) about which the First Peoples' Assembly has been invited to make an address or a written submission; and

(b) that are the subject of any report given to the responsible Minister under section 74.

Part 8—Representations and advice to State government

76 Objects of this Part

(a) to empower the First Peoples' Assembly to inform the State government and State‑funded service providers on matters affecting First Peoples—

(i) to address the significant disadvantage of First Peoples; and

(ii) to support self-determined and better outcomes for First Peoples, benefitting the Victorian community as a whole; and

(iii) to support the development and implementation of more effective policies and laws as they relate to First Peoples; and

(b) to establish advisory and relational practices between the State government and the First Peoples' Assembly that supports the broader relationship established under Statewide Treaty-making.

See also the Treaty principles set out in Part 2 of the Public Administration Act 2004.

Division 2—Representation meetings

77 What is a representation meeting?

A representation meeting is a meeting between the Cabinet and the First Peoples' Assembly for the purpose of enabling the First Peoples' Assembly to make representations to the Cabinet about matters affecting First Peoples.

78 Conduct of representation meetings

(1) The Premier must cause at least 2 representation meetings to be held in each year.

(2) Despite subsection (1), fewer than 2 representation meetings may be held in a year if—

(a) the First Peoples' Assembly decides that it is not reasonably practicable for a particular representation meeting to take place; and

(b) it is not reasonably practicable for that representation meeting to be rescheduled to take place in the same year.

(3) More than 2 representation meetings may be held in any year as agreed by the Premier and the First Peoples' Assembly.

(4) A representation meeting is to be conducted in accordance with the procedures agreed by the Premier and the First Peoples' Assembly.

(5) The First Peoples' Assembly may nominate 2 members of the First Peoples' Assembly to attend a representation meeting.

79 Representation meeting subject to Cabinet confidentiality

(1) A representation meeting is subject to the same requirements for confidentiality as if it were a meeting of the Cabinet.

(2) Each of the following documents are subject to Cabinet confidentiality—

(a) a document that is the official record of any representation meeting;

(b) a document that has been prepared by or for a Minister or on the Minister's behalf for the purposes of a representation meeting;

(c) a document prepared for the purpose of briefing a Minister in relation to issues to be considered at a representation meeting;

(d) a document given to a Minister or the Cabinet by the First Peoples' Assembly at or for the purposes of a representation meeting;

(e) a document given to the First Peoples' Assembly by a Minister or the Cabinet at or for the purposes of a representation meeting;

(f) a document that is a copy or draft of, or contains extracts from, a document referred to in paragraph (a), (b), (c), (d) or (e);

(g) a document the disclosure of which would involve disclosure of the content or subject of any representation meeting.

See also section 28(4) of the Freedom of Information Act 1982.

(3) Information is subject to Cabinet confidentiality if it is information that, if it were in the form of a document, would be a document referred to in subsection (2).

Division 3—Engagement hearing

80 Purpose of engagement hearing

(1) The purpose of an engagement hearing with Ministers and Secretaries is to enable the First Peoples' Assembly to ask Ministers and Secretaries questions about the priorities, operations, expenditure and budget of the Department for which that Minister or Secretary is responsible, to the extent of that responsibility, as they affect—

(a) the health, welfare or education of First Peoples; or

(b) the structure, organisation and efficiency of the Department as they relate to matters affecting First Peoples and the ways in which those areas may be enhanced; or

(c) any other matter agreed between the First Peoples' Assembly and the Premier.

(2) The purpose of an engagement hearing with the Chief Commissioner of Police is to enable the First Peoples' Assembly to ask the Chief Commissioner of Police questions about the priorities, expenditure and budget of Victoria Police as they affect—

(a) the health, welfare or education of First Peoples; or

(b) the structure, organisation and efficiency of Victoria Police as they relate to matters affecting First Peoples and the ways in which those areas may be enhanced; or

(c) any other matter agreed between the First Peoples' Assembly and the Premier.

81 Conduct of engagement hearing

(1) The Premier must cause an engagement hearing to be held if it is requested in writing by the First Peoples' Assembly.

(2) Not more than one engagement hearing may be held in any year.

(3) An engagement hearing is to be conducted in accordance with the procedures agreed by the Premier and the First Peoples' Assembly.

(4) In accordance with the procedures agreed under subsection (3), an engagement hearing is to be attended by—

(a) at least 2 members of the First Peoples' Assembly, nominated by the First Peoples' Assembly; and

(b) each Minister who is specified by the First Peoples' Assembly for the purposes of the engagement hearing, in accordance with the procedures; and

(c) the Secretary of each Department and the Chief Commissioner of Police, if specified by the First Peoples' Assembly for the purposes of the engagement hearing, in accordance with the procedures.

82 Transcript or joint communique to be published following engagement hearing

(1) The Premier must cause the publication of—

(a) a transcript of an engagement hearing; or

(b) if the Premier and the First Peoples' Assembly agree, a written joint communique about the engagement hearing.

(2) The transcript or joint communique is to be published as soon as reasonably practicable after the conclusion of the engagement hearing.

Division 4—Representations and submissions to Ministers

83 First Peoples' Assembly may make representations to Ministers

(1) From time to time, the First Peoples' Assembly, on its own initiative, may—

(a) make written submissions to a Minister about matters of interest to First Peoples; and

(b) ask questions, in writing, of a Minister about matters of interest to First Peoples.

(2) The Minister must respond in writing to the First Peoples' Assembly within 60 days after receiving any submission or questions, unless a longer period is agreed to by the First Peoples' Assembly.

(3) Subject to section 140, the response must—

(a) in the case of questions, answer any questions or set out reasons why the Minister is unable to answer any question; and

(b) in the case of a submission, set out the actions taken or proposed to be taken in response to the submission or, if no actions are taken or proposed to be taken, the reasons for this.

(4) Subject to this Act and any other Act, the First Peoples' Assembly may publish any submissions or questions given to a Minister under subsection (1).

84 Minister may request First Peoples' Assembly give information or advice

(1) A Minister may request, in writing, the First Peoples' Assembly to provide information or advice about its understanding of—

(a) the views of First Peoples on any matter specified in the request; or

(b) how any matter specified in the request affects First Peoples.

(2) Within 60 days after receiving the request, unless a longer period is agreed to by the Minister, the First Peoples' Assembly must—

(a) if the First Peoples' Assembly decides to provide the information or advice, provide that information or advice; or

(b) notify the Minister that the First Peoples' Assembly declines to provide information or advice.

(3) The First Peoples' Assembly may provide the information or advice in writing or any other form determined appropriate by the First Peoples' Assembly.

85 Validity of decisions

(1) A failure to consider any submission, advice or information given under section 83 or 84 or to respond to any submission or question given under section 83 does not, of itself—

(b) affect the validity of any act or decision or any Act or subordinate instrument, or any provision of an Act or subordinate instrument, or provide grounds for review of any act or decision.

(2) The consideration of any submission, advice or information received under section 83 or 84 or questions received under section 83 does not, of itself—

(b) affect the validity of any act or decision or any Act or subordinate instrument, or any provision of an Act or subordinate instrument, or provide grounds for review of any act or decision.

