Hansard debates

Ben CARROLL (Niddrie – Premier) (12:11): 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, I table a statement of Treaty compatibility for the Inquiries Amendment (Special Prosecutor) 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 2025 (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 Inquiries Act 2014 (Inquiries Act) to establish the Office of the 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 (Construction Royal Commission).

4. Proposed amendments to the Inquiries Act will:

4.1. Establish the statutory Office of the Special Prosecutor, led by the Special Prosecutor.

4.2. Prescribe provisions relating to confidentiality, sharing, and use of information obtained by the Special Prosecutor to allow information exchange with the Construction Royal Commission. This includes information acquired by the Commission from Victoria Police, the Independent Broad-based Anti-corruption Commission (IBAC), and other relevant persons or bodies.

4.3. Enable a Royal Commission to compel the production of written information and statements that are not in existence at the time the notice to produce is issued.

4.4. Make minor and technical amendments to the operation of the Inquiries Act.

5. The Bill will also make necessary consequential amendments to the Inquiries Act, the Integrity Oversight Victoria Act 2011 and the Independent Broad-based Anti-corruption Commission Act 2011.

Consultation with the First Peoples’ Assembly of Gellung Warl

6. The First Peoples’ Assembly was not given an opportunity to advise on and did not make representations on the Bill, based on my understanding that it is unlikely to have a significant impact on First Peoples or Statewide Treaty.

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

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

7.1. advancing the inherent rights and self‑determination of First Peoples (section 66(3)(d)(i));

7.2. addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation (section 66(3)(d)(ii)); and

7.3. ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples (section 66(3)(d)(iii)).

8. The amendments do not on their terms deal with First Peoples, nor is it expected that any aspects of the Bill will, in practice, have a differential impact of First Peoples. As explained in the overview, the amendments to the Inquiries Act seek to establish a new Office of the Special Prosecutor to support the Construction Royal Commission, and make other necessary minor and technical amendments. It therefore does not affect the objects of the Statewide Treat Act.

Conclusion

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

The Hon. Ben Carroll MP

Premier