Schedule 1—Content and subject matter of internal rules other than electoral rules
1 Decision-making processes of Gellung Warl or any of its constituent elements
1.1 Subject to item 1.2, in relation to any act, matter or thing which the First Peoples' Assembly is empowered to do, whether and how decisions are to be made by the First Peoples' Assembly or a delegated person or a committee or subcommittee of the First Peoples' Assembly.
1.2 That decisions made by the First Peoples' Assembly are to be made by at least a majority of the First Peoples' Assembly, however decisions of a delegated person or a committee or subcommittee of the First Peoples' Assembly need not be made by at least a majority unless the internal rules so require.
1.3 Decisions made must be considered fairly and on their merits.
1.4 Conduct and procedure of meetings of the First Peoples' Assembly, any committees or subcommittees, Nginma Ngainga Wara and Nyerna Yoorrook Telkuna, including the form and availability of minutes and other meeting records.
1.5 Policies and procedures in relation to disclosure of conflicts of interest.
1.6 The election, term, role, functions and powers of Chairpersons of the First Peoples' Assembly, including providing—
(a) that any Chairperson of the First Peoples' Assembly must be a member of the First Peoples' Assembly; and
(b) for acting Chairpersons.
1.7 The election, term, role, functions and powers of any First Peoples' Assembly leadership positions other than the Chairpersons, including any chairpersons of any committee or subcommittee.
1.8 The establishment of an independent remuneration mechanism to fix and review entitlements of members of the First Peoples' Assembly, Chairpersons and, if applicable, members of committees or subcommittees.
1.9 Matters that prohibit a person from being a member of the First Peoples' Assembly, a Chairperson or holding another leadership position, including as a member or a leader of a committee or, if applicable, a subcommittee.
1.10 The establishment, processes and procedures for committees and, if applicable, subcommittees of the First Peoples' Assembly.
1.11 Foreign influence rules.
1.12 Use and custody of the common seal.
1.13 Arrangements necessary for the administration and ongoing day-to-day operations of Gellung Warl during any period in which the First Peoples' Assembly is dissolved.
2 Chief Executive Officer and staff of Gellung Warl
2.1 Subject to the requirements of this Act, the role, functions and powers of the Chief Executive Officer.
2.2 Subject to Part 3—
(a) the terms of appointment of the Chief Executive Officer;
(b) the period of any appointment and process for managing any vacancy in the role of Chief Executive Officer, including the appointment of, and the fixing of a maximum term for, any acting Chief Executive Officer including where an acting appointment power is delegated to the Chief Executive Officer;
(c) processes for removing a Chief Executive Officer or terminating the Chief Executive Officer's appointment.
2.3 A staff recruitment policy requiring—
(a) that recruitment decisions be based on merit having regard to inclusiveness measures; and
(b) transparency in the recruitment process.
3 Additional powers in relation to the First Peoples' Assembly
3.1 Qualifications required to be a member of the First Peoples' Assembly, including as a minimum, that—
(a) the person is 18 years of age or over; and
(b) the person is registered on the Gellung Warl electoral roll; and
(c) the person is a Traditional Owner; and
(d) in the case of a reserved member, the person meets the residency requirements set by the relevant Traditional Owner group; and
(e) in the case of a general member, the person's principal place of residence—
(i) is in Victoria; or
(ii) is within 60 kilometres of the Victorian border; and
(f) the person is not a person referred to in section 21(2).
3.2 Terms of office of members of the First Peoples' Assembly which—
(a) must not exceed 4 years; and
(b) may specify different terms for general members and reserved members and may provide for staggered terms for reserved members.
3.3 Suspension of members of the First Peoples' Assembly, including—
(c) additional circumstances in which a member may be suspended.
3.4 Removal from the office of a member of the First Peoples' Assembly, including as a minimum—
(a) grounds for removal, which must include—
(i) being absent for a period of 4 consecutive months without leave obtained from the First Peoples' Assembly; or
(ii) ceasing to be qualified to be a member of the First Peoples' Assembly; or
(iii) being unable to perform the duties of the office; or
(iv) having been found to have engaged in serious misconduct; and
(b) whether a person removed from office may stand for re-election to the First Peoples' Assembly or be reappointed by a Traditional Owner group.
3.5 Dissolution of the First Peoples' Assembly by resolution, including as a minimum—
(a) the motion for a dissolution resolution must set out the grounds for dissolution, which may be—
(i) serious or systemic corrupt conduct or serious and systemic maladministration has occurred; or
(ii) lack of confidence in the capability of the First Peoples' Assembly to effectively perform its functions; or
(iii) any additional grounds specified in the rules for dissolution of the First Peoples' Assembly; and
(b) a dissolution resolution is valid only if passed by a minimum of 75% of the whole number of the members of the First Peoples' Assembly.
