(1) The Treaty Authority must appoint a person employed by the Treaty Authority under section 14 to be the Electoral Officer.
(2) The Electoral Officer—
(a) holds office subject to any terms and conditions specified in the contract of employment between the Treaty Authority and the Electoral Officer, which must include—
(i) the period of appointment; and
(ii) requirements regarding compliance with organisational policies and procedures, without limiting the Electoral Officer's functions and powers under this Act or any other Act; and
(iii) what occurs if the Electoral Officer is removed; and
(b) may be reappointed.
(3) A person must not be appointed to be the Electoral Officer if the person—
(a) is a member of the Parliament of Victoria or of the Parliament of the Commonwealth or 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 of another State or a Territory; or
(c) is a Councillor of a Council constituted under the Local Government Act 2020 or a member of a corresponding body (however designated) under an Act of another State or a Territory; or
(d) is a member of Council staff within the meaning of the Local Government Act 2020 or in a corresponding position (however designated) under an Act of another State or a Territory; or
(e) is a member of the First Peoples' Assembly; or
(f) is the Gellung Warl Chief Executive Officer; or
(g) is a Nginma Ngainga Wara member, a Nyerna Yoorrook Telkuna member, a Gellung Warl staff member or holds a paid position with Gellung Warl; or
(h) has property that is subject to control under the law relating to bankruptcy; or
(i) is disqualified from managing corporations under Part 2D.6 of the Corporations Act; or
(j) is currently held in a prison; or
(k) is subject to an order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or
(l) 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.
(4) The office of the Electoral Officer becomes vacant if the Electoral Officer—
(a) resigns; or
(b) nominates for election or appointment as a member of the First Peoples' Assembly; or
(c) nominates for election for the Parliament of Victoria or of the Parliament of the Commonwealth or of another State or a Territory; or
(d) becomes 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 of another State or a Territory; or
(e) nominates for election as 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
(f) becomes employed as 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 Territory; or
(g) becomes the Gellung Warl Chief Executive Officer; or
(h) becomes a Nginma Ngainga Wara member, Nyerna Yoorrook Telkuna member or Gellung Warl staff member or a person who holds a paid position with Gellung Warl; or
(i) has property that becomes subject to control under the law relating to bankruptcy; or
(k) is held in a prison; or
(l) becomes subject to an order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or
(m) is sentenced to a term of imprisonment for an indictable offence; or
(n) is removed by the First Peoples' Assembly under section 25; or
(o) is removed by the Treaty Authority on the Treaty Authority determining that the Electoral Officer—
(i) is unable to perform the duties of the office; or
(ii) has engaged in conduct specified in the electoral rules as conduct that justifies the removal of the Electoral Officer from office in accordance with those rules.
21 Functions and powers of the Electoral Officer
(1) The Electoral Officer has the following functions—
(a) to administer the Gellung Warl electoral roll and the enrolment process for elections under the Statewide Treaty Act 2025; and
(b) to conduct elections and Gellung Warl plebiscites under the Statewide Treaty Act 2025 and the electoral rules; and
(c) to perform any functions conferred on the Electoral Officer under this Act, any other Act or the electoral rules.
(2) The Electoral Officer has the power to do all things that are necessary or convenient for or in connection with the performance of the Electoral Officer's functions subject to the electoral rules.
22 Electoral Officer not subject to direction or control
The Electoral Officer is not subject to the direction or control of the Treaty Authority in respect of the performance of the Electoral Officer's functions or the exercise of the Electoral Officer's powers under this Act or any other Act.
23 Staff for Electoral Officer
(1) Any employees that are necessary for the purpose of the Electoral Officer's functions may be employed under section 14(a).
(2) Consultants may be engaged under section 14(b) to assist with the performance of the Electoral Officer's functions.
(3) A person employed or engaged for the purposes of the Electoral Officer's functions must not nominate as a candidate for election or appointment as a member of the First Peoples' Assembly.
24 Delegation by Electoral Officer
The Electoral Officer, by instrument, may delegate a function or power of the Electoral Officer under this Act or any other Act or the electoral rules (other than this power of delegation) to a person employed, or a consultant engaged, by the Treaty Authority for the purposes of the Electoral Officer's functions.