Division 5—Briefing meetings and Departmental consultation

86 Briefing meetings with Secretaries and the Chief Commissioner of Police

(1) Each Secretary must meet with the First Peoples' Assembly to—

(a) brief the First Peoples' Assembly about matters relating to the responsibilities of the Department that are of interest to First Peoples; and

(b) allow the First Peoples' Assembly to ask questions about matters relating to the responsibilities of the Department that are of interest to First Peoples.

(2) The Chief Commissioner of Police must meet with the First Peoples' Assembly to—

(a) brief the First Peoples' Assembly about matters relating to the responsibilities of the Chief Commissioner and Victoria Police that are of interest to First Peoples; and

(b) allow the First Peoples' Assembly to ask questions about matters relating to the responsibilities of the Chief Commissioner and Victoria Police that are of interest to First Peoples.

87 Conduct and timing of briefing meetings

(1) Briefing meetings are to be conducted in accordance with any procedures agreed by the Secretary to the Department of Premier and Cabinet and the First Peoples' Assembly.

(2) The procedures agreed must provide for at least 2 briefing meetings to be held each year between each Secretary or the Chief Commissioner of Police (as the case requires) and the First Peoples' Assembly.

(3) At least one briefing meeting between each Secretary and the Chief Commissioner of Police (as the case requires) and the First Peoples' Assembly must be held to enable the First Peoples' Assembly's briefing to inform annual State government budget priorities.

Division 6—Guidelines and duties to consult

88 Duty to develop guidelines

(1) Each Secretary must develop, in consultation with the First Peoples' Assembly, written guidelines providing for—

(a) any matters specified in the Statewide Treaty; and

(b) without limiting paragraph (a), any matters relating to the manner of consultation with the First Peoples' Assembly during the development of any legislative proposal, statutory rule (not including a court rule) or policy that is specifically directed to First Peoples.

(2) The Chief Commissioner of Police must develop, in consultation with the First Peoples' Assembly, written guidelines providing for—

(a) any matters specified in the Statewide Treaty; and

(b) without limiting paragraph (a), any matters relating to the manner of consultation with the First Peoples' Assembly during the development of any policy that is specifically directed to First Peoples.

(3) A failure to develop guidelines or to comply with the guidelines does not, of itself—

(a) affect the validity or operation of any Act or subordinate instrument or any provision of an Act or subordinate instrument; and

(b) affect the validity of any act or decision or provide grounds for review of any act or decision.

See also the Treaty principles set out in section 8A of the Public Administration Act 2004.

Division 7—Representations and submissions to authorities and State-funded service providers

89 Representations to authorities and State-funded service providers

(1) From time to time, the First Peoples' Assembly, on its own initiative, may—

(a) make written submissions to an authority about the provision of services or administration of programs by that authority to or in relation to First Peoples; and

(b) ask questions, in writing, of an authority about the provision of services or administration of programs by that authority to or in relation to First Peoples.

(2) From time to time, the First Peoples' Assembly, on its own initiative, may—

(a) make written submissions to a State-funded service provider about the provision of services or administration of programs by that provider to First Peoples; and

(b) ask questions, in writing, of a State-funded service provider about the provision of services or administration of programs by that provider to First Peoples.

(3) The authority or State-funded service provider must respond in writing to the First Peoples' Assembly within 60 days after receiving any submission or questions, unless a longer period is agreed to by the First Peoples' Assembly.

(4) Subject to section 140, the response must—

(a) in the case of questions, answer any questions or set out reasons why the authority or service provider is unable to answer any question; and

(b) in the case of a submission, set out the actions taken or proposed to be taken in response to the advice or, if no actions are taken or proposed to be taken, the reasons for this.

(5) Subject to this Act and any other Act, the First Peoples' Assembly may publish any submissions or questions given to an authority or State-funded service provider under this section.

(6) A failure to consider or respond to any submission or question given under this section does not, of itself—

(b) affect the validity of any act or decision or any Act or subordinate instrument, or any provision of an Act or subordinate instrument, or provide grounds for review of any act or decision.

(7) The consideration of a submission or question received under this section does not, of itself—

(b) affect the validity of any act or decision or any Act or subordinate instrument, or any provision of an Act or subordinate instrument, or provide grounds for review of any act or decision.

Division 8—General

90 Statutory obligations to consult

Nothing in this Part limits a requirement under any other Act to consult the First Peoples' Assembly in relation to an administrative decision.

See section 23B(4A) of the Aboriginal Lands Act 1970.

Part 9—Nginma Ngainga Wara

91 Object of this Part

The object of this Part is to establish Nginma Ngainga Wara within Gellung Warl, governed by rules provided for in Part 4, in order to—

(a) provide for greater accountability for the State's actions and impacts on First Peoples; and

(b) address the significant disadvantage of First Peoples; and

(c) support the enduring transformation of State government by identifying and recommending measures to eliminate institutional racism, discrimination and unconscious bias and to embed cultural safety; and

(d) support self-determined and better outcomes for First Peoples, benefitting the Victorian community as a whole.

Division 2—Nginma Ngainga Wara

92 Nginma Ngainga Wara

(1) Nginma Ngainga Wara is established.

"Nginma Ngainga Wara" is Wadi Wadi language. It is pronounced "Ng-in-ma Ng-eye-nga Wa-ra".

(2) Nginma Ngainga Wara consists of the persons appointed as Nginma Ngainga Wara members by the First Peoples' Assembly under section 100.

93 Purposes of Nginma Ngainga Wara

The purposes of Nginma Ngainga Wara are—

(a) to evaluate and monitor the actions and performance of State government towards achieving State government outcomes directed to First Peoples; and

(b) to evaluate and monitor the actions and performance of State government towards implementing the recommendations of the Yoorrook Justice Commission; and

(c) to recommend to the First Peoples' Assembly practical and feasible measures to improve outcomes for First Peoples.

94 Functions of Nginma Ngainga Wara

(1) Nginma Ngainga Wara has the following functions—

(a) to conduct ongoing monitoring of the impacts of State government performance and actions on First Peoples, including—

(i) the performance of State government towards achieving State government outcomes directed to First Peoples; and

(ii) the performance of State government towards the elimination of institutional racism, discrimination and unconscious bias and embedding of cultural safety;

(b) to monitor implementation of the recommendations of the Yoorrook Justice Commission;

(c) to conduct research;

(d) to conduct inquiries;

(e) to provide information to the First Peoples' Assembly and to Nyerna Yoorrook Telkuna to inform the performance of their functions and exercise of their powers;

(f) to make recommendations and propose solutions to the First Peoples' Assembly;

(g) to liaise with other entities in the conduct of its functions;

(h) any other function conferred on Nginma Ngainga Wara by or under this Act or any other Act.

(2) Nginma Ngainga Wara is to carry out its functions in accordance with this Act and the internal rules.

95 Powers of Nginma Ngainga Wara

(1) Nginma Ngainga Wara has powers to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.

(2) Nginma Ngainga Wara is to exercise its powers in accordance with this Act and the internal rules.

96 Content of recommendations and solutions

(1) In developing recommendations or solutions under this section, Nginma Ngainga Wara may consult with any person, including any expert who is not a Gellung Warl official.