4 Additional powers in relation to Nginma Ngainga Wara
4.1 Subject to Part 9, matters relating to the internal operation of Nginma Ngainga Wara and oversight of Nginma Ngainga Wara by the First Peoples' Assembly.
4.2 The terms and conditions of appointment, including remuneration, of Nginma Ngainga Wara members.
4.3 Circumstances for appointment of acting Nginma Ngainga Wara members and terms, conditions and periods of appointment for acting Nginma Ngainga Wara members.
4.4 Terms of office of Nginma Ngainga Wara members which—
(a) must be at least 4 years and not more than 6 years; and
(b) must not end during an election period.
4.5 Suspension of Nginma Ngainga Wara members including—
(c) additional circumstances in which a Nginma Ngainga Wara member may be suspended.
4.6 Removal from office of Nginma Ngainga Wara members including, as a minimum, grounds for removal which must include the following—
(a) being found to have engaged in serious misconduct;
(b) absence from Nginma Ngainga Wara meetings for a period of more than 4 months without leave of the First Peoples' Assembly;
(c) inability to perform the duties of the office;
(d) becoming a member of the Parliament of Victoria or the Parliament of the Commonwealth or the Parliament of another State or a Territory;
(e) being 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;
(f) becoming 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;
(g) being 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 a Territory;
(h) becoming a member of the Treaty Authority or holds a paid position with the Treaty Authority;
(i) being elected as a member of the First Peoples' Assembly or holding a paid position with Gellung Warl other than as a Nginma Ngainga Wara member;
(j) becoming 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;
(k) having property that is subject to control under the law relating to bankruptcy;
(l) being disqualified from managing corporations under Part 2D.6 of the Corporations Act;
(m) being currently held in a prison; or
(n) becoming subject to an order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
(o) being sentenced to a term of imprisonment for an indictable offence.
4.7 Decision-making processes and procedures of Nginma Ngainga Wara.
4.8 Subject to Part 9, matters relating to conduct of inquiries including, as a minimum, requirements for keeping records of information considered in conducting an inquiry.
4.9 Engagement of staff of Nginma Ngainga Wara.
4.10 Financial management of Nginma Ngainga Wara operations.
4.11 Processes for the preparation, publication and approval of Nginma Ngainga Wara's annual forward plan.
4.12 Subject to this Act, publication of information received, held or created by Nginma Ngainga Wara.
5 Additional powers in relation to Nyerna Yoorrook Telkuna
5.1 Subject to Part 10, matters relating to the internal operation of Nyerna Yoorrook Telkuna and oversight of Nyerna Yoorrook Telkuna by the First Peoples' Assembly.
5.2 The terms and conditions of appointment, including remuneration, of Nyerna Yoorrook Telkuna members.
5.3 Circumstances for appointment of acting Nyerna Yoorrook Telkuna members and terms, conditions and period of appointment for acting Nyerna Yoorrook Telkuna members.
5.4 Suspension of Nyerna Yoorrook Telkuna members including—
(c) additional circumstances in which a Nyerna Yoorrook Telkuna member may be suspended.
5.5 Removal from office of Nyerna Yoorrook Telkuna members including, as a minimum, grounds for removal which must include the following—
(a) being found to have engaged in serious misconduct;
(b) absence from Nyerna Yoorrook Telkuna meetings for a period of more than 4 months without leave of the First Peoples' Assembly;
(c) inability to perform the duties of the office;
(d) becoming a member of the Parliament of Victoria or the Parliament of the Commonwealth or the Parliament of another State or a Territory;
(e) being 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;
(f) becoming 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;
(g) being 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 a Territory;
(h) becoming a member of the Treaty Authority or holds a paid position with the Treaty Authority;
(i) being elected as a member of the First Peoples' Assembly or holding a paid position with Gellung Warl other than as a Nyerna Yoorrook Telkuna member;
(j) becoming 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;
(k) having property that is subject to control under the law relating to bankruptcy;
(l) being disqualified from managing corporations under Part 2D.6 of the Corporations Act;
(m) being currently held in a prison;
(n) becoming subject to an order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
(o) being sentenced to a term of imprisonment for an indictable offence.
5.6 Collection and holding of information received or created by Nyerna Yoorrook Telkuna.
5.7 Subject to the Act, publication of information received, held or created by Nyerna Yoorrook Telkuna.
5.8 Decision-making processes and procedures of Nyerna Yoorrook Telkuna.
5.9 Engagement of staff of Nyerna Yoorrook Telkuna.
5.10 Financial management of Nyerna Yoorrook Telkuna operations.
6 Misconduct
6.1 Subject to Part 13, procedures for dealing with alleged misconduct and serious misconduct including internal review.
6.2 Subject to Part 13, the manner and process for requesting support, advice, including facilitation, mediation or other dispute resolution from the Treaty Authority in relation to allegations of misconduct or serious misconduct.