25 First Peoples' Assembly may remove Electoral Officer
(1) The First Peoples' Assembly, by resolution passed by at least 75% of the whole number of the members of the First Peoples' Assembly, may remove the Electoral Officer from office.
(2) The internal rules made under the Statewide Treaty Act 2025 may provide for processes and procedures in relation to removal under subsection (1).
(3) If a resolution to remove the Electoral Officer is passed in accordance with subsection (1), as soon as practicable the First Peoples' Assembly must notify the Treaty Authority in writing that the Electoral Officer has been removed.
Division 2—Information sharing and confidentiality of electoral information
26 Meaning of electoral information and Gellung Warl electoral roll information
(1) Electoral information is information obtained by the Electoral Officer in the course of performing the Electoral Officer's functions or exercising the Electoral Officer's powers under this Act, any other Act or the electoral rules.
(2) Gellung Warl electoral roll information is electoral information that is—
(a) the Gellung Warl electoral roll; or
(b) personal information about a person who is registered on the Gellung Warl electoral roll.
27 Access to electoral information
The following persons are authorised to access electoral information—
(a) the Electoral Officer;
(b) a person employed or engaged by the Treaty Authority for the purpose of, or to assist with, the performance of the Electoral Officer's functions or the exercise of the Electoral Officer's powers.
28 Access to Gellung Warl electoral roll information
The following persons are authorised to access Gellung Warl electoral roll information—
(a) the Electoral Officer;
(b) a person employed or engaged by the Treaty Authority for the purpose of, or to assist with, the performance of the Electoral Officer's functions or the exercise of the Electoral Officer's powers;
(c) the Gellung Warl Chief Executive Officer, to the extent that the Chief Executive Officer is carrying out the Chief Executive Officer's duties and functions and subject to any limitations specified in the electoral rules;
(d) a Gellung Warl staff member, to the extent that the staff member is carrying out the staff member's duties and functions and subject to any limitations specified in the electoral rules.
29 Restrictions on disclosure of electoral information and Gellung Warl electoral roll information
(1) The Electoral Officer must not disclose electoral information to a person unless—
(a) the person is authorised to access electoral information under section 27; or
(b) in the case of Gellung Warl electoral roll information, the person is authorised to access Gellung Warl electoral roll information under section 28.
(2) A person employed or engaged by the Treaty Authority for the purpose of, or to assist with, the performance of the Electoral Officer's functions or the exercise of the Electoral Officer's powers must not disclose electoral information to a person unless—
(a) the person is authorised to access electoral information under section 27; or
(b) in the case of Gellung Warl electoral roll information, the person is authorised to access Gellung Warl electoral roll information under section 28.
(3) The Gellung Warl Chief Executive Officer must not disclose Gellung Warl electoral roll information to a person unless the person is authorised to access Gellung Warl electoral roll under section 28.
(4) A Gellung Warl staff member must not disclose Gellung Warl electoral roll information to a person unless the person is authorised to access Gellung Warl electoral roll information under section 28.
(5) This section does not apply if the disclosure—
(a) is made to a court or tribunal in the course of a legal proceeding or pursuant to an order of the court or a tribunal; or
(b) is made to the Treaty Authority in relation to an electoral complaint under Part 15 of the Statewide Treaty Act 2025; or
(c) is authorised or required by law or by or under any other Act.
30 Information sharing policies and procedures
The Treaty Authority must develop and implement policies and procedures regarding the handling of information in accordance with the requirements of sections 27, 28 and 29.".
Part 21—Amendment of other Acts
Division 1—Amendment of Aboriginal Heritage Act 2006
232 Membership
(1) In section 131(1) of the Aboriginal Heritage Act 2006, for "The Council" substitute "Subject to subsection (1A), the Council".
(2) After section 131(1) of the Aboriginal Heritage Act 2006 insert—
"(1A) On and after the establishment of the First Peoples' Assembly under the Statewide Treaty Act 2025, the First Peoples' Assembly—
(a) must appoint the members of the Council as each office of member becomes vacant or is required to be filled; and
(b) is responsible for the appointment of members.".
(3) In section 131(3)(c) of the Aboriginal Heritage Act 2006, for "the Minister" substitute "the First Peoples' Assembly".
(4) In section 131(4) of the Aboriginal Heritage Act 2006, for "his or her" substitute "the member's".