Tuesday, 2 December 2025

 Mary-Anne THOMAS (Macedon – Leader of the House, Minister for Health, Minister for Ambulance Services) (12:54): I move:

That, under standing order 94(2):

(1)   the order of the day, government business, relating to the Justice Legislation Amendment (Community Safety) Bill 2025 be considered and completed by 5 pm on 2 December 2025; and

(2)   the orders of the day, government business, relating to the following bills be considered and completed by 5 pm on 4 December 2025:

Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Bill 2025

Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025.

While this is the last full sitting week of the 2025 year, we have some very significant and important bills to debate in this place this week. The Allan Labor government is absolutely committed to working hard every day to respond to the needs of the Victorian community and to ensure that we use our time in this place to legislate to address those needs. That is why we have a very important bill that we are debating today, the Justice Legislation Amendment (Community Safety) Bill 2025.

There is absolutely no doubt that the Victorian community is looking for government to do more when it comes to addressing issues regarding community safety, but it is also very clear that the Victorian people want our government to do everything that we can in order to reduce crime before it happens and particularly to target young offenders and ensure that we can divert them from criminal pathways and create an environment where they can become productive members of our society. Nonetheless when we have children who are committing brazen, violent crimes, our government believes that they should face serious consequences in the justice system. The Premier and the Attorney-General announced that we would implement our adult time for violent crime policy via a bill, and we have turned that bill around and brought it to this house. We will debate it today, such is the seriousness of the issue and our government’s commitment to addressing this issue of real concern for people in Victoria. We are absolutely committed to boosting community safety. We believe that all Victorians should feel safe in their homes, in their workplaces and out on our streets, enjoying all that our great city and state have to offer, and that is why this bill will be debated today.

Another very important justice bill is the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025. I know that there are many members on this side of the house who will want to make contributions to this bill. It will also enable them to reflect on our government’s longstanding commitment to addressing institutional child abuse head on. We have already taken a number of significant steps, and we have been a leader in implementing reforms from the Royal Commission into Institutional Responses to Child Sexual Abuse. This bill that is to be debated today works directly to address the impacts of Bird v DP. The decision of the High Court in Bird v DP overturned a decision of the Victorian Supreme Court, upheld by the Court of Appeal, that extended vicarious liability to relationships that are akin to employment. This bill is designed to close a loophole that has allowed organisations to evade accountability because their abuser was not formally employed. We are not going to stand by and allow this loophole to continue. That is why this bill is in this place this week to be debated in this chamber.

Finally, the Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Bill 2025 delivers on a commitment that was made to introduce legislation to amend the principal act to include a trailing liability scheme for rehabilitation of declared mines, which are currently the three Latrobe Valley coalmines.

Martin Cameron interjected.

Mary-Anne THOMAS: I look forward to the member for Morwell speaking effusively in support of this bill. This is part of our government’s commitment at all times to the people of the Latrobe Valley, people who this government has worked tirelessly for to ensure that we have a just transition as we see the selling up of old coal-fired power stations by the private sector and the necessary transition to renewable energy. Mine rehab and post-closure arrangements should be funded by mine licensees. This is a really important government business program, and I commend it to the house.

 James NEWBURY (Brighton) (13:00): The coalition will be opposing the government business program. It is another instance of the government mismanaging the chamber. As we spoke about earlier today, the coalition of course will not be opposing the legislation in relation to the ‘adult time for adult crime’ legislation that will be considered later today. However, we are concerned by the way the government is managing the chamber.

Can I have just a moment’s indulgence, noting that it is the final government business program for the year, to say that I think it is important that the house acknowledges the incredible work of the people in this chamber and more broadly the Parliament to make this place operate throughout the year. The coalition want to put on record our thanks to the clerks. The clerks are incredible people. We just heard only a moment ago of the Clerk of the Parliaments picking up an issue in a particular amendment that came through both chambers. The clerk picked up a small issue in that amendment post the fact, which just goes to show, I think, the incredible work that the clerks do in picking up things that perhaps we have not picked up and perhaps the government has not picked up. They are working at all hours to make sure that the legislation that goes through the chamber is as good as it should be for Victorians. But more broadly, when we sit late hours, the clerks are here, and so too are the attendants. The attendants are here working incredibly hard to support us and support the Parliament’s operation. To the security staff, who keep the building safe, and more broadly all of the staff – the Hansard staff and every single member of parliamentary services who makes sure this Parliament operates – thank you for everything that you do. You do an incredible job.

