32Substantive rules—recognition and certificates evidencing acceptance by community

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.