agency, in Part 9, means a public sector body within the meaning of the Public Administration Act 2004 but does not include an excluded body;
agency head, in Part 9, means—
(a) in relation to an agency that is a public service body, the public service body Head within the meaning of the Public Administration Act 2004;
(b) in relation to an agency that is a public entity—
(i) a person nominated by the public entity; or
(ii) otherwise, the public entity Head within the meaning of the Public Administration Act 2004;
(c) in relation to an agency that is a special body—
(i) a person nominated by the special body; or
(ii) otherwise, the special body Head within the meaning of the Public Administration Act 2004;
authority, in Part 8, means any of the following but does not include an excluded body—
(a) a public entity;
(b) a special body;
(c) an Administrative Office within the meaning of the Public Administration Act 2004;
(d) the Victorian Public Sector Commission;
(e) a contractor within the meaning of the Corrections Act 1986;
(f) each of the following within the meaning of the Health Services Act 1988—
(i) a public health service;
(ii) a public hospital;
(iii) a denominational hospital;
(iv) a private hospital;
(g) a registered school within the meaning of the Education and Training Reform Act 2006;
(h) a university within the meaning of the Education and Training Reform Act 2006;
briefing meeting means a meeting between the First Peoples' Assembly and a Secretary of a Department or the Chief Commissioner of Police conducted under Part 8;
candidate—
(a) in relation to an election to be conducted in an electoral division, means a person who has nominated as a candidate for that election in accordance with the electoral rules; and
(b) in relation to the appointment of a reserved member by a Traditional Owner group, means a person who nominates for appointment as a reserved member in accordance with that Traditional Owner group's procedures developed and published in accordance with the electoral rules;
Chief Executive Officer means the Chief Executive Officer of Gellung Warl employed under section 25;
Closing the Gap Agreement means the National Agreement on Closing the Gap as in effect on and after 27 July 2020;
Community means—
(a) First Peoples; and
(b) First Peoples organisations;
Community Engagement Charter means a Community Engagement Charter developed in accordance with section 162;
culturally sensitive or culturally secret information means—
(a) information that the individual or group providing it to Gellung Warl advises is culturally sensitive or culturally secret information; or
(b) if that advice was not given, information that is determined to be culturally sensitive or culturally secret information in accordance with the internal rules;
de-identified data agreement means an agreement made under section 114;
Department has the same meaning as in the Public Administration Act2004;
Department Head has the same meaning as in the Public Administration Act2004;
disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment, gift or other alienation of property, including the following—
(a) the allotment of shares in a company;
(b) the creation of a trust in property;
(c) the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;
(d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property;
(e) the exercise by a person of a general power of appointment of property in favour of any other person;
(f) any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of any other person;
donation period—
(a) in relation to an election for an electoral division, means the period that—
(i) starts 30 days after the last election conducted in that electoral division; and
(ii) ends 30 days after a general member is declared elected; or
(b) in relation to the appointment of a reserved member by a Traditional Owner group, means the period that—
(i) starts 30 days after the last appointment of a reserved member by that Traditional Owner group; and
(ii) ends 30 days after a reserved member is appointed by that Traditional Owner group;
donor means a person who makes an election campaign donation to a candidate;
election means—
(a) a general election; and
(b) any other election to fill a vacancy conducted in accordance with the electoral rules;
election campaign disclosure return means a disclosure return provided to the Chief Executive Officer in accordance with the electoral rules;
election campaign donation means—
(a) a gift made by a donor to a candidate that is equal to or exceeds $1000; and
(b) if the sum of the gifts made by a donor to a candidate is equal to or exceeds $1000, a gift made by that donor that is less than $1000;