Beyond just the parliamentary staff, to all of our own staff in terms of members of Parliament, thank you very much for the work that you do throughout the year. I know in my own office I have an incredible staff. Elouise Ager my office manager, Allie Amey, Victoria Morgan and Edward Bourke work very, very hard. I am sure that is so not just in my office but in all of our offices. I am sure every member of Parliament would thank their staff for the work that they do in ensuring that we have the information and the support that we need in terms of communicating with our constituency, ministers and their staff in terms of the work they do as well more broadly. I think we should all take the opportunity, with this being the last government business program, to thank all of them for the work they do and, as I said earlier, parliamentary staff for their incredible work. We have had a number of sitting days this year where we have sat very, very late without any anticipation of doing so, and those staff have been here, so thank you.

The coalition will not be supporting the government business program, because of the haphazard way that the government is proposing to manage this week. We raised concerns about that in an earlier debate, but we will be raising concerns now through the government business program procedural motion that the government is mismanaging this chamber yet again. That should not reflect on the substance of the matters to be dealt with. Two of those bills I will be speaking to in more detail, one of them today, and we will unfortunately not get the opportunity to debate it in the time that we should, because of the 5 o’clock guillotine, so the coalition will be opposing the government business motion.

 Lauren KATHAGE (Yan Yean) (13:05): I rise to speak in support of the government business program. I would like to reflect on and thank the member opposite for his quiet, considered, dulcet tones as he opposed the government business program, because it reminds me of a story I know well, Goldilocks, because today it is too fast and last week it was too slow. Which one is it? I know today those opposite are coming in to say, ‘Whoa, whoa, whoa, Nelly, this is too fast,’ where previously they were whipping the horse. I would like to say that they need to stop flogging that horse, because we are here to do what the community has asked us to do. I note that they have already wasted 30 minutes of talking with the procedural motion, when my community have said to me they are sick of talk. They do not want talk. They do not want the politics that we continue to see from those opposite. They want action, and that is what we are delivering with this government business program – the program that those opposite are opposing. They do not want us to bring the community safety work to this place today. They are opposing it. They do not want it here, which means in effect, they think it should be next year, after Christmas. They want to leave for the Christmas period without the work being implemented. I think that shows you that for those opposite it is about talk, it is about politics but it is not about action.

When I look at the government business program for this week, to me, I can really see that each of the bills we are talking about are about securing a safer and better Victoria for the children. We can see, for example, with the Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Bill 2025 that we want our children and the future generations of Victoria to have a good environment left to them and that after the profits are taken and the stations are powered down we return to the natural state that people can walk through and enjoy. I come from a coalmining family, so of course we love to see people doing well in that industry. Now that the investment is moving on to renewable energy, we would like to see those places returned to how they were.

We want children to be safe from crime, and we do not want children to be committing crime. We want to give them a good future. That is why we have our Justice Legislation Amendment (Community Safety) Bill 2025 today, so that on the one hand children are protected from being victims of crime, and children are also prevented from becoming perpetrators of crime. These are two key things that we are achieving there for children. And of course as we heard the Leader of the House say, there are organisations who are evading accountability for harming children. There is a lack of equity for victim-survivors based on the employment status of their abuser. As the Leader of the House said, that is a loophole that we will be closing through our work this week, because we want children to be safe when they are under the care of other organisations and we want there to be stronger deterrents and incentives for organisations and churches to be child safe, and these organisations should redouble their efforts to make sure that every child is safe when they are in their care.

So you can see what I am saying: that each of these bills supports a safer, fairer, more equitable and greener Victoria for our children today and also for the future generations of Victorians who are coming. That is why I am really proud to stand here as a member of the government supporting this government business program. Whatever fairytales those opposite want to believe or spin, story time is finished for them, and we are getting on and getting the job done.