(2) Nginma Ngainga Wara may make recommendations or propose solutions that Nginma Ngainga Wara considers appropriate to improve outcomes for First Peoples including by—

(a) ensuring law, policy or practice is in line with evidence-based best practice; and

(b) removing defects, systemic racism, discrimination and bias in law, policy or practice; and

(c) strengthening law, policy or practice; and

(d) simplifying law, policy or practice; and

(e) adopting new or more effective methods of practice for developing and administering the law and dispensing justice or implementing policy.

(3) Any recommendations made or solutions proposed by Nginma Ngainga Wara must consider budgetary impacts and available resourcing and be practical and capable of implementation by State government.

97 Annual forward plan

(1) Nginma Ngainga Wara must prepare an annual forward plan that outlines the work proposed to be undertaken by Nginma Ngainga Wara in the 12 month period to which the plan relates.

(2) An annual forward plan must be prepared—

(a) in accordance with any internal rules; and

(b) after any consultation required by the internal rules.

(3) The annual forward plan must be approved by the First Peoples' Assembly in accordance with the internal rules.

(4) The annual forward plan does not limit the functions of Nginma Ngainga Wara or prevent Nginma Ngainga Wara undertaking work not outlined in the forward plan.

98 Delegation

Nginma Ngainga Wara may delegate any of its functions or powers to any Nginma Ngainga Wara staff member (including any contractor) employed or engaged by the Chief Executive Officer except—

(a) this power of delegation; and

(b) any function or power in Division 4.

99 Independence of Nginma Ngainga Wara

Except where expressly provided by this Act or the internal rules, Nginma Ngainga Wara is not subject to the direction or control of the First Peoples' Assembly in respect of the performance of its functions or the exercise of its powers.

Division 3—Appointment of Nginma Ngainga Wara members

100 Appointment as Nginma Ngainga Wara member

(1) The First Peoples' Assembly must appoint at least 2 but not more than 3 eligible persons as Nginma Ngainga Wara members.

(2) The First Peoples' Assembly may appoint a person in accordance with the internal rules if it is of the opinion that the person has the skills and experience necessary for Nginma Ngainga Wara to perform its functions.

(3) A person is not eligible for appointment as a Nginma Ngainga Wara member 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

(g) is a member of the First Peoples' Assembly, a Nyerna Yoorrook Telkuna member or a 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

(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.

101 Suspension of Nginma Ngainga Wara member

(1) A Nginma Ngainga Wara member may be suspended in accordance with the internal rules.

(2) If a Nginma Ngainga Wara member is suspended in accordance with the internal rules, the member must not perform any functions or exercise any powers of a member of Nginma Ngainga Wara for the period of the suspension.

102 Resignation and removal from office

(1) A Nginma Ngainga Wara member may resign the member's office in writing delivered to the First Peoples' Assembly.

(2) The First Peoples' Assembly may remove a Nginma Ngainga Wara member from office in accordance with the internal rules.

Division 4—Inquiries

103 Inquiries

Subject to section 105, Nginma Ngainga Wara may conduct an inquiry into any structural or systemic matter that Nginma Ngainga Wara considers requires the attention of the First Peoples' Assembly relating to any of the following—

(b) performance of any agency or Minister in relation to impacts on First Peoples including in relation to State government outcomes directed to First Peoples relevant to that agency's or Minister's functions;

Nginma Ngainga Wara may refer matters including those relating to individuals to other persons and bodies—see section 113.

104 First Peoples' Assembly may direct Nginma Ngainga Wara to conduct inquiry

(1) The First Peoples' Assembly may refer to Nginma Ngainga Wara for inquiry any of the following matters if the First Peoples' Assembly considers it requires recommendations on the matter—

(b) performance of any agency or Minister in relation to impacts on First Peoples including in relation to State government outcomes directed to First Peoples relevant to that agency's or Minister's functions;

(2) Subject to section 106, Nginma Ngainga Wara must conduct an inquiry into any matter referred by the First Peoples' Assembly unless—

(a) Nginma Ngainga Wara determines that the matter is not a matter specified in subsection (1); or

(b) Nginma Ngainga Wara determines that the matter is not systemic or structural; or

(c) Nginma Ngainga Wara determines that it does not have sufficient resources to conduct the inquiry; or

(d) Nginma Ngainga Wara refers the matter under section 113; or

Nginma Ngainga Wara may refer matters including those relating to individuals to other persons and bodies—see section 113.

(e) Nginma Ngainga Wara considers that the inquiry could prejudice any legal proceeding or any investigation of a law enforcement agency; or

(f) Nginma Ngainga Wara considers that the matter has already been investigated by another person or body with jurisdiction.

(3) Nginma Ngainga Wara must notify the First Peoples' Assembly in writing of a determination or referral under subsection (2).

105 Limit on inquiry subject matter

(1) Unless the Minister having responsibility for the subject matter of the proposed inquiry agrees under subsection (3), Nginma Ngainga Wara must not conduct an inquiry into a matter if within the previous 12 months, it has already conducted an inquiry into that matter.

(2) If, having regard to the seriousness of a matter, Nginma Ngainga Wara is satisfied that it is reasonable to conduct more than one inquiry into that matter within a 12 month period, it may recommend to the Minister having responsibility for the subject matter of the proposed inquiry that a further inquiry be conducted.

(3) The Minister having responsibility for the subject matter of the proposed inquiry may agree to the inquiry being conducted if satisfied that it is reasonable to conduct another inquiry having regard to the seriousness of the matter.

106 Nginma Ngainga Wara to conduct inquiry as it thinks fit

(1) Nginma Ngainga Wara may conduct an inquiry in any manner it considers fit, subject to—

(a) the requirements of procedural fairness; and

(b) this Act; and

(c) the internal rules.

(2) Without limiting subsection (1), for the purpose of conducting an inquiry, Nginma Ngainga Wara may—

(a) receive submissions from any person or body;

(b) invite any person or body to appear or otherwise participate in the inquiry.

107 Nginma Ngainga Wara may request information and documents

For the purpose of conducting an inquiry, Nginma Ngainga Wara may request a Minister or an agency head or an agency to give Nginma Ngainga Wara any information or any document that Nginma Ngainga Wara is reasonably satisfied is relevant to the subject matter of the inquiry.

108 Nginma Ngainga Wara may request Minister or agency head to attend

For the purpose of conducting an inquiry, Nginma Ngainga Wara may request the attendance of a Minister or an agency head for interview to answer questions that Nginma Ngainga Wara is reasonably satisfied are relevant to the subject matter of the inquiry.

109 Outcome of inquiry

(1) Nginma Ngainga Wara must give to the First Peoples' Assembly a report of the inquiry.

(2) In preparing the report, Nginma Ngainga Wara must take into account all relevant information received by it in the course of conducting the inquiry.

Division 5—Monitoring and research

110 Monitoring reports

(1) Nginma Ngainga Wara may at any time give a report to the First Peoples' Assembly about its ongoing evaluation or monitoring activities.

(2) In addition, once a year the First Peoples' Assembly may request Nginma Ngainga Wara to give a report to the First Peoples' Assembly about its ongoing evaluation or monitoring activities.

