Schedule 2—Content and subject matter of electoral rules
1 Conduct of elections
1.1 The conduct of elections, including as a minimum—
(a) requiring publication of public notice of an election prior to that election specifying the election period;
(b) requirements for timing and publication of a public notice of an election;
(c) the role of the Electoral Officer in relation to elections, including engaging third parties to assist in performing the role;
(d) the processes and requirements for a person to nominate as a candidate for election as a general member including the making of a declaration by the person nominating as a candidate that the person is qualified to be a member of the First Peoples' Assembly and the manner or form of a declaration;
(e) providing for when nominations as a candidate for election as a general member are void;
(f) voting centre conduct and processes to ensure elections are free, fair and transparent;
(g) processes for calling an election or conducting a countback to fill a vacancy.
1.2 Providing for a fixed schedule of general elections to be held at least every 4 years after the first general election held under this Act and within 6 months after the end of each term of the general members unless the election period is changed by the Electoral Officer in accordance with electoral rules in specific circumstances which could adversely affect the conduct of an election.
Natural disaster, cultural matters or sorry business.
1.3 Providing for general elections to be held in accordance with the fixed schedule of general elections and for other elections to be held as required.
1.4 Processes for the following—
(a) if the number of candidates is equal to or less than the number of vacancies to be filled at an election in an electoral division, providing for the Electoral Officer to make a declaration of the candidate or candidates to be elected and the giving of notice of that declaration;
(b) if there are no candidates for an election in an electoral division, the failure of that election and the giving of notice by the Electoral Officer that the election has failed.
1.5 Preparation and publication of electoral conduct reports by the Electoral Officer in relation to the administration of the election, including—
(a) the timing for the report; and
(b) that the report includes any changes to the boundaries of any electoral division for the seats of general members since the last election.
2 Structure of the First Peoples' Assembly
2.1 The structure of the First Peoples' Assembly, including as a minimum—
(a) the minimum number of general members which must be at least 10;
(b) the minimum number of reserved members to be appointed to represent each Traditional Owner group which must be less than or equal to the total number of general members; and
(c) that each Traditional Owner group may appoint at least one reserved member, but is not required to do so;
(d) that the number of members of the First Peoples' Assembly which must not exceed 80 in total;
(e) the development of gender quotas for vacancies of general members.
2.2 Providing for any alteration of the structure of the First Peoples' Assembly to occur in accordance with the larbargirrar gnuurtak tulkuuk (community answerability) principles and the Community Engagement Charter.
3 Electoral boundaries and divisions
3.1 Processes for setting electoral boundaries of each electoral division, including as a minimum—
(a) ensuring electoral divisions for general members represent all areas of Victoria;
(b) ensuring all electoral divisions for general members are of approximately equal population of persons eligible to be registered on the Gellung Warl electoral roll.
3.2 Publication of any map of the boundaries of each electoral division, including when set or amended.
3.3 Processes for reviewing and amending the electoral boundaries and electoral divisions, including as a minimum—
(a) ensuring electoral divisions for general members remain of approximately equal population of persons eligible to be registered on the Gellung Warl electoral roll;
(b) providing for proposed amendments to be available to eligible electors and for processes for eligible electors to make submissions or objections within a period of at least 30 days after the proposed amendment is made available.
3.4 Providing for any other matter that may be taken into account to facilitate alignment of electoral boundaries with cultural practices and landscapes, including Traditional Owner group boundaries.
4 Appointing reserved members
4.1 For the purposes of paragraph (d) of the definition of Traditional Owner group—
(a) a process for entities to be recognised as a Traditional Owner group to appoint a reserved member;
(b) specifying entities to be a Traditional Owner group.
4.2 Providing for a review to be conducted of the eligibility of entities specified under item 4.1 or other Traditional Owners to appoint reserved members, within 3 years of the commencement of this Schedule, and for the review to consider, as a minimum—
(a) any changes to the Traditional Owner Treaty landscape; and
(b) the ways Traditional Owner groups are organised or arranged.