 Jade BENHAM (Mildura) (13:10): Story time has not finished, not at all. Let us be a little bit more enthusiastic about what was supposed to be the last full sitting week and full government business program of this Parliament for this year. Alas, time management in this place is a shambles, a shemozzle if you will. In fact I looked up 15 other words for ‘shemozzle’. Shall I go through them?

It is not the bills that are on the business program that we are opposed to, as the Manager of Opposition Business said, it is the time management in this place and the hypocrisy that comes about when we are having an extra sitting day, after being called back for an extra sitting week, and yet when the member for Kew proposed during the winter break to return to Parliament early and have an extra week then to fix the childcare crisis we could not do that. That would have been a better idea, to come back from holidays earlier and get all of this stuff sorted out, because the community was crying out for all of these changes then too. It has taken until now and a downward turn in the polls to understand that these things need to be changed. The time management in this place is a shemozzle, it is unstable, it is a madhouse, it is bedlam, it is a circus, it is a dog’s breakfast, it is a maelstrom, if you will.

Turning to the bills on the program for this week, the Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Bill 2025 is largely to do with coal overlays, and I know my good friend and colleague the member for Morwell will be champing at the bit to contribute to that bill, which is of great interest to the people of the Latrobe Valley. The justice bills that are also on the program for this week are of great interest to every Victorian. Albeit 18 months too late, this is a step in the right direction.

It is not a case of those on this side of the house opposing the bills. On the contrary, we oppose the absolute circus that this chamber has become and the time management or lack thereof. I spoke about this a few weeks ago. If had been a bit of foresight or recognition that the Victorian community has been crying out for changes in justice legislation for the past three years at least, then we could have got this done without having to have extra sitting weeks and extra days, to introduce bills and then debate them and guillotine them on the same day, which makes an absolute mockery of the Westminster system of government and the conventions that go along with it. We hold those conventions and the Westminster system in this state and in this nation dear; they are sacred, and they should not be contradicted and made a mockery of like the Allan Labor government has done. That is what we are opposed to, so yes, we will once again oppose the government business program.

But I will follow the Manager of Opposition Business in thanking the staff and the clerks who have put in a huge effort and who pivot at any given time to make sure that these changes, these swift changes, and the diversion from convention can be accommodated. For that, they should be absolutely applauded.

We will be opposing the government business program, not because of the bills in it but because of the – let me find another one – absolute clamour that this chamber has become. Not only that, when you have to return for one day from the north-west of the state, logistically, and selfishly for me, it is not easy. I am 6 hours away and to return for one day when there is a school awards program is quite difficult. A bit of pre-planning and forethought on these things would be much appreciated, as would a – what is the word I am looking for; I have not got my thesaurus up now – uniformity or a commitment – that is the word I am looking for – to the conventions of the Westminster system of Parliament, which is far from what we have seen in this chamber thus far.

 Pauline RICHARDS (Cranbourne) (13:15): I am very pleased to speak in favour of this true Labor government business program. I am very much looking forward to getting out my thesaurus, because I was interested in hearing the member for Mildura use a thesaurus to consider chaos, when it appears to me that chaos might have been the language that has been used by many members of the Victorian community to refer to their partners in the coalition, the Liberal Party.

Will Fowles: On a point of order, Deputy Speaker, relevance.

The DEPUTY SPEAKER: There is some rebuttal, but the member for Cranbourne to return to the government’s business program.

Pauline RICHARDS: I was taking up the language that was used and referring directly to the language used by the member for Mildura. But boy, am I very pleased to be able to speak about how hard working this government is to deliver on the types of reform and the types of absolute priorities that we are focused on, which are the same priorities as the community that we serve. Before I speak about the hundred pieces of legislation that have been passed since our Premier stepped into the role of serving the community as the Premier, I do want to say how relieved I am that it appears the casting call behaviour of those opposite who were looking to audition for roles appears to have come down a notch as we speak to the bills in front of us rather than this high-octane banging of the table that we have certainly seen in the last couple of weeks.

I do pay credit to the extraordinary work of the ministers in government, and I do need to particularly call out the Minister for Climate Action, Minister for Energy and Resources and Minister for the State Electricity Commission, because once again we have another piece of legislation that speaks to the important work that happens in our mineral resources sector. This Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Bill 2025 has been brought forward again to make sure that our state is nurtured and cared for in a way that balances perhaps what those on the crossbench from the Greens political party and those opposite might sometimes come at cross-purposes and have different views on. Once again we are going to have the opportunity to debate, ensuring that our energy system is sustainable, that we do care for the future and that we have all of the levers in place to make sure that our mining sector does take responsibility and step in for rehabilitation.