111 Research by Nginma Ngainga Wara

(1) The First Peoples' Assembly may refer to Nginma Ngainga Wara for research any of the following matters—

(b) performance of any agency or Minister in relation to impacts on First Peoples including in relation to State government outcomes directed to First Peoples relevant to that agency's or Minister's functions;

(2) Nginma Ngainga Wara must undertake research into any matter referred by the First Peoples' Assembly unless Nginma Ngainga Wara determines—

(a) that the matter is not a matter specified in subsection (1); or

(b) that it does not have sufficient resources to undertake the research.

(3) Nginma Ngainga Wara must notify the First Peoples' Assembly in writing of a determination under subsection (2).

(4) Nginma Ngainga Wara, on its own initiative, may conduct research on any matter referred to in subsection (1).

112 Research reports

(1) Nginma Ngainga Wara—

(a) must report to the First Peoples' Assembly about any research conducted as directed under section 111; and

(b) may report to the First Peoples' Assembly about any research conducted on its own initiative.

(2) In addition, once a year the First Peoples' Assembly may request Nginma Ngainga Wara to give a report to the First Peoples' Assembly about its research activities.

Division 6—Referral

113 Nginma Ngainga Wara may refer matters

(1) Nginma Ngainga Wara may refer a matter, including a matter relating to an individual, to a person or body specified in Schedule 4 if Nginma Ngainga Wara considers that—

(a) the matter is relevant to the performance of the functions or the exercise of powers of the other person or body; and

(b) the matter could be more effectively or appropriately dealt with by that other person or body.

(2) When referring a matter under subsection (1), Nginma Ngainga Wara may advise the person or body that Nginma Ngainga Wara considers that the matter should be dealt with urgently.

Division 7—Information and reports

114 De-identified data agreements

(1) Nginma Ngainga Wara and an agency may make an agreement that provides for the agency to give de-identified data to Nginma Ngainga Wara for the purposes of conducting monitoring and evaluation, research or an inquiry.

(2) Without limiting subsection (1), a de-identified data agreement must—

(a) specify the type of de-identified data to be provided; and

(b) specify the purpose for which the de‑identified data is to be provided.

(3) In this section—

data means any facts, statistics, instructions, concepts or other information in a form that is capable of being communicated, analysed or processed (whether by an individual or by a computer or other automated means);

de-identified, in relation to data, means data that no longer relates to an identifiable individual or an individual who can be reasonably identified.

115 Access to reports

Nginma Ngainga Wara or a Nginma Ngainga Wara staff member must not—

(a) publish a report of an inquiry, a monitoring report or a research report; or

(b) give a report of an inquiry, a monitoring report or a research report to any person other than the First Peoples' Assembly.

A report cannot include restricted Nginma Ngainga Wara information without consent—see Part 11.

116 First Peoples' Assembly may publish reports

(1) Subject to this section, the First Peoples' Assembly may publish any report of an inquiry, monitoring report or research report.

(2) The First Peoples' Assembly must not publish a report or any part of that report that Nginma Ngainga Wara has notified the First Peoples' Assembly is not to be published.

(3) The First Peoples' Assembly must not publish a report or any part of that report that is restricted Nginma Ngainga Wara information unless Nginma Ngainga Wara notifies the First Peoples' Assembly that the entity that gave the information to Nginma Ngainga Wara has consented to the publication of that information.

(4) For the purposes of subsection (3), if the restricted Nginma Ngainga Wara information is also culturally sensitive or culturally secret information, consent to publication is to be given in accordance with the internal rules.

Part 10—Nyerna Yoorrook Telkuna

117 Object of this Part

The object of this Part is to establish Nyerna Yoorrook Telkuna within Gellung Warl, governed by rules provided for in Part 4, in order to—

(a) provide for non-judicial and self-determined truth-telling across Victoria that is capable of being localised and place-based; and

(b) allow for the sharing and recording of experiences of historical events and the impact of colonisation on First Peoples; and

(c) support the aim of enabling healing for First Peoples and healing between First Peoples and the broader community.

118 Nyerna Yoorrook Telkuna

(1) Nyerna Yoorrook Telkuna is established.

"Nyerna Yoorrook Telkuna" is Wamba Wamba / Wemba Wemba language. It is pronounced "Nyern-ah Yoo-rrook Terl-kun-ah".

(2) Nyerna Yoorrook Telkuna consists of the persons appointed as Nyerna Yoorrook Telkuna members by the First Peoples' Assembly.

(3) Without limiting subsection (2), a person may be appointed as a Nyerna Yoorrook Telkuna member in relation to specific places.

(4) An appointment as a Nyerna Yoorrook Telkuna member in relation to a specific place does not limit the powers or functions of that member.

119 Purposes of Nyerna Yoorrook Telkuna

(1) The purposes of Nyerna Yoorrook Telkuna are—

(a) to facilitate truth-telling about historical events, including any continuing impacts, and ongoing healing and reconciliation; and

(b) to collect information on the impact of colonisation on First Peoples and Victoria's history; and

(c) to maintain an archive of truth-telling information on the impact of colonisation on First Peoples and Victoria's history collected in the performance of its functions under this Part.

(2) In this Part—

historical events means events occurring in the time period before 14 May 2021.

A copy of the letters patent under section 5 of the Inquiries Act 2014 appointing the Commissioners for the Yoorrook Justice Commission was published in the Government Gazette on 14 May 2021.

120 Truth-telling principles

(1) Truth-telling is to be—

(a) self-determined by First Peoples; and

(b) non-judicial; and

(c) trauma-informed, including by being embedded in an understanding of ongoing and intergenerational impacts; and

(d) capable of being localised and place-based; and

(e) led by First Peoples, with clear roles for and involvement of members of the Victorian community who are not First Peoples; and

(f) conducted to further promote and support the transformation of Victoria towards healing, reconciliation, understanding and truth .

(2) Nyerna Yoorrook Telkuna is to be guided by the truth-telling principles in the performance of its functions and exercise of its powers.

(3) The First Peoples' Assembly is to be guided by the truth-telling principles in making internal rules relating to Nyerna Yoorrook Telkuna.

121 Functions of Nyerna Yoorrook Telkuna

(1) Nyerna Yoorrook Telkuna has the following functions—

(a) to promote ongoing truth-telling about historical events including their continuing impacts;

(b) to receive and to collect truth-telling information about historical events, including information specific to place and collected on Country;

(c) to hold an archive of truth-telling information collected under this Part and to publish material contained in it as authorised by this Act and in accordance with the internal rules;

(d) to promote ongoing healing and reconciliation;

(e) to promote ongoing understanding of local history and place;

(f) to conduct research;

(g) to provide information to the First Peoples' Assembly and to Nginma Ngainga Wara to inform the performance of their functions and exercise of their powers;

(h) to provide ongoing education about the impacts of colonisation on First Peoples and about the diversity, strength and resilience of First Peoples;

(i) to manage and hold records of the Yoorrook Justice Commission transferred to it, other than any record that is required under the Inquiries Act 2014 or the Public Records Act 1973 to be transferred to the Secretary to the Department of Premier and Cabinet or the Keeper of Public Records;

The publicly accessible records and website of the Yoorrook Justice Commission currently held by the State Library of Victoria.