4.3 Requiring each Traditional Owner group to develop and publish processes and procedures by which a reserved member is to be appointed to the First Peoples' Assembly.
4.4 Processes for a person to nominate as a candidate for appointment as a reserved member, including—
(a) the making of a declaration by the person nominating as a candidate that the person is qualified to be a member of the First Peoples' Assembly and the manner or form of a declaration; and
(b) providing for when nominations are void.
5 Gellung Warl electoral roll
5.1 Eligibility for registration on the Gellung Warl electoral roll, including as a minimum—
(a) that a person is 16 years of age or above; and
(b) that a person is either—
(i) a Traditional Owner; or
(ii) an Aboriginal or Torres Strait Islander person residing in Victoria who has been residing in Victoria for at least 3 of the 5 years before the person applies to be registered on the Gellung Warl electoral roll.
5.2 Process for applying for registration on the Gellung Warl electoral roll, including any documentation or evidence required, and as a minimum, providing evidence of a person's full name, age and residential address and eligibility under rules made under item 5.1.
5.3 Administrative processes for or in relation to the Gellung Warl electoral roll, including—
(a) registration of all persons who are eligible to vote in an election;
(b) the functions and powers of the Electoral Officer in relation to the roll.
6 Voting
6.1 The voting method or methods to be used in an election, which must be free, fair and transparent, including voting methods for eligible interstate or overseas electors to vote.
6.2 How a person may cast a valid vote in an election and entitlement to a vote in an election, including that each eligible elector is entitled to one vote.
6.3 The procedure to be followed at the close of voting, including how votes are to be counted and how a quota is to be determined, including as a minimum—
(a) that votes are to be counted using preferential or proportional voting methods; and
(b) the procedure to be followed at the close of voting;
(c) providing for the scrutiny of votes.
6.4 How any ballot or other material used in respect of an election is to be collected, handled and stored during and after the election, including as a minimum—
(a) securing all such material and its secure storage;
(b) who is responsible for securing the material.
6.5 How an election is to be determined, including the process to be followed if an election fails.
6.6 Processes for the public declaration of the result of an election by the Electoral Officer, including that the declaration includes—
(a) the announcement of the name of each candidate elected; and
(b) the total number of persons on the Gellung Warl electoral roll at the time of the election.
7 Expenditure and donations for general members and reserved members
7.1 Electoral expenditure matters including electoral donation disclosure processes and exemptions for gifts and related matters, including as a minimum—
(a) all election campaign donations are capped at or below the dollar amount specified by the general cap within the meaning of the Electoral Act 2002 as indexed under section 217Q of that Act;
(b) requiring all candidates for election as a general member or appointment as a reserved member to provide an election campaign disclosure return to the Chief Executive Officer within 40 days after the end of the election period setting out—
(i) the particulars of each election campaign donation received by the candidate during the donation period unless an exception applies; and
See definitions of election campaign donation and donation period.
(ii) if the candidate did not receive any election campaign donations during the donation period, a statement to that effect; and
(iii) the name of the donor; and
(iv) the date on which the gift was received; and
(v) the amount of the gift; and
(c) requiring publication of a summary of each election campaign disclosure return on the Internet site of Gellung Warl within a reasonable time and including, if provided in the election campaign disclosure return, the name of any person that provided the gift and its value; and
(d) restricting or prohibiting accepting of election campaign donations from a donor, unless the donor—
(i) is an Australian citizen or an Australian resident; or
(ii) in the case of a donor who is not a natural person, has an Australian Business Number issued under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth; and
(f) requiring a person who makes election campaign donations to give that person's name and address and providing for processes to ensure those details are not false;
(g) processes for the disclosure of electoral campaign expenditure;
(h) a cap on electoral campaign expenditure.
