Hansard debates

Ben CARROLL (Niddrie – Premier) (12:12): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

The Bill is an important step towards the Victorian Government’s commitment to upholding integrity and uncovering misconduct in Victoria’s construction industry.

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 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 has been established to identify the nature and extent of corruption, criminal conduct and serious misconduct affecting Victorian government-funded construction projects.

The Royal Commission was established by the Letters Patent dated 20 August 2026, as published in the Government Gazette on the same date. The objectives and Terms of Reference are set out in the Letters Patent.

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 to consider relevant actions in accordance with their functions.

The Bill will ensure that there is a dedicated, specialist resource working alongside the Royal Commission, so that when wrongdoing is uncovered, it is investigated and prosecutions pursued.

Given the complexities associated with legislating for a fully empowered Office of the Special Prosecutor, necessary reforms will be undertaken in two tranches. This Bill is tranche one of the reforms to establish the Office of the Special Prosecutor and provides scope for information sharing by and with the Special Prosecutor.

Tranche two of the reforms will be progressed in early 2027 to provide additional powers and functions to the Special Prosecutor, subject to consultation, and may include further information sharing, investigatory, and prosecutorial powers, and to make other consequential amendments as required such as amendments relating to the admissibility of evidence obtained by the Construction Royal Commission in subsequent legal proceedings.

I now turn to the details of the Bill.

Appointment of the Special Prosecutor

The Special Prosecutor will focus on ensuring that appropriate action can be undertaken by relevant law enforcement, integrity and regulatory bodies where evidence passed on from the Royal Commission indicates that further investigation and action could be taken to address instances of criminal or corrupt conduct and serious misconduct. The Special Prosecutor will do this by working in cooperation and collaboration with the Royal Commission to provide relevant information to the appropriate body for them to consider whether to take relevant actions in accordance with their functions.

This Bill provides the legislative vehicle to create the statutory Office of the Special Prosecutor in the Inquiries Act, consisting of one Special Prosecutor appointed by the Governor in Council, on the recommendation of the Premier following consultation with the Construction Royal Commissioner.

The Bill provides that the Special Prosecutor must be an Australian lawyer of at least 8 years’ standing and provides for an initial appointment term of up to two years. This appointment may be extended by up to 12 months by the Governor in Council, on the recommendation of the Premier.

In the event that a Crown Prosecutor is appointed as the Special Prosecutor, the Special Prosecutor will have the right to return to their position as Crown Prosecutor for the remainder of their appointment term once they cease their role as the Special Prosecutor. If a Senior Crown Prosecutor is appointed as the Special Prosecutor, the Special Prosecutor will retain their pension entitlements and any other rights or privileges that the person may be entitled to as a Senior Crown Prosecutor.

To ensure independence of the role, the Special Prosecutor will not be subject to the direction or control of the Premier or any other Minister, in respect of the performance of their duties and functions and the exercise of their power.

The performance by the Special Prosecutor of their functions and the exercise of their powers will be carried out fairly and independently. The Special Prosecutor will remain a ‘public body’ for the purposes of the Independent Broad-based Anti-corruption Commission Act 2011, and therefore subject to oversight by IBAC.

The independence from government is central to public confidence in the Special Prosecutor’s operations, as it will ensure that the performance of their functions is conducted without government influence.

Powers and functions of the Special Prosecutor

The Bill sets out the powers and functions of the Special Prosecutor in accordance with the Royal Commission’s Letters Patent. The Special Prosecutor will have the power to do all things that are necessary or convenient to be done for, or in connection with, or as incidental to, the performance of their duties and functions.

The Bill will enable the Royal Commission to disclose to 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.

Under this Bill, the Special Prosecutor has the function to work cooperatively with the Construction Royal Commission to provide information to Victoria Police, the IBAC, regulatory or licensing authorities and other relevant bodies to consider relevant actions in accordance with their functions. This will streamline appropriate action being taken by relevant bodies where corruption, criminal conduct and serious misconduct is identified and help to rebuild trust in the integrity of the major construction sector in Victoria.

The Bill places important safeguards on the use of the information acquired by the Special Prosecutor. The Special Prosecutor will be subject to the existing obligations, restrictions and exemptions that apply to Royal Commission 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 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.

In exercising its powers and functions, the Special Prosecutor will be protected from legal liability, similar to immunities currently provided to Royal Commissioners and staff members of Royal Commissions under the Inquiries Act.

Removal of the Special Prosecutor

The Special Prosecutor may resign from the Office by delivering to the Premier a signed letter of resignation. The Bill also provides that the Governor in Council, on the recommendation of the Premier, will have the authority to remove a person appointed as the Special Prosecutor based on stipulated grounds. This includes the ground of misconduct, neglect of duty, inability to perform the duties of the office, or any other ground on which the Special Prosecutor is unfit to hold office.

During any vacancy in the role, the Governor in Council will be able to appoint a person to act in the Office of the Special Prosecutor on the recommendation of the Premier for a period of up to three months.

The Office of the Special Prosecutor will cease to operate six months following the tabling of the Royal Commission’s final report. This will allow the Special Prosecutor to continue providing information to relevant bodies following the cessation of the Royal Commission, if required.

Power to compel information

The Bill will introduce new powers under the Inquiries Act for a Royal Commission, including the Construction Royal Commission, to compel the provision of information and/or statement. This will broaden existing powers under the Inquiries Act which only allow a Royal Commission to require the production of a document or things in existence at the time the notice to produce is issued.

The proposed amendments in the Bill will enable the Construction Royal Commission, and future Royal Commissions, to compel a person via written notice to give information or a statement, in writing, to the Royal Commission before a specified time and in a specified manner. This is intended to include information created from a person’s knowledge in addition to information held in documents. This reform means that the Royal Commission can gather specific information by requiring a person to respond to questions in writing, to give specific written information and/or give a witness statement relevant to the subject-matter of the inquiry. These processes will ensure that Royal Commissions will be more efficient in gathering evidence. For example, a person can be required to give evidence in writing by responding to specific questions without the need to give oral evidence at a hearing, where the Royal Commission considers this is appropriate. These amendments will endure beyond the life of the Royal Commission and the Office of the Special Prosecutor.

Conclusion

The Bill ensures that the Special Prosecutor is empowered to perform their role and work cooperatively with the Royal Commission. It also provides the Commission with broader powers to acquire information relevant to its inquiry.

The Special Prosecutor will play a key role in increasing confidence in the integrity of the Victorian construction industry, ensuring that relevant information can be provided to appropriate bodies to consider relevant actions in accordance with their functions. The Royal Commission and the Special Prosecutor will represent another important step forward to ensure that the events that led to the Royal Commission can never occur again.

I commend the Bill to the House.