(j) any other functions under this Act or the internal rules.

(2) Nyerna Yoorrook Telkuna is to perform its functions in accordance with this Act and the internal rules.

122 Powers of Nyerna Yoorrook Telkuna

(1) Nyerna Yoorrook Telkuna has powers to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.

(2) Nyerna Yoorrook Telkuna is to exercise its powers in accordance with this Act and the internal rules.

123 Delegation

Nyerna Yoorrook Telkuna may delegate any of its functions or powers to any Nyerna Yoorrook Telkuna staff member (including any contractor) employed or engaged by the Chief Executive Officer except this power of delegation.

124 Independence of Nyerna Yoorrook Telkuna

Except where expressly provided by this Act or the internal rules, Nyerna Yoorrook Telkuna is not subject to the direction or control of the First Peoples' Assembly in respect of the performance of its functions or the exercise of its powers.

125 Appointment as a Nyerna Yoorrook Telkuna member

(1) The First Peoples' Assembly must appoint 3 persons as Nyerna Yoorrook Telkuna members in accordance with the internal rules.

(2) The First Peoples' Assembly may appoint a person if it is of the opinion that—

(a) the person has the skills and experience necessary for Nyerna Yoorrook Telkuna to perform its functions; and

(b) if the person were appointed, Nyerna Yoorrook Telkuna would broadly reflect the diversity of the experiences and views of First Peoples and other Victorians.

(3) A person is not eligible for appointment as a Nyerna Yoorrook Telkuna member 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

(g) is a member of the First Peoples' Assembly, a Nginma Ngainga Wara member or a 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

(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.

126 Suspension of Nyerna Yoorrook Telkuna member

(1) A Nyerna Yoorrook Telkuna member may be suspended in accordance with the internal rules.

(2) If a Nyerna Yoorrook Telkuna member is suspended in accordance with the internal rules, the member must not perform any functions or exercise any powers of a member of Nyerna Yoorrook Telkuna for the period of the suspension.

127 Resignation and removal from office

(1) A Nyerna Yoorrook Telkuna member may resign the member's office in writing delivered to the First Peoples' Assembly.

(2) The First Peoples' Assembly may remove a Nyerna Yoorrook Telkuna member from office in accordance with the internal rules.

128 Collection of information by Nyerna Yoorrook Telkuna

Nyerna Yoorrook Telkuna may collect and hold personal information in accordance with the internal rules.

Information specified as confidential at the time of collection is restricted Nyerna Yoorrook Telkuna information. See the definition of restricted Nyerna Yoorrook Telkuna information in section 4.

129 Publication of truth-telling information

(1) Subject to subsection (2), Nyerna Yoorrook Telkuna may publish information in accordance with the internal rules.

(2) Nyerna Yoorrook Telkuna must not publish—

(a) any information that is not otherwise permitted to be published under any other Act; or

(b) any restricted information unless—

(i) in the case of restricted information that is culturally sensitive or culturally secret information, consent to publication is given in accordance with the internal rules; or

(ii) in any other case, the entity that gave the information to the First Peoples' Assembly, Nyerna Yoorrook Telkuna or Nginma Ngainga Wara (as the case requires) consents to the publication; or

(c) any culturally sensitive or culturally secret information unless consent to publication is given in accordance with the internal rules.

Information specified as confidential by the entity which gave the information to the First Peoples' Assembly, Nyerna Yoorrook Telkuna or Nginma Ngainga Wara is restricted information. See the definitions of restricted information, restricted First Peoples' Assembly information, restricted Nyerna Yoorrook Telkuna information and restricted Nginma Ngainga Wara information in section 4.

Part 11—Information sharing and confidentiality

130 Objects of this Part

(a) to provide for the First Peoples' Assembly to self-determine Gellung Warl's record and information processes in a manner that—

(i) recognises the importance of transparent and accountable public record and information management; and

(ii) accounts for the information requirements of the ongoing Statewide Treaty-making process and the evolving relationship and mutual obligations between Gellung Warl and the State; and

(iii) is consistent with other Acts; and

(b) to ensure restricted information provided to the First Peoples' Assembly, Nginma Ngainga Wara or Nyerna Yoorrook Telkuna or their respective staff is treated in accordance with the arrangements established under this Act, other laws and the first Statewide Treaty; and

(c) to support Indigenous data sovereignty and First Peoples' self-determination over culturally sensitive or culturally secret information held by Gellung Warl.

Division 2—Restricted information

131 Restricted First Peoples' Assembly information not to be disclosed to Nginma Ngainga Wara or Nyerna Yoorrook Telkuna

(1) A member of the First Peoples' Assembly, the Chief Executive Officer or a First Peoples' Assembly staff member must not disclose restricted First Peoples' Assembly information to Nginma Ngainga Wara or Nyerna Yoorrook Telkuna unless the entity which gave the information to the First Peoples' Assembly consents to the disclosure.

(2) If restricted First Peoples' Assembly information is disclosed under subsection (1) to Nginma Ngainga Wara or Nyerna Yoorrook Telkuna, unless the entity which gave the information to the First Peoples' Assembly consents—

(a) a Nginma Ngainga Wara member or a Nginma Ngainga Wara staff member must not disclose that information to Nyerna Yoorrook Telkuna; and

(b) a Nyerna Yoorrook Telkuna member or a Nyerna Yoorrook Telkuna staff member must not disclose that information to Nginma Ngainga Wara.

132 Restricted Nginma Ngainga Wara information not to be disclosed to the First Peoples' Assembly or Nyerna Yoorrook Telkuna

(1) A Nginma Ngainga Wara member, the Chief Executive Officer or a Nginma Ngainga Wara staff member must not disclose restricted Nginma Ngainga Wara information, including in any report under Part 9, to the First Peoples' Assembly or Nyerna Yoorrook Telkuna unless the entity which gave the information to Nginma Ngainga Wara consents to the disclosure.

(2) If restricted Nginma Ngainga Wara information is disclosed under subsection (1) to the First Peoples' Assembly or Nyerna Yoorrook Telkuna, unless the entity which gave the information to Nginma Ngainga Wara consents—

(a) a member of the First Peoples' Assembly or a First Peoples' Assembly staff member must not disclose that information to Nyerna Yoorrook Telkuna; and

(b) a Nyerna Yoorrook Telkuna member or a Nyerna Yoorrook Telkuna staff member must not disclose that information to the First Peoples' Assembly.

133 Restricted Nyerna Yoorrook Telkuna information not to be disclosed to First Peoples' Assembly or Nginma Ngainga Wara

(1) A Nyerna Yoorrook Telkuna member, the Chief Executive Officer or a Nyerna Yoorrook Telkuna staff member must not disclose restricted Nyerna Yoorrook Telkuna information to the First Peoples' Assembly or Nginma Ngainga Wara unless the entity which gave the information to Nyerna Yoorrook Telkuna consents to the disclosure.

(2) If restricted Nyerna Yoorrook Telkuna information is disclosed under subsection (1) to the First Peoples' Assembly or Nginma Ngainga Wara, unless the entity which gave the information to Nyerna Yoorrook Telkuna consents—

(a) a member of the First Peoples' Assembly or a First Peoples' Assembly staff member must not disclose that information to Nginma Ngainga Wara; and

(b) a Nginma Ngainga Wara member or Nginma Ngainga Wara staff member must not disclose that information to the First Peoples' Assembly.

