Hansard debates

Anthony CARBINES (Ivanhoe – Leader of the House, Minister for Police, Minister for Community Safety, Minister for Victims, Minister for Racing) (11:27): Under the Statewide Treaty Act 2025, I table a statement of treaty compatibility:

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

Overview of the Bill

The Victorian Government recently introduced a range of electoral reforms via the Electoral Amendment Act ‍2026 (Amendment Act) and the Electoral Further Amendment Act 2026 (Further Amendment Act). The reforms introduced by the Amendment Act and the Further Amendment Act strengthen Victoria’s democratic system by ensuring integrity, transparency, accountability, and fairness in Victoria’s electoral processes.

In support of these underpinning principles, this Bill introduces further reforms to the Electoral Act 2002 (Electoral Act). Key amendments to the Electoral Act under the Bill include:

• removing group voting ticket provisions from the Electoral Act;

• prescribing a new method for voting in Legislative Council elections requiring electors to number at least five groups above the line, in order of preference;

• specifying new timeframes for certain annual returns, payments, and applications for state funding which were due after old Part 12 of the Electoral Act was invalidated but before current Part 12 of the Electoral Act was introduced via the Further Amendment Act;

• requiring the Victorian Electoral Commission (VEC) to publish the Register of New Entrants on their Internet site; and

• requiring registered political parties to provide the VEC with prescribed information when repaying historical amounts received from their nominated entities between 25 November 2018 and 14 April 2026, and for the VEC to publish that information on its Internet site.

Consultation with the First Peoples’ Assembly of Gellung Warl

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

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

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

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

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

Advancing the inherent rights and self‑determination of First Peoples

The inherent rights of First Peoples, including the right to self-determination, are recognised by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

The First Peoples’ Assembly, as it existed prior to the commencement of the Treaty Act, identified that the right to self-determination for First Peoples includes political self-determination, which provides First Peoples with the right to self-government and the power to organise and direct their lives according to their own values, institutions and mechanisms within the framework of the state of which they are a part.

The Bill may indirectly limit the achievement of political determination for First Peoples by imposing obligations and limitations on voting, including votes made by First Peoples, or to political parties or candidates who represent First Peoples’ interests. These limitations may arise from amendments under the Bill that will abolish group voting tickets and prescribe a new method of preferential voting in Victoria’s Legislative Council elections.

Despite the indirect limitation on the right to political self-determination, the Bill is compatible with the object of advancing the inherent rights and self-determination of First Peoples as any limitation on the right to political self-determination is reasonably justifiable for serving the overall legitimate purpose of increasing transparency and integrity within Victoria’s electoral system. The regulations on voting methods are also necessary measures to ensure electors can participate meaningfully and that their votes are represented fairly in election outcomes.

Addressing unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation

The Yoorrook Justice Commission’s ‘Truth be Told’ report describes the effects of colonisation on First Peoples. It describes how the gap between outcomes for First Peoples and other Victorians in areas including life expectancy, education, and health is caused by the impacts of colonisation in the past, which continue today.

The Bill may indirectly compound the unacceptable disadvantage inflicted on First Peoples by imposing restrictions on voting methods as outlined above.

The Bill remains compatible with the object of addressing unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation as the proposed reforms apply equally to all Victorians, including First Peoples and non–First Peoples, as such, any impact on specific disadvantage by First Peoples is likely to be minor. The Bill serves the overall purpose of improving Victoria’s electoral system, and the restrictions imposed are proportionate to this objective.

Ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples

A Bill may affect the equal enjoyment of rights and freedoms by First Peoples where, in its express terms or practical effect, it has a differential effect on First Peoples as compared to non–First Peoples.

As the Bill does not in its terms deal with First Peoples and does not directly or indirectly in its practical effect engage the human rights or fundamental freedoms of First Peoples, the Bill is compatible with this object.

The Hon Ben Carrroll MP

Premier