Hansard debates

                              INQUIRIES BILL 2014
                                 Second reading

  Dr NAPTHINE (Premier) -- I move:
  That this bill be now read a second time.
Speech as follows  incorporated  into Hansard in  accordance with resolution  of
house:
  This  bill  will  establish  Victoria's  first dedicated legislation for royal
  commissions and  other ad hoc  executive inquiries. It will  create a flexible
  and  effective modern legislative framework for the establishment and  conduct
  of these inquiries.

  In doing so, it will  also  deliver the government's commitment to implement a
  recommendation of the 2009  Victorian Bushfires Royal Commission, which called
  for the enactment of such legislation.
  Royal commissions  and other executive inquiries serve an important role. They
  allow  issues  of  significant  public  importance   to   be   thoroughly  and
  independently  examined. They are also a catalyst for change, with the reports
  and recommendations  of previous inquiries delivering far-reaching benefits to
  the Victorian  community.  This  importance  is  well  highlighted  by  recent
  examples of inquiries, including the Hazelwood coal mine  fire inquiry and the
  Royal Commission into Institutional Responses to Child Abuse.
  Victoria  is   one  of  the  few  Australian  jurisdictions  without  specific
  legislation for executive inquiries.

  The existing  legislation  is  dated  and  unwieldy,  and  has  been  strongly
  criticised  by  previous royal commissions  as  a consequence.  The  bill will
  address this by providing a legislative framework befitting of these inquiries
  and which will support their important work.
  The bill also  makes related amendments and consequential amendments to  other
  Acts, including the Constitution Act 1975, Evidence (Miscellaneous Provisions)
  Act 1958, Public Administration Act 2004 and  the Parliamentary Committees Act
  2003.
  Overview of the bill
  The  bill  provides a  modern,  flexible framework for  the  establishment and
  conduct of three forms of inquiry:

    Royal commissions remain at  the apex  of the  hierarchy and will be able to
    exercise extensive coercive and investigative powers.
    Boards  of inquiry are  a mid-tier inquiry option.  These inquiries will  be
    able to exercise a more limited range of coercive and investigative powers.
    Formal reviews are the lowest  tier  of inquiry. These inquiries will not be
    able to exercise coercive powers, but can receive information voluntarily.
  The bill provides for a number of matters in relation to the establishment and
  conduct of inquiries including:
    the process of establishing an inquiry;

    the administrative arrangements for  an inquiry (including the employment of
    staff and consultants);
    the manner of conducting an inquiry;
    the powers and protections for inquiry members;
    the rights and protections for participants in an inquiry; and
    the process of reporting to Parliament.
  The bill will  provide for the  efficient and effective conduct  of inquiries,
  without  being  unduly   prescriptive.  In   particular,  the  bill   provides
  flexibility for an inquiry, once established, to determine how best to conduct
  itself.

  To  this  end,  the  bill allows inquiries to determine matters  such  as  the
  employment of staff, whether to hold public or private hearings, how to gather
  evidence, and how to respond  to  those  who  hinder  or  obstruct the inquiry
  process.
  This flexibility is consistent with  the  independence of executive inquiries,
  which  is  an important and necessary feature for an inquiry to be successful.
  Executive inquiries are tasked with examining issues of the highest public 

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importance. This will  often  require  the inquiry to examine the actions of the
executive government. The independence  of inquiries is essential for this task,
and is therefore affirmed by the bill.  For  example,  inquiry  members  are not
subject  to  the direction and  control  of ministers, and  inquiry officers are
exempt from the obligations to  implement  government  policies which ordinarily
apply to public servants under the Public Administration Act 2004.
  Powers of inquiries
  A royal commission will have extensive information-gathering and investigative
  powers. This includes requiring persons to produce documents and give evidence
  on  oath,  and  entering  and  searching  premises with  a  warrant  from  the
  Magistrates Court. In particular, a royal commission  will be able to abrogate
  legal  professional  privilege  and,  in  some  cases,  the  privilege against
  self-incrimination, in pursuing its inquiry.

  These powers are appropriate for a royal commission given it will be inquiring
  into significant matters affecting the community.
  A board of  inquiry will have some  information-gathering powers. It  will  be
  able to require a person to produce documents and answer questions on oath. As
  with a royal commission inquiry, failure to do so will be an offence under the
  act. However,  a board of inquiry will not be able to abrogate privileges  nor
  enter  and  search  premises.  As  such  powers  are a  significant  limit  on
  individual rights and freedoms, they are inappropriate  for  this  second-tier
  inquiry, which is intended to operate in a less formal manner and will examine
  less serious matters than royal commissions.
  In contrast to a royal commission or  board of  inquiry, a  formal review will
  not be able to exercise any coercive information-gathering powers.

  However, these inquiries can seek and receive evidence voluntarily and through
  cooperation.  This  third  tier  is  intended  to  formalise  and  provide   a
  legislative  basis for inquires, such as the Protecting Victoria's  Vulnerable
  Children Inquiry, which are currently established and conducted on an informal
  basis without any statutory protections for those who  conduct or are involved
  in the inquiry. This form of inquiry is likely to operate with the least level
  of formality.
  In summary, the bill offers the executive the choice of three forms of inquiry
  with differing levels of power. It  assists the executive to choose an inquiry
  fit for purpose when faced with the need to establish an inquiry. Further, the
  bill will  also  provide an option to  convert an inquiry from  one  tier to a
  higher tier where  necessary or desirable. For  example, a formal review could
  be converted into a board of inquiry if it is necessary to provide the inquiry
  with more extensive information-gathering powers.

  Independent bodies and office holders
  The  bill  will prevent  a  coercive executive inquiry  into various Victorian
  independent bodies and office holders, including independent  officers  of the
  Parliament  (like the  IBAC,  the Ombudsman and  the Auditor-General) and  the
  judiciary. This is consistent with the independence and status of these bodies
  and officers,  who are not  accountable to the  executive government. Further,
  such inquiries are  not  necessary, as  there  are more  appropriate  existing
  mechanisms  for  examining the actions  and performance of  these  persons and
  bodies.  For  example, the  Victorian  Inspectorate  oversees  Victoria's  key
  integrity bodies, and the proposed judicial commission will be able to receive
  and investigate complaints against judicial officers.
  Conclusion

  The Inquiries Bill will rectify a significant legislative gap in Victoria,  by
  establishing a  new and effective framework  to support the  establishment and
  conduct  of  executive  inquiries.  The  need for  such  legislation  is  well
  recognised,  as demonstrated  by  the comments  and recommendations previously
  made by the Victorian bushfires royal commission and other inquiries. The bill
  provides  a  modern  and  adaptable  legislative  scheme,   which  strikes  an
  appropriate  balance  between  flexibility and clarity. It also  reflects  the
  importance and independence of executive inquiries.
  I commend the bill to the house.
Debate adjourned on motion of Mr NOONAN (Williamstown).
Debate adjourned until Thursday, 4 September.