134 Consent to disclosure of restricted information that is culturally sensitive or culturally secret information

For the purposes of this Division, consent to disclosure of restricted information that is culturally sensitive or culturally secret information is to be given in accordance with the internal rules.

135 Limitation on consent—disclosure that would be otherwise prohibited

Despite anything to the contrary in this Division, an entity must not consent to a disclosure of restricted information that would otherwise be prohibited by or under this Act or any other Act.

Division 3—Disclosure by Gellung Warl official to external entities

136 Disclosure of culturally sensitive or culturally secret information

(1) A Gellung Warl official must not disclose culturally sensitive or culturally secret information to an entity unless the disclosure is made with consent given in accordance with the internal rules.

(2) This section does not apply to a disclosure made—

(a) to a court or tribunal in the course of any legal proceeding or pursuant to an order of the court or a tribunal; or

(b) to an integrity agency; or

(c) to a law enforcement agency for a law enforcement purpose; or

(d) to another Gellung Warl official.

Restrictions apply to disclosure between Gellung Warl officials of culturally sensitive or culturally secret information that is also restricted information— see Division 2.

(3) This section does not apply in relation to any information in a document that is required to be given to the Keeper of Public Records under the Public Records Act 1973.

137 Copy of guidelines for handling culturally sensitive or culturally secret information

Any culturally sensitive or culturally secret information that is permitted to be given to any entity may be accompanied by a copy of the guidelines made by the First Peoples' Assembly regarding handling of that information.

138 External disclosure of restricted information or confidential information prohibited

(1) A Gellung Warl official must not disclose information obtained by that Gellung Warl official in the course of performing their functions or exercising their powers under this Act or any other Act to an entity if the information is—

(a) restricted information; or

(b) any other kind of information specified in the internal rules to be confidential information.

(2) This section does not apply to—

(a) culturally sensitive or culturally secret information (whether or not it is also restricted information); or

See section 136 in relation to disclosure of culturally sensitive or culturally secret information.

(b) a disclosure of information to another Gellung Warl official.

Restrictions apply to disclosure between Gellung Warl officials of restricted information—see Division 2.

139 Exception—disclosure of information for permitted purpose

Despite section 138, a Gellung Warl official may disclose information to which that section applies if—

(a) the disclosure is made to a court or tribunal in the course of legal proceedings or pursuant to an order of the court or a tribunal; or

(b) the disclosure is made to a law enforcement agency or an integrity agency; or

(c) the disclosure is permitted, required or authorised by or under this Act or any other Act.

Disclosure of information may be required under other Acts, for example, section 143 of the Independent Broad-based Anti‑corruption Commission Act 2011.

Division 4—Protection of confidentiality and privileges

140 Protection of confidentiality and privileges

(1) Nothing in this Act requires or authorises disclosure to Gellung Warl of information, including personal information and health information, that is—

(a) subject to—

(i) parliamentary privilege; or

(ii) public interest immunity; or

(iii) legal professional privilege; or

(b) prohibited from disclosure to Gellung Warl by an order of a court or tribunal; or

(c) not otherwise authorised or permitted to be disclosed to Gellung Warl by or under any other Act or law, or any Act or law of the Commonwealth or another State or a Territory; or

(d) the subject of Cabinet confidentiality.

(2) Without limiting subsection (1), nothing in this Act requires a natural person to give information or documents to Gellung Warl, or to attend or answer any question if the information, document, answer or attendance might tend to incriminate the person or make the person liable to a penalty in relation to—

(a) any proceeding for an offence with which the person has been charged that has not finally been disposed of; or

(b) any proceeding for the imposition or recovery of a penalty that has been commenced against the person but not finally disposed of.

Division 5—Application of Freedom of Information Act 1982

141 Exemption from Freedom of Information Act 1982

(1) The Freedom of Information Act 1982 does not apply to a document in the possession of Nginma Ngainga Wara, Nyerna Yoorrook Telkuna or the First Peoples' Assembly that is—

(a) restricted Nginma Ngainga Wara information; or

(b) a report of an inquiry under Division 4 of Part 9.

document has the same meaning as in the Freedom of Information Act 1982.

Part 12—Financial and annual reporting

142 Objects of this Part

(a) to establish principles to inform the ongoing funding arrangements that are agreed between the State and Gellung Warl; and

(b) to secure the funding of Gellung Warl by means of defined and legislated appropriations of the Consolidated Fund; and

(c) to specify legal requirements necessary to ensure the appropriate financial management of Gellung Warl and protect its financial integrity; and

(d) to require the annual reporting of certain matters.

143 General funding arrangements

(1) The State and Gellung Warl, by agreement, must establish and implement funding arrangements that operate according to the following principles—

(a) self-determination and autonomy—Gellung Warl has the autonomy to set its own priorities and allocate its resources;

(b) sufficiency—Gellung Warl should have access to sufficient resources to discharge its obligations;

(c) stability—funding arrangements should be reasonably stable and predictable over time, to support sensible planning and good financial management;

(d) flexibility—funding arrangements should be flexible so as to keep pace with Gellung Warl's obligations as they evolve;

(e) transparency—funding arrangements should be transparent and open to public view;

(f) sustainability and affordability—funding arrangements should be sustainable and affordable for the State;

(g) accountability—Gellung Warl is accountable to First Peoples;

(h) simplicity—funding arrangements should be simple and straightforward to implement.

(2) The funding arrangements must be reviewed in accordance with the principles set out in subsection (1) at least once every 4 years unless the State and Gellung Warl agree that a review is not needed.

144 Funding for Gellung Warl from Consolidated Fund

(1) In the financial year 2025–2026 and each subsequent financial year there is to be paid out of the Consolidated Fund (which is appropriated to the necessary extent) an amount not exceeding the amount specified in Table 1 to be applied towards—

(a) in 2025–2026—

(i) the costs and expenses incurred in establishing Gellung Warl; and

(ii) the costs and expenses incurred by Gellung Warl in the performance of its functions and exercise of its powers; and

(b) in subsequent financial years, the costs and expenses incurred by Gellung Warl in the performance of its functions and exercise of its powers.

Table 1

| Column 1 Item | Column 2 Financial year | Column 3 Maximum amount appropriated | | 1 | 2025–2026 | $3 000 000 | | 2 | 2026–2027 | $23 805 000 | | 3 | 2027–2028 | $71 010 000 | | 4 | 2028–2029 | $72 179 000 | | 5 | 2029–2030 and each subsequent financial year | 102·5% of the maximum amount appropriated for the previous financial year |

(2) In addition to subsection (1), in the financial years 2026–2027 to 2028–2029 there is to be paid out of the Consolidated Fund (which is appropriated to the necessary extent) an amount not exceeding the amount specified in Table 2 for use as capital expenditure by Gellung Warl.

