Hansard debates

Tim RICHARDSON (Mordialloc – Minister for Local Government, Minister for Consumer Affairs, Minister for Renters) (11:17): 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 Associations Incorporation Reform Amendment Bill 2026.

2. In my opinion, the Bill is compatible with the matters set out in section 66(3)(d) of the Statewide Treaty Act 2025. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

3. The purpose of the Bill is to:

3.1. prevent groups with industrial relations purposes from registering as incorporated associations under the Associations Incorporation Reform Act 2012 (AIRA) or, if they are already registered, remove them from the register through winding up;

3.2. prevent prohibited hate groups or specified terrorist organisations from registering as incorporated associations under the AIRA or, if they are already registered, remove them from the register through winding up;

3.3. provide powers to the Registrar to refuse registration or wind up an association if it is against the public interest for the applicant or the association to be incorporated. In making these decisions, the Registrar of Incorporated Associations (the Registrar) must have regard to the effect or likely effect of an association’s purpose or conduct on the public, including on any person or group of persons because of a protected attribute as defined in the Equal Opportunity Act 2010 (the EO Act); and

3.4. enable the Registrar to request additional information about an association’s proposed purposes or activities, to inform any decision relating to incorporation.

Consultation with the First Peoples’ Assembly of Gellung Warl

4. 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

5. I have considered whether the Bill is compatible with the objects at section 66(3)(d) of the Statewide Treaty Act 2025:

5.1. advancing the inherent rights and self‑determination of First Peoples; and

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

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

6. In my opinion the Bill does not affect any of the objects specified in section 66(3)(d)(i)–(ii) of the Statewide Treaty Act 2025 and is therefore compatible with each of those objects.

7. In my opinion the Bill may promote the equal enjoyment of human rights and fundamental freedoms by First Peoples as specified in section 66(3)(d)(iii) of the Statewide Treaty Act 2025.

8. First Peoples are at higher risk of being targeted by hate groups. This may limit First Peoples’ rights to enjoy their human rights without discrimination including First Peoples’ distinct cultural rights. It is expected that the Bill will promote social cohesion and increase protections for First Peoples by removing the legal framework that can assist hate groups to target First Peoples and affect their ability to equally enjoy human rights and fundamental freedoms. The measures relating to hate groups are therefore likely to positively affect the object at section 66(3)(d)(iii) of the Statewide Treaty Act 2025, by promoting the equal enjoyment of human rights and fundamental freedoms by First Peoples.

Conclusion

9. Accordingly, in my opinion, for the reasons stated above, the Bill is compatible with each of the objects in section 66(3)(d)(i)–(iii) of the Statewide Treaty Act 2025.

The Hon Tim Richardson MP

Minister for Local Government

Minister for Consumer Affairs

Minister for Renters