8 Gellung Warl plebiscites
8.1 The conduct of Gellung Warl plebiscites for changes to electoral rules which change the period of First Peoples' Assembly member terms, including as a minimum—
(a) how a Gellung Warl plebiscite is to be conducted by the Electoral Officer;
(b) requirements for validity of a Gellung Warl plebiscite;
(c) that at least 30% of eligible electors or such higher percentage as provided for by the rules is required to vote at a Gellung Warl plebiscite for it to be valid;
(d) certifications by the Electoral Officer in relation to Gellung Warl plebiscites, including as to whether—
(i) the question to be asked at the Gellung Warl plebiscite about the changes to the period of First Peoples' Assembly members terms is clear and unambiguous; and
(ii) sufficient information has been made available to eligible electors in relation to the nature and effect of the question being asked about the changes to the period of First Peoples' Assembly members terms for eligible electors voting at the Gellung Warl plebiscite and sufficient time has been allowed to consider that information; and
(iii) any proposed internal rule complies with the requirements of this Act if a Gellung Warl plebiscite is passed.
9 General
9.1 For the purposes of Division 1 of Part 3 of the Treaty Authority and Other Treaty Elements Act 2022, specifying conduct that justifies the removal of the Electoral Officer from office and processes and procedures in relation to such removal.
9.2 Any other matters that are necessary or required in relation to the conduct of elections under this Act.
Schedule 3—Content and subject matter for First Peoples' Assembly guidelines and standards
1 Promoting and upholding First Peoples' cultural safety—
(a) either generally or in the context of specific activities, industries or sectors; and
(b) which must be capable of working with existing legal and regulatory regimes and being implemented by Victorian entities.
2 Sharing and trading of water entitlements held by First Peoples or First Peoples organisations between First People including—
(a) best practice guidance on the sharing and trading of water entitlements held by First Peoples or First Peoples organisations; and
(b) measures to create a fair operating environment for the sharing and trading of water entitlements held by First Peoples or First Peoples organisations, including consultation standards and educational resources; and
(c) measures to create a culturally-strong operating environment, including to facilitate the transfer of water entitlements held by First Peoples or First Peoples organisations in the manner determined by First Peoples, with or without monetary compensation; and
(d) dispute resolution processes in relation to the sharing and trading of water entitlements held by First Peoples or First Peoples organisations.
Schedule 4—Persons or bodies to whom Nginma Ngainga Wara may refer matters
1 The Auditor-General
2 The Chief Commissioner of Police
3 The Commission for Children and Young People
4 The Information Commissioner, in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014
5 The Director of Public Prosecutions
6 The Inspector-General for Emergency Management
7 The Environment Protection Authority
8 The Health Complaints Commissioner
9 The IBAC
10 The Mental Health and Wellbeing Commission
11 The Victorian Equal Opportunity and Human Rights Commission
12 Integrity Oversight Victoria
13 The Victorian WorkCover Authority
14 A coroner
15 A Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown
16 A Board of Inquiry established under the Inquiries Act 2014
17 A Formal Review established under the Inquiries Act 2014
18 The Chief Municipal Inspector appointed under section 182 of the Local Government Act 2020
19 The Victorian Disability Worker Commission
20 The Ombudsman
21 The Commissioner for Environmental Sustainability appointed under the Commissioner for Environmental Sustainability Act 2003
22 The Judicial Commission referred to in Part IIIAA of the Constitution Act 1975
23 The Parliamentary Workplace Standards and Integrity Commission established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 9 September 2025
Legislative Council: 16 October 2025
The long title for the Bill for this Act was "A Bill for an Act to establish a First Peoples' representative and deliberative body named Gellung Warl, to amend the Advancing the Treaty Process with Aboriginal Victorians Act 2018 and the Treaty Authority and Other Treaty Elements Act 2022, to consequentially amend other Acts and for other purposes."
The Statewide Treaty Act 2025 was assented to on 13 November 2025 and comes into operation as follows:
Sections 1–8, 190–200, 229 on 14 November 2025: section 3(1).
Sections 9–189, 201–228, 230–299 on 1 May 2026: section 3(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Statewide Treaty Act 2025 by Acts and subordinate instruments.