6.3 Without limiting item 1.9, providing that a member of the First Peoples' Assembly who has been found to have engaged in misconduct or serious misconduct is ineligible to hold the office of Chairperson of the First Peoples' Assembly for the remainder of that member's term.
7 Complaints
7.1 Subject to Part 15, procedures for making and dealing with—
(a) complaints; and
(b) electoral complaints.
7.2 Subject to Part 15, subject matter for complaints, including as a minimum—
(a) a failure to comply with the requirements of this Act or the internal rules relating to the governance of the First Peoples' Assembly, Nginma Ngainga Wara or Nyerna Yoorrook Telkuna; and
(b) a failure to comply with the requirements of this Act or the internal rules applicable to any action, decision or provision of any service by a Gellung Warl official; and
(c) a failure to comply with the Community Governance and Answerability Framework.
7.3 Subject to Part 15, the manner and process for requesting support, advice, including facilitation, mediation or other dispute resolution from the Treaty Authority in relation to complaints under section 170.
7.4 Processes for making and dealing with complaints about appointment or qualification of reserved members.
8 Record management and information
8.1 Subject to the requirements of this Act, record management, including practices and procedures, collection, management access and use and oversight and retention of records and governance of culturally sensitive or culturally secret information.
See Part 11.
8.2 Additional requirements in relation to the management of culturally sensitive or culturally secret information including as a minimum—
(a) processes for classification of culturally sensitive or culturally secret information and attribution of the information to appropriate sources; and
(b) processes to facilitate consent to disclosure or publication of culturally sensitive or culturally secret information; and
(c) consent to disclosure or publication of restricted information that is culturally sensitive or culturally secret information; and
(d) a process for independent review into—
(i) whether information has been correctly classified; and
(ii) other processes in rules made under this item.
8.3 Subject to the requirements of this Act, additional requirements in relation to the management of restricted information, including as a minimum, if staff members are working across the First Peoples' Assembly, Nginma Ngainga Wara and Nyerna Yoorrook Telkuna, or any combination of them, processes for managing restricted information of each of them.
8.4 Information to be specified for the purposes of section 138(1)(b), including as a minimum—
(a) information that—
(i) is personal information; or
(ii) is health information; or
(iii) is the subject of legal professional privilege or client legal privilege; or
(b) information provided to or prepared for the purposes of a consensus meeting or that is a record of a consensus meeting; or
(c) information that—
(i) would prejudice Gellung Warl's position in commercial negotiations; or
(ii) would be likely to endanger the security of Gellung Warl property or pose a risk to the safety of any person; or
(iii) would be reasonably likely to prejudice an investigation by any law enforcement agency or any proceeding; or
(d) information that was given to Gellung Warl by a business or a commercial or financial undertaking and—
(i) relates to trade secrets; or
(ii) the disclosure of the information would unreasonably expose the business or commercial or financial undertaking to disadvantage; or
(e) information that relates to an internal review or a complaint; or
(f) information relating to Treaty negotiations or a dispute incidental to or in connection with Treaty negotiations.
9 Consensus meetings
9.1 Matters relating to consensus meetings including as a minimum—
(a) a requirement for the meeting to be attended by all members of the First Peoples' Assembly; and
(b) a requirement for the meeting to be held in private; and
(c) a requirement for a member of the First Peoples' Assembly to publicly support the agreed outcomes of the meeting, regardless of the views expressed by that member at the meeting; and
(d) any consequences for a member of the First Peoples' Assembly who fails to publicly support agreed outcomes of the meeting or who discloses matters discussed at the meeting; and
(e) requirements and processes for protecting the security of documents and information provided to or prepared for the purposes of a consensus meeting.
10 Consultation processes for the purposes of declarations under the Public Records Act 1973
10.1 Consultation processes for the purposes of the First Peoples' Assembly making or varying a declaration under section 9A of the Public Records Act 1973.
10.2 Consultation processes for the purposes of the First Peoples' Assembly making a declaration under section 10AAA of the Public Records Act 1973.
11 Rule making processes and procedures
11.1 Consistent with and in addition to the powers in Part 4, this Schedule and Schedule 2, processes and procedures in relation to the making of internal rules and substantive rules, which may include the following—
(a) processes for the preparation and making of internal rules and substantive rules;
(b) processes for the scrutiny of internal rules and substantive rules;
(c) processes for consultation and engagement with eligible persons in relation to any proposed or existing internal rules or substantive rules.