21Qualification to be a member of the First Peoples' Assembly of Victoria

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.