election period, in relation to an election, means the period that—
(a) starts at 8 a.m. on the first day of voting for that election in accordance with the electoral rules; and
(b) ends at 6 p.m. on the last day of voting for that election in accordance with the electoral rules;
Electoral Officer means the Electoral Officer appointed under section 20 of the Treaty Authorityand Other Treaty Elements Act 2022;
electoral rule means an internal rule made by the First Peoples' Assembly in relation to elections under Part 4 and Schedule 2;
electorate officer means an electorate officer employed under section 30 of the Parliamentary Administration Act 2005;
eligible elector means a person who is registered on the Gellung Warl electoral roll;
engagement hearing means an engagement hearing referred to in section 80;
excluded body means—
(a) the Office of the Governor and the Official Secretary within the meaning of the Public Administration Act 2004;
(b) the IBAC;
(c) Integrity Oversight Victoria;
(d) the office of the Public Interest Monitor;
(e) the office of the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;
(f) a court or VCAT;
(g) the Judicial Commission or an investigating panel under the Constitution Act 1975;
(h) a board, tribunal (other than VCAT), commission or other body presided over by a judge, magistrate or Australian lawyer presiding as such by virtue of a statutory requirement and appointment;
(i) a Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown;
(j) a Board of Inquiry established under the Inquiries Act 2014 and Board of Inquiry officers within the meaning of that Act;
(k) a Formal Review established under the Inquiries Act 2014 and Formal Review officers within the meaning of that Act;
(l) the Office of Public Prosecutions within the meaning of the Public Prosecutions Act 1994;
(m) the Victorian Electoral Commission;
(n) the Victorian Auditor-General's Office;
(o) the Electoral Boundaries Commission;
(p) a Department of the Parliament;
(q) the office of the Parliamentary Budget Officer;
(r) the office of the Parliamentary Workplace Standards and Integrity Commission;
(s) the office of the Parliamentary Integrity Adviser;
(t) the office of the Ombudsman;
(u) the Office of the Victorian Information Commissioner established under the Freedom of Information Act 1982;
First Peoples means—
(a) Traditional Owners; and
(b) Aboriginal and Torres Strait Islanders who are living in Victoria;
First Peoples' Assembly means the First Peoples' Assembly of Victoria established by section 17;
First Peoples' Assembly guidelines and standards means guidelines or standards made by the First Peoples' Assembly under Part 5 and Schedule 3;
First Peoples' Assembly staff member means a person employed or engaged by the Chief Executive Officer (including any contractor) for the purposes of the functions of the First Peoples' Assembly, to the extent the person is performing those functions;
First Peoples organisation means—
(a) a Traditional Owner group; or
(b) an entity constituted or controlled by Aboriginal or Torres Strait Islander peoples; or
(c) a trust incorporated under the Aboriginal Lands Act 1970;
Gellung Warl means Gellung Warl established by section 10;
Gellung Warl electoral roll means the Gellung Warl electoral roll referred to in section 55;
Gellung Warl official means any of the following—
(a) a member of the First Peoples' Assembly;
(b) a Nginma Ngainga Wara member;
(c) a Nyerna Yoorrook Telkuna member;
(d) the Chief Executive Officer;
(e) a Gellung Warl staff member;
Gellung Warl staff member means a person employed or engaged by the Chief Executive Officer under this Act and includes—
(a) a First Peoples' Assembly staff member; and
(b) a Nyerna Yoorrook Telkuna staff member; and
(c) a Nginma Ngainga Wara staff member; and
(d) a contractor engaged under section 28;
general election means an election for all general members conducted in accordance with the electoral rules;
general member means a general member of the First Peoples' Assembly who is elected in accordance with the electoral rules;
gift means any disposition of property otherwise than by will made by a person to another person without consideration in money or money's worth or with inadequate consideration, including—
(a) the provision of a service (other than volunteer labour); and
(b) the payment of an amount in respect of a guarantee; and
(c) the making of a payment or contribution at a fundraising function;
health information has the same meaning as it has in the Health Records Act 2001;
IBAC means the Independent Broad-based Anti‑corruption Commission established by section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;