Table 2

| Column 1 Item | Column 2 Financial year | Column 3 Maximum amount appropriated | | 1 | 2026–2027 | $20 950 000 | | 2 | 2027–2028 | $15 450 000 | | 3 | 2028–2029 | $400 000 |

(3) An amount appropriated under subsection (1) or (2) but not applied in a financial year may be applied in the following financial year.

(4) Any surplus money appropriated under subsection (1) or unspent capital expenditure referred to in subsection (2) that is not required for the costs and expenses incurred in establishing Gellung Warl or incurred by Gellung Warl in the performance of functions and exercise of powers may be paid into the Self-Determination Fund or used for investment purposes.

145 Minister and Treasurer may agree to additional funding out of the Consolidated Fund

(1) The Minister and Treasurer may agree for amounts, in addition to those appropriated under section 144, to be paid in a financial year to Gellung Warl for specified purposes.

(2) The Treasurer must publish notice of an agreement under subsection (1) in the Government Gazette.

(3) A notice under subsection (2) must specify—

(a) the amount agreed by the Minister and Treasurer to be paid to Gellung Warl; and

(b) the purpose for the payment of the amount; and

(c) the financial year in which the amount is to be paid to Gellung Warl.

(4) On publication of a notice under subsection (2), there is to be paid out of the Consolidated Fund (which is appropriated to the necessary extent), in the financial year specified in the notice, the amount specified for payment to Gellung Warl.

146 Dealing with money

(1) Gellung Warl must establish and maintain one or more accounts with one or more ADIs.

See section 38 of the Interpretation of Legislation Act 1984 which provides that an ADI means authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.

(2) Subject to section 58(3), all money received by Gellung Warl must be paid into an account established under subsection (1) and is not required to be credited to the Consolidated Fund under section 9 of the Financial Management Act 1994.

Section 58(3) provides for money received as a debt due to Gellung Warl for an election campaign donation which was accepted in contravention of the electoral rules to be paid into the Self-Determination Fund.

(3) Gellung Warl may expend money standing to the credit of any account established under subsection (1) for any purpose connected with the performance of its functions or exercise of its powers.

147 Financial management

Gellung Warl is taken to be a public body for the purposes of section 8 and Part 7 of the Financial Management Act 1994.

Gellung Warl is a public body under the Audit Act 1994.

148 Insurance

Gellung Warl is taken to be a statutory authority for the purposes of the Victorian Managed Insurance Authority Act 1996.

149 Procurement

Gellung Warl must establish and implement a procurement policy that specifies the principles, processes and procedures for the purchase of goods and services.

150 Annual reporting

Gellung Warl in its report of operations for a financial year under Part 7 of the Financial Management Act 1994 must include—

(a) a statement of progress on implementation of the Strategic Plan; and

(b) a general description of the types and forms of community engagement undertaken by Gellung Warl; and

(c) the number of requests made in the financial year under Division 4 of Part 8 and the number of requests in response to which information or advice was provided; and

(d) a list of inquiries conducted by Nginma Ngainga Wara in the financial year; and

(e) any other information that is required to be included in any other report under any other Act.

See also section 7(4AB) of the Freedom of Information Act 1982.

Part 13—Standards of Conduct

151 Object of this Part

The object of this Part is to promote and uphold the integrity of members and staff of Gellung Warl by—

(a) requiring the First Peoples' Assembly to establish standards of conduct which define and manage potential misconduct, including serious misconduct, in line with the expectations of First Peoples and the Victorian community; and

(b) providing for the First Peoples' Assembly to develop processes to address matters of alleged misconduct and serious misconduct, including by requesting the Treaty Authority to provide support in relation to those allegations.

152 Member Standards of Conduct

(1) The First Peoples' Assembly must develop and implement Member Standards of Conduct.

(2) The Member Standards of Conduct must set out the standards of conduct to be observed by members of the First Peoples' Assembly, Nyerna Yoorrook Telkuna members and Nginma Ngainga Wara members in carrying out their duties as members of the First Peoples' Assembly, Nyerna Yoorrook Telkuna members or Nginma Ngainga Wara members (as the case requires).

(3) The First Peoples' Assembly must develop and implement the first Member Standards of Conduct within 6 months after the commencement of this section.

153 Minimum content for Member Standards of Conduct

The Member Standards of Conduct must include the following as a minimum—

(a) that a member of the First Peoples' Assembly, a Nyerna Yoorrook Telkuna member or a Nginma Ngainga Wara member must not victimise or harass any other Gellung Warl official;

(b) that a member of the First Peoples' Assembly, a Nyerna Yoorrook Telkuna member or a Nginma Ngainga Wara member must not engage in conduct that is sexual harassment of any other Gellung Warl official;

(c) that a member of the First Peoples' Assembly, a Nyerna Yoorrook Telkuna member or a Nginma Ngainga Wara member must not misuse the member's position—

(i) to gain or attempt to gain, directly or indirectly, an advantage for the member or for any other person; or

(ii) to cause, or attempt to cause, detriment to Gellung Warl or another person;

(d) that a member of the First Peoples' Assembly, a Nyerna Yoorrook Telkuna member or a Nginma Ngainga Wara member must not improperly direct, or seek to direct, the Chief Executive Officer or a Gellung Warl staff member in the carrying out of the Chief Executive Officer's or the staff member's duties or functions;

(e) that a member of the First Peoples' Assembly, a Nyerna Yoorrook Telkuna member or a Nginma Ngainga Wara member must not disclose restricted information or culturally sensitive or culturally secret information in contravention of this Act or the internal rules;

(f) procedures for handling and dealing with information in accordance with this Act, any other Act or the internal rules;

(g) procedures for avoiding and managing conflicts of interest;

(h) procedures for the disclosure of personal interests;

(i) procedures for lodging personal interest disclosure returns with the Chief Executive Officer at specified times or specified intervals;

(j) a member gift policy that contains—

(i) a requirement to disclose all gifts above a specified amount or of a specified type; and

Cultural gifts.

(ii) a requirement that anonymous gifts cannot be accepted; and

(iii) a requirement that disclosed gifts must be recorded in a gift register; and

(iv) procedures relating to the disclosure of gifts.

154 Staff Standards of Conduct

(1) The First Peoples' Assembly must develop and implement Staff Standards of Conduct.

(2) The Staff Standards of Conduct must set out the standards of conduct to be observed by the Chief Executive Officer and any Gellung Warl staff member in carrying out their duties as Chief Executive Officer or as a Gellung Warl staff member.

(3) The First Peoples' Assembly must develop and implement the first Staff Standards of Conduct within 6 months after the commencement of this section.

155 Minimum content for Staff Standards of Conduct

The Staff Standards of Conduct must include the following, as a minimum—

(a) that the Chief Executive Officer or a Gellung Warl staff member must not victimise or harass any other Gellung Warl official;

(b) that the Chief Executive Officer or a Gellung Warl staff member must not engage in conduct that is sexual harassment of any other Gellung Warl official;

(c) that the Chief Executive Officer or a Gellung Warl staff member must not misuse the Chief Executive Officer's or staff member's position—

(i) to gain or attempt to gain, directly or indirectly, an advantage for themselves or for any other person; or

(ii) to cause, or attempt to cause, detriment to Gellung Warl or another person;

(d) that the Chief Executive Officer or a Gellung Warl staff member must not disclose restricted information or culturally sensitive or culturally secret information in contravention of this Act or the internal rules;

(e) procedures for handling and dealing with information in accordance with this Act, any other Act or internal rules;

(f) procedures for avoiding and managing conflicts of interest;

(g) procedures for the disclosure of personal interests;

(h) a staff gift policy that contains—

(i) a requirement to disclose all gifts above a specified amount or specified type; and

Cultural gifts.

