Hansard debates

Ben CARROLL (Niddrie – Premier) (12:11): Under the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility:

Opening paragraphs

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (Charter), I make this Statement of Compatibility with respect to the Inquiries Amendment (Special Prosecutor) Bill 2026 (Bill).

In my opinion, the Bill, as introduced to the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview

The Bill seeks to amend the Inquiries Act 2014 (Inquiries Act) to establish the Office of the Special Prosecutor, led by an appointed Special Prosecutor, to work cooperatively and in conjunction with the Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects in Victoria (Royal Commission). The Royal Commission was established by the Letters Patent dated 20 August 2026, as published in the Government Gazette on the same date.

The Victorian Government undertakes major public and civil infrastructure projects on behalf of the Victorian Community. It is essential that such projects are conducted with the highest possible level of integrity and have the trust and confidence of the Victorian public. The Royal Commission was established to identify the nature and extent of corruption, criminal conduct and serious misconduct affecting Victorian government-funded construction projects.

A Royal Commission has no power to prosecute or compile a brief of evidence under the Inquiries Act. This is appropriate given the role of a Royal Commission as an inquisitorial forum, rather than adversarial forum with judicial or prosecutorial powers. However, the Royal Commission has the potential to uncover evidence of criminality and corruption.

The Special Prosecutor is intended to work in parallel to the Royal Commission to provide information to Victoria Police, the Independent Broad-based Anti-Corruption Commission (IBAC), regulatory and licensing authorities, or other appropriate Victorian, Interstate, Territory and Commonwealth bodies, and for those entities to consider whether to take relevant actions in accordance with their functions.

The Bill will allow for information to be shared between the Royal Commission and the Special Prosecutor, and between the Special Prosecutor and relevant agencies, for this purpose as well as make other related minor and technical amendments to the Inquiries Act.

Human Rights Issues

In my opinion, the human rights under the Charter engaged by the Bill are the:

• right to freedom from forced work (section 11 of the Charter)

• right to privacy and reputation (section 13 of the Charter)

• right to peaceful assembly and freedom of association (section 16 of the Charter)

For the reasons outlined below, I am of the view that the Bill is compatible with the Charter because, to the extent that some provisions may limit human rights, those limitations are reasonable and demonstrably justified in a free and democratic society.

Right to freedom from forced work

Section 11(2) of the Charter provides that a person must not be made to perform forced or compulsory labour.

The Bill will insert a new power for the Royal Commission to compel a person via a written notice to produce information or a statement in writing to the Royal Commission before a specified time and in a specified manner. This may require the creation of a new document outlining the person’s knowledge or a document containing answers to specific questions.

As individuals will be compelled to prepare these documents or responses by law, it is conceivable that this new power impinges on the right to not be made to perform forced or compulsory labour.

Compulsion powers strengthen a Royal Commission’s ability to be provided with, and consider, the full extent of evidence required to thoroughly investigate the matters it is tasked with under the Letters Patent. Individuals compelled to provide evidence, whether documents already in existence or the creation of new documents, do so in order to ensure that the Royal Commission considers all relevant evidence and information.

It is also arguable that responding to the exercise of a lawful compulsion power under the Bill falls within an exemption provided for by section 11(3)(c) of the Charter which states that forced or compulsory labour does not include work or service that forms part of normal civil obligations. Further, in circumstances where the individual considers that the Royal Commission has arbitrarily issued the notice compelling specified information, thereby impinging on their right to freedom from forced work, section 18 of the Inquiries Act provides an ability for the individual to make a claim to the Royal Commission that they have a reasonable excuse for failing to comply with the notice.

The Bill may engage the right to freedom from forced work; however, in my view any limitation is reasonable and demonstrably justified in accordance with section 7(2) of the Charter.

Right to privacy and reputation

Section 13 of the Charter provides that a person has the right not to have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with, and the right not to have their reputation unlawfully attacked.

The Charter contains internal qualifications on this right, being that interferences with privacy only limit the right if it is unlawful or arbitrary. An interference will generally be lawful where it is precise and appropriately circumscribed and will generally be arbitrary only where it is capricious, unpredictable, unjust, or unreasonable, in the sense of being disproportionate to the legitimate aim being sought.

The Bill establishes the Office of the Special Prosecutor, led by an appointed Special Prosecutor, who will receive information obtained by the Royal Commission under existing provisions in the Inquiries Act. The Bill includes amendments to the Inquiries Act to specify obligations relating to the confidentiality, sharing, and use of information obtained by the Special Prosecutor. The Special Prosecutor will be subject to the existing obligations, restrictions and exemptions that apply to Royal Commissioner officers. This includes subjecting the Special Prosecutor to confidentiality provisions under the Inquiries Act and prohibiting the Special Prosecutor from knowingly disclosing any information acquired during their appointment, except in prescribed circumstances.

