Hansard debates

Ben CARROLL (Niddrie – Premier) (12:08): Under the Statewide Treaty Act 2025, I table a statement of treaty compatibility:

1. In accordance with section 66 of the Statewide Treaty Act 2025 (Vic) (Statewide Treaty Act), I table a statement of Treaty compatibility for the Independent Broad-based Anti-corruption Commission Amendment Bill 2026 (the Bill).

2. In my opinion, the Bill is compatible with the matters set out in section 66(3)(d) of the Statewide Treaty Act. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

3. The Bill introduces amendments to the Independent Broad-based Anti-corruption Commission Act 2011 (Vic) (IBAC Act) to expand the Independent Broad-based Anti-corruption Commission’s (IBAC) jurisdiction to examine and investigate corruption.

4. The purpose of the Bill is to:

a. Broaden the definition of ‘corrupt conduct’ to enable IBAC to investigate conduct that would constitute a ‘serious disciplinary matter’ or any criminal offence, and

b. Expand the definitions of ‘public body’ and ‘public officer’ to enable IBAC to investigate suspected corrupt conduct of persons performing public functions on behalf of the State, when the conduct is linked to the expenditure or use of public funds.

Consultation with the First Peoples’ Assembly of Gellung Warl

5. The First Peoples’ Assembly of Gellung Warl (Assembly) was provided with information regarding the Bill and an opportunity to advise on the Bill in August 2026. Following receipt of this information, the Assembly provided a response as follows:

a. Gellung Warl does not seek formal engagement on the proposed legislation at this time and supports the work of the Independent Broad-based Anti-corruption Commission.

Compatibility of the Bill with each of the objects in section 66(3)(d) of the Statewide Treaty Act 2025

6. I have considered whether the Bill is compatible with the objects at section 66(3)(d) of the Statewide Treaty Act:

a. advancing the inherent rights and self-determination of First Peoples

b. addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation, and

c. ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples.

7. I note that the conduct of private First Peoples-led business and Aboriginal and/or Torres Strait Islander Community Controlled Organisations (ACCOs) that may contract with government to deliver government services and provide a public function on behalf of the State may already be subject to IBAC’s jurisdiction.

8. However, the amendments in the Bill are not directed at First Peoples, nor is it expected that any aspect of the Bill will, in practice, have a differential impact on First Peoples. The amendments apply uniformly to all bodies and officers within the IBAC’s jurisdiction. There is a strong public interest in ensuring that public funds are utilised appropriately and in line with their intended purpose. As Victoria’s premier anti-corruption body, it is integral that IBAC is afforded the necessary functions and powers to examine and investigate the conduct of third parties who utilise public funds.

Conclusion

9. In my opinion, the Bill does not affect the objects specified in section 66(3)(d)(i) to (iii) of the Statewide Treaty Act and is therefore compatible with each of those objects.

The Hon. Anthony Carbines

Minister for Artificial Intelligence and the Digital Economy

Minister for Major Events

Minister for Medical Research

Minister for Racing

Minister for Economic Development