integrity agency means any of the following—
(a) the Auditor-General;
(b) the IBAC;
(c) Integrity Oversight Victoria;
(d) the Ombudsman;
(e) the Office of the Victorian Information Commissioner established under the Freedom of Information Act 1982;
internal rule means a rule made by the First Peoples' Assembly under Part 4 and Schedules 1 and 2;
larbargirrar gnuurtak tulkuuk (community answerability) principles means the larbargirrar gnuurtak tulkuuk (community answerability) principles included in the Community Governance and Answerability Framework in accordance with section 160(2)(b)(i);
law enforcement agency means the following—
(a) Victoria Police;
(b) the Australian Federal Police;
(c) a police force or police service of another State or a Territory;
(d) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or a Territory;
Member Standards of Conduct means the standards of conduct developed in accordance with section 152;
Ministerial officer means a Ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004;
misconduct—
(a) in relation to a member of the First Peoples' Assembly, a Nyerna Yoorrook Telkuna member or a Nginma Ngainga Wara member, means conduct engaged in by that member that constitutes a contravention of the Member Standards of Conduct; or
(b) in relation to the Chief Executive Officer or a Gellung Warl staff member, means conduct engaged in by the Chief Executive Officer or that staff member that constitutes a contravention of the Staff Standards of Conduct;
Ngarrakeetoong Martongakeeyt (Community Vision) means the Ngarrakeetoong Martongakeeyt (Community Vision) developed in accordance with section 163;
Nginma Ngainga Wara means Nginma Ngainga Wara established by section 92;
Nginma Ngainga Wara member means a member of Nginma Ngainga Wara appointed under section 100;
Nginma Ngainga Wara staff member means a person employed or engaged by the Chief Executive Officer (including any contractor) for the purposes of the functions of Nginma Ngainga Wara to the extent that the person is performing those functions;
Nyerna Yoorrook Telkuna means Nyerna Yoorrook Telkuna established by section 118;
Nyerna Yoorrook Telkuna member means a member of Nyerna Yoorrook Telkuna appointed under section 125;
Nyerna Yoorrook Telkuna staff member means a person employed or engaged by the Chief Executive Officer (including any contractor) for the purposes of the functions of Nyerna Yoorrook Telkuna to the extent that the person is performing those functions;
Parliamentary officer has the same meaning as it has in the Parliamentary Administration Act 2005;
personal information has the same meaning as it has in the Privacy and Data Protection Act 2014;
President means the President of the Legislative Council;
Presiding Officer means—
(a) in relation to the Legislative Council, the President; and
(b) in relation to the Legislative Assembly, the Speaker;
principal place of residence has the same meaning as it has under section 3 of the Electoral Act 2002;
prison has the same meaning as it has in the Corrections Act 1986;
public entity has the same meaning as it has in the Public Administration Act 2004;
public service body has the same meaning as it has in the Public Administration Act 2004;
publish means disseminate or provide access to the public or a section of the public by any means, including by—
(a) publication in a book, newspaper, magazine or other written publication; or
(b) broadcast by radio or television; or
(c) public exhibition; or
(d) broadcast or electronic communication—
and publication must be construed accordingly;
qualified certifier means a person who—
(a) is an Australian legal practitioner who has at least 5 years post-admission experience; and
(b) is not a member of the First Peoples' Assembly;
representation meeting means a meeting between the Cabinet and the First Peoples' Assembly referred to in section 77;
reserved member means a reserved member of the First Peoples' Assembly who is appointed by a Traditional Owner group in accordance with procedures developed by that Traditional Owner group in accordance with the electoral rules;
restricted First Peoples' Assembly information means information given by an entity to the First Peoples' Assembly that—
(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
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 theTreaty Process with Aboriginal Victorians Act 2018;
Victorian Electoral Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002;
water entitlement includes any legal entitlement, right or interest in water, including any water share or licence issued under the Water Act 1989;
Yoorrook Justice Commission has the same meaning as it has in section 3 of the Inquiries Act 2014.