The Bill will enable the Royal Commission to disclose to the Office of the Special Prosecutor any acquired information, including information received from regulatory and licensing authorities it considers relevant and appropriate for the performance of the functions of the Special Prosecutor under the Inquiries Act or any other Act.

These amendments will enable regulated flow of information obtained by the Royal Commission to the Special Prosecutor for the purpose of assessing whether it would be appropriate to provide that information to Victoria Police, IBAC, regulatory and licensing authorities, or other appropriate Victorian, Interstate, Territory and Commonwealth bodies, for those entities to consider whether to take relevant actions in accordance with their functions. This is in accordance with the objectives of the Royal Commission as set out in the Letters Patent.

The Bill also includes amendments to the Inquiries Act specifying that any person who receives information from the Special Prosecutor during the Royal Commission’s inquiry, must not take advantage of that information.

Once the Office of the Prosecutor ceases to exist, their records will be transferred to the Department of Premier and Cabinet or any other body determined by the Premier, such as the Department of Government Services. The information must be managed in accordance with existing information, privacy or public record laws. This includes the lawful handling, disclosure or transfer of such information, where appropriate, to the Public Records Office of Victoria.

The information held by the Office of the Special Prosecutor is likely to contain personal and identifying information of individuals involved in Victorian government-funded construction projects, including witnesses and other individuals identified by the evidence obtained and disseminated by the Royal Commission. The information could be damaging to an individual’s reputation where there are allegations of corruption, crime or serious misconduct.

Further, the Bill inserts a new power for a Royal Commission to compel a person via a written notice to produce information or a statement in writing to the Royal Commission before a specified time and in a specified manner. The requested information may contain personal or sensitive information relating to the affairs of the compelled person, which may also be detrimental to their reputation.

However, to the extent that the Bill may interfere with the privacy of persons to whom the information or documents relate, the interference will not be unlawful or arbitrary. The interference will be prescribed by law and only shared for specific and limited purposes, as set out above. Further, the information sharing arrangements for the Construction Royal Commission are for a limited period and purpose. While the proposed compulsion powers will endure beyond the life of the Construction Royal Commission, they will arm this and future Royal Commission with the ability to obtain thorough and fulsome evidence upon which to conduct its inquiry.

Crucially, the sharing of information is necessary to support the Royal Commission’s inquiry and enable the provision of information to relevant bodies for the purpose of identifying the nature and extent of corruption, criminal conduct and serious misconduct in relation to the major construction projects in Victoria. This will help to rebuild trust in the integrity of the major construction sector in Victoria.

The Bill may engage the right to privacy and reputation; however, in my view any limitation is reasonable and demonstrably justified in accordance with section 7(2) of the Charter.

Right to peaceful assembly and freedom of association

Section 16 of the Charter protects the right to gather for a common purpose or to pursue common goals, such as protesting, gathering or meeting, whether in public or in private. This includes forming an industrial or trade union or similar group to protect common interests. The right to peaceful assembly and freedom of association is considered essential for the public expression of a person’s views and opinions.

The Royal Commission will investigate allegations of corruption, criminal conduct and serious misconduct that have been alleged to have occurred in major public and civil construction projections. Such allegations include the manipulation and misuse of contracting arrangements and industrial processes to confer benefits on entities and individuals without legitimate or proper basis, misappropriation and wastage of public funds allocated to the delivery of projects, and the use of violent and intimidatory behaviours.

A wide range of industrial and trade unions have been involved in the development and delivery of Victorian government-funded construction projects. As a part of its inquiry, it is likely that the Royal Commission will investigate the involvement of specific industrial and trade unions. Consequently, information involving relevant industrial and trade unions may be shared with the Special Prosecutor.

It is not intended that the Bill will limit the right of peaceful assembly or freedom of association with particular industrial and trade unions. The Special Prosecutor will have the power to provide information to Victoria Police, IBAC, regulatory and licensing authorities, and other appropriate Victorian, Interstate, Territory and Commonwealth bodies about industrial and trade unions. Any provision of information from the Special Prosecutor, or consequential investigatory, prosecutorial or regulatory action taken, may lead to some individuals being deterred from joining the relevant industrial or trade union. However, such provision of information is necessary to prevent and mitigate the risk of corruption, crime and serious misconduct on major construction projects in the future and in doing so to protect the right to peaceful assembly and freedom of association.

It is for this reason that I consider that the Bill is compatible with the right to peaceful assembly and freedom of association.

Conclusion

Having considered all relevant factors, I am satisfied that the Bill is compatible with the Charter. To the extent that any rights are limited, the limitation is reasonable and able to be justified in a free and democratic society based on human dignity, equality and freedom in accordance with section 7(2) of the Charter.

The Hon. Ben Carroll MP

Premier