I am very pleased that the member for Wendouree is here, and I do pay credit to the member for Frankston for the extraordinary work in ensuring that this Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025 is here for us to consider this week. This is really difficult subject matter. The complexity of the issues that have been canvassed and the way that we bring legislation to this place are navigated to ensure that people are cared for and looked after in what we know to be the most difficult and awful experiences. Ensuring that we amend the Wrongs Act 1958 to retrospectively and prospectively expand vicarious liability for child abuse from employment relationships is something that I am proud of. I do particularly want to pay credit to the Attorney-General for the hard work that has gone into this and also acknowledge other members in this place and particularly the burden and pain that this has brought to their communities. As we have heard today, I pay credit to those who have made the case for why we do need to respond with important legislation that ensures our community can stay safe. There is a little bit of speaking out of both sides of their mouths from those opposite, as I think was perfectly articulated by the member for Yan Yean, who pointed out the way that people say we are too fast or we are too slow. We are just right – she is right.

 Chris CREWTHER (Mornington) (13:20): I rise to speak on the government’s business program today, but, like the member for Brighton, I want to start by seeking your indulgence, in what might be my last chance to speak on this this week, to thank the Speaker, to thank you as the Deputy Speaker and to thank the speaking panel and all the clerks and staff of the Parliament who do such a great job not only this week but throughout the whole year. In addition, I would like to thank all the MPs and their staff as well. As a whip, I have to work closely with whips across many different parties, so I would like to acknowledge the member for Mildura from the Nationals; of course the member for Cranbourne; the member for Narre Warren North, who put up with me, from the Labor whips panel there; and also the member for Richmond from the Greens; indeed we have to work closely together to ensure that this Parliament operates smoothly. In addition of course there are a few others that I work with from across the chamber, so thank you to them as well, including the Leader of the House and the Manager of Opposition Business.

[NAME/S AWAITING VERIFICATION]

I would also like to acknowledge my own team: I have Donna, Rob, Massimo and Bec who make up my part-time and full-time staff; they have been with me for three years now, and consistently – knowing the stress of Parliament, the fact that they have stuck with me for those whole three years is a credit to them. In addition to that I have a number of casual team members like Val and Susan who have also been with me for three years, and in addition 18-year-old Taj, who started with me this year, and Daniel, who both work on a casual and volunteer basis.

Going now to the government business program, we are of course opposing the government business program. This has been a shambles, as we have seen not just this week but in a number of weeks this year. Once again, we had a government business program sent out with the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025 and the Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Bill 2025 on Thursday evening, but then last night we got an updated government business program, also adding the Justice Legislation Amendment (Community Safety) Bill 2025, and once again we will have insufficient time to properly debate that, with the guillotine occurring and divisions at 5 pm today with minimal debate. This indeed reflects this year where we have had an extra sitting week. We have had sittings that have run to 2 am on a number of occasions. We also have an extra sitting day next week. It shows the disorganisation when it comes to this Labor government.

Now, I want to go into the bills that are up this week. We of course have the justice legislation amendment bill with vicarious liability. The High Court’s decision in Bird v DP created real uncertainty for survivors whose abuse occurred in institutions where the perpetrator was not technically an employee. There are good arguments to ensure that institutions cannot escape accountability simply because of how they choose or chose to structure their staff and arrangements., yet if the government was serious about good lawmaking it would ensure sufficient time this week for a detailed, careful consideration that such a complex bill deserves, including its interaction with existing abuse and limitation statutes and the practical implications for community organisations, churches, schools and government bodies; instead we get a program that squeezes debate and shuts down opportunities for proper scrutiny in consideration in detail, and there is a big risk that while intentions are good, we can have potential unintended consequences.