(ii) a requirement that anonymous gifts cannot be accepted; and

(iii) a requirement that disclosed gifts be recorded in a gift register; and

(iv) procedures relating to the disclosure of gifts.

156 Allegation of misconduct or serious misconduct

Subject to this Act, an allegation of misconduct or serious misconduct by a Gellung Warl official is to be dealt with in accordance with the internal rules.

157 Role of Treaty Authority in dealing with allegation of misconduct or serious misconduct

(1) If requested in accordance with the internal rules, the Treaty Authority may do any of the following to facilitate the resolution of or otherwise assist in dealing with an allegation of misconduct or serious misconduct—

(a) give advice;

(b) provide mediation or other dispute resolution;

(c) do any other thing to assist in dealing with the allegation.

(2) Nothing in this Act or the internal rules requires the Treaty Authority to do anything requested under subsection (1).

158 Other rights of complaint not affected

To avoid doubt, nothing in this Part affects any right any person has under any other Act or law to make a complaint about alleged misconduct or alleged serious misconduct to any other person or body.

Part 14—Larbargirrar gnuurtak tulkuuk (community answerability)

"Larbargirrar gnuurtak tulkuuk" is Djab Wurrung language. It is pronounced "lar-bar-gi/raar gnu-r-tak tul kook".

159 Objects of this Part

(a) to provide for Gellung Warl to be democratically and publicly accountable and answerable to Community in the performance of its functions, powers and duties; and

(b) to require Gellung Warl to develop a Community Governance and Answerability Framework to—

(i) ensure the operation of Gellung Warl will be guided by Aboriginal Lore, Law and Cultural Authority in its answerability to Community; and

(ii) promote the fulfilment of its cultural obligations and responsibilities as determined by Community.

160 Community Governance and Answerability Framework

(1) The First Peoples' Assembly must develop and implement a Community Governance and Answerability Framework to provide for how Gellung Warl is accountable and answerable to Community in the performance of its functions and the exercise of its powers.

(2) The Community Governance and Answerability Framework must—

(a) be developed in consultation with Community; and

(b) include the following—

(i) larbargirrar gnuurtak tulkuuk (community answerability) principles;

(ii) a self-determined Community Engagement Charter;

(iii) Ngarrakeetoong Martongakeeyt (Community Vision);

(iv) a Strategic Plan.

(3) The First Peoples' Assembly must publish the Community Governance and Answerability Framework on the First Peoples' Assembly's Internet site.

(4) The First Peoples' Assembly must develop, implement and publish the first Community Governance and Answerability Framework within 6 months after the commencement of this section.

161 Larbargirrar gnuurtak tulkuuk (community answerability) principles

The larbargirrar gnuurtak tulkuuk (community answerability) principles must incorporate the following features—

(a) participants in community engagement must have the opportunity to access accurate, relevant and timely information to inform their participation;

(b) participants in community engagement must reflect the diversity of First Peoples affected by the matter that is the subject of the community engagement;

(c) participants in community engagement must have the opportunity for informed participation and input;

(d) participants in community engagement are informed of how their participation and input will inform the work of Gellung Warl;

(e) subject to any restrictions relating to the disclosure of information under this Act, any other Act or the internal rules, Community should—

(i) have access to information that is used by the First Peoples' Assembly, Nyerna Yoorrook Telkuna or Nginma Ngainga Wara to make decisions; and

(ii) be aware of the processes by which the First Peoples' Assembly, Nyerna Yoorrook Telkuna and Nginma Ngainga Wara make decisions.

162 Community Engagement Charter

The Community Engagement Charter must—

(a) give effect to the larbargirrar gnuurtak tulkuuk (community answerability) principles; and

(b) describe the types and forms of community engagement that may be undertaken by the First Peoples' Assembly; and

(c) include processes and practices for undertaking community engagement; and

(d) specify a process for informing Community of the outcome of community engagement; and

(e) considering the feature specified in section 161(e) to be incorporated into the larbargirrar gnuurtak tulkuuk (community answerability) principles—

(i) specify what information is to be published or made available by the First Peoples' Assembly, Nyerna Yoorrook Telkuna and Nginma Ngainga Wara, which must include all policies, plans and reports required under this Act, any other Act or the internal rules; and

(ii) describe the ways in which that information will be published or made available.

163 Ngarrakeetoong Martongakeeyt (Community Vision)

(1) Ngarrakeetoong Martongakeeyt (Community Vision) must describe—

(a) the aspirations of Community in relation to Gellung Warl; and

(b) the goals and objectives of Gellung Warl in relation to those aspirations.

"Ngarrakeetoong Martongakeeyt" is Keerray Woorroong language. It is pronounced "Ng-arra-key-toong Mart-onga Keech".

(2) The scope of Ngarrakeetoong Martongakeeyt (Community Vision) is a period of at least 10 financial years.

(3) Within 12 months after a general election, the First Peoples' Assembly must review the Ngarrakeetoong Martongakeeyt (Community Vision).

(4) The First Peoples' Assembly, in developing or reviewing the Ngarrakeetoong Martongakeeyt (Community Vision), must have regard to—

(a) the larbargirrar gnuurtak tulkuuk (community answerability) principles; and

(b) the Community Engagement Charter.

164 Strategic Plan

(1) A Strategic Plan must include the following—

(a) the strategic direction of Gellung Warl;

(b) strategic objectives for achieving the strategic direction of Gellung Warl;

(c) strategies for achieving the strategic objectives for a period of at least 4 financial years;

(d) indicators for monitoring the achievement of the strategic objectives.

(2) The scope of a Strategic Plan is a period of at least 4 financial years.

(3) The First Peoples' Assembly, in developing a Strategic Plan, must have regard to—

(a) the larbargirrar gnuurtak tulkuuk (community answerability) principles; and

(b) the Community Engagement Charter.

Part 15—Complaints

165 Objects of this Part

(a) to ensure First Peoples and First Peoples organisations may raise complaints about Gellung Warl's fulfilment of its obligations under this Act; and

(b) to provide for the First Peoples' Assembly to develop processes to receive, manage and resolve complaints; and

(c) to recognise the Treaty Authority's role in providing support where requested by Gellung Warl in relation to complaints.

Division 2—Complaints

166 Complaints

(1) Subject to subsection (2), a complaint may be made about any matter specified in the internal rules.

(2) A complaint must not be made about—

(a) the validity of an election; or

(b) any matter referred to in section 171.

Notes

1. Applications disputing validity of an election are to be made to VCAT—see section 60.

2. Section 171 sets out the subject matter for electoral complaints.

(3) A complaint may be made by any First Peoples individual or any First Peoples organisation that has an interest in the subject matter of the complaint.

167 Making a complaint

A complaint is to be made in accordance with the internal rules.