Now to the mineral resources bill, and on the face of it the objective sounds okay – a trailing liability scheme to make sure the big Latrobe Valley coalmines, Hazelwood, Yallourn and Loy Yang, are properly rehabilitated. However, when you read the detail in this bill it goes much further; it creates a new callback power where the minister can issue remedial directions to former licensees and related entities, potentially years after they have left the site, forcing them to carry out or pay for rehabilitation. This can capture anyone with a significant financial benefit or influence, and yet the government has carefully exempted itself, its agencies, state-owned enterprises and local government. So there is a lot more here that we should have a lot more time to debate.

Lastly, what has been added to this government business program at the last minute is this so-called adult time for violent crime bill: the Justice Legislation Amendment (Community Safety) Bill 2025, which was introduced only last night. This government has no credibility when it comes to fighting crimes, and Victorians cannot trust them when we have had weakened consequences, weakened bail laws, gutting of police and so much more over the last few years.

 Ellen SANDELL (Melbourne) (13:25):(By leave) The Greens will also oppose the government business program as a matter of democracy but also as a matter of principle. Two hours is absolutely not sufficient time for a debate, particularly when on the government business program we have a harmful, panic-fuelled crime bill to put kids through the adult court system and jail them for life, which is being rushed through today with unprecedented speed and lack of consultation. This bill does not warrant urgent passage through this Parliament. There is no justification for bypassing the standard scrutiny and deliberation that every piece of legislation should receive, particularly legislation that is going to fundamentally change the way that kids are dealt with through our court and prison systems. What is being treated as urgent by this Labor government, however, is the Premier’s campaign timetable and her desire to win an election.

As we edge closer to an election, the government – joined, as usual, by the opposition and the headlines in the Herald Sun – are reaching for the same tired, punitive playbook that surfaces every single election time here in Victoria and makes crime a political football, but at whose expense? At our children’s expense, and at the expense of our morals here in Victoria. These changes drag Victoria backwards. They contravene our own Charter of Human Rights and Responsibilities and are irreconcilable with Australia’s international human rights obligations. Under this bill children will be put through the adult court system, where they could face life sentences – children. And we know that these laws will have a disproportionate impact on First Nations children as well as children from other marginalised communities – children who are already over-represented in our prisons because of systemic racism, disadvantage and discrimination.

The thing is, the evidence shows that these punitive, harsher sentences do not even work to keep our community safe – they do not even work – and Labor is doing them anyway. In fact these kinds of punitive laws with harsher sentences just push young people – the evidence shows this – further into reoffending. But Labor does not seem to care about this. They do not seem to care about the evidence or the facts when it comes to these laws. All they care about is getting headlines and panicking in response to a Herald Sun headline so that they can win an election to stay in power – but stay in power for what? If this is what the Labor Party stands for now in Victoria, then heaven help us. If the goal is genuine community safety, then the path forward would not be more punitive sentencing that the evidence shows does not work. The member for Yan Yean, someone who I respect and I have worked with, has said that the Labor Party wants children to ‘have a good future’. But putting them through the adult court system where they will spend 25 years to life in prison – is this a good future for these children? There is some real doublespeak happening when it comes to the Labor Party in Victoria at the moment.

We know that real safety comes from tackling the underlying drivers of youth offending. If we wanted to keep the community safe, we would actually look at the root causes of crime, not just the Herald Sun headlines. We would look at programs that actually keep young people housed, healthy and engaged with school, family and culture. But what has Labor done? The exact opposite. They have cut these programs. They have cut crime prevention programs. They have not looked to Glasgow and the Scottish model that actually halved violent crime.

A member: Yes, we have.

Ellen SANDELL: No, you have invested $5 million in those programs. It does not even make up for the money that the Labor Party has cut when it comes to crime prevention. There is some serious doublespeak happening over that side of the chamber on the Labor benches.

Community safety in Victoria is chronically underfunded, mental health is chronically underfunded, alcohol and drug rehabilitation is chronically underfunded. Public housing is being demolished by this Labor government. But do you know what does get the money? Police and prisons. Police and prisons get money from the Labor Party, but community safety, housing, mental health – no, they are at the bottom of the pile. A good government would choose evidence over fearmongering. Instead, Labor is choosing headlines and fear so they can win the election. Do you know who suffers? It is at the expense of children’s lives, and I think that is an absolute shame from the Labor Party. We will not be supporting the business program.

Assembly divided on motion: