Tuesday, 3 February 2026

 Mary-Anne THOMAS (Macedon – Leader of the House, Minister for Health, Minister for Ambulance Services, Minister for Women) (18:40): I move:

That, under standing order 94(2), the orders of the day, government business, relating to the following bills be considered and completed by 5 pm on 5 February 2026:

Justice Legislation Further Amendment (Miscellaneous) Bill 2025

Health Safeguards for People Born with Variations in Sex Characteristics Bill 2025.

This is the first time I have ever delivered a government business program speech at 20 to 7, but nonetheless it has been a different day and a rather sombre start to the 2026 parliamentary sitting, with two very important condolence motions. Again, I just reflect on the many great contributions that were made across the chamber on recognising these significant events – that horrific terrorist attack in Bondi, targeting the Australian Jewish community, and of course the bushfires, which many speakers noted are still going, and it is only the first week of February. These are things that we need to hold in mind as we commence the parliamentary sitting for 2026.

It was also, I might say, rather beautiful to start the parliamentary sitting with a Welcome to Country. Uncle Andrew Gardiner gave a beautiful Welcome to Country today, and I think that reflects changes that we continue to see in the way in which we do our business here in the Parliament, off the back of having reached treaty with our First Nations people. We want to continue to honour these great cultural traditions that are offered as a gift to those of us that are non-Aboriginal people to embrace and accept as we move forward as one.

We have talked about some very difficult periods over summer, but it has also been a busy period, as I think the Deputy Premier noted in a contribution during question time, of delivery. Again, I look around the chamber and I look at my Labor Party colleagues, and I know many of them were out in their community celebrating a range of significant milestones. It was fabulous to be able to join with a number of members here for the opening of Peninsula University Hospital. I note the member for Footscray is in the chamber, and she had a fabulous community open day at Footscray Hospital on the weekend. The Deputy Premier also noted of course that the school year has kicked off, and we are celebrating 100 new schools built by this Labor government.

Because of the need for us to do what Parliament does best, and that is to have those very important condolence motions, we will only be debating two bills this week in the chamber. I did suggest, in the spirit of the beginning of the year, that perhaps the Manager of Opposition Business would see fit to just endorse the government business program. Let us see. It is an offer that remains on the table for the Manager of Opposition Business, because I have already explained why we are debating two bills and they are both really important bills.

I want to talk about my bill, the Health Safeguards for People Born with Variations in Sex Characteristics Bill, and it is important also that I have the Minister for Equality sitting here with me. I will note there has been extensive consultation in the development of this bill, and indeed this is part of our government’s commitment to people born with variations in sex characteristics, which was made a number of years ago through the development of the (i) Am Equal report, which was developed by the Victorian Intersex Expert Advisory Group. It also responds to Equality Australia’s The Missing Voice report, which was released in December last year, in fact here at the Parliament. So this is a very important matter to be debated in this house. I might make the point that this is very uncontroversial, because all we are asking is that people who are born with variations in sex characteristics have autonomy over their own bodies and that where deferrable medical procedures can be deferred they are done so until such a time as that young person, or that person, can consent to it. I am getting excited because it is my bill, so I will halt there; I will not go further.

The second bill is the Justice Legislation Further Amendment (Miscellaneous) Bill 2025. Of course, as the name suggests, a range of matters will be debated. I commend the government business program to the house.

 James NEWBURY (Brighton) (18:46): I think there is a time clock for a reason, Leader of the House, so that we can manage our time, and much like the Leader of the House has mismanaged her time speaking on the government business program, the government have mismanaged their time in this chamber. Of course the coalition will therefore be opposing the government business program, because the government is not able to manage the time of this chamber. We have seen, without reflecting, some changes in the government business program between what was initially put and what we have seen. No reflection, Leader of the House, I say on record because it is worth acknowledging that of course much of today was spent on two extremely important motions that almost the whole house spoke on with heartfelt support. Though points were raised in debate, almost the entire house spoke to the importance of those motions and supported those motions, as well they should at a difficult time for our community.

The government business program, as the Leader of the House acknowledged, includes two bills this week, and without anticipating, just before the government business program was moved, the Attorney-General did move a motion in relation to the scope of one of those bills that will be dealt with throughout, presumably, tomorrow, perhaps – the Justice Legislation Further Amendment (Miscellaneous) Bill 2025. That motion, for the background of the house, without going into the substance of the debate – it is fair to note that the scope of that bill being considered on the government business program will be extended to include a matter relating to the Director of Public Prosecutions. That scope will be extended on that bill, noting that the motion that has been presented from the house exempts everyone under 18 years old, which was not briefed out by the government, and I note that at 6:30 at night that motion did extend the scope of that bill. We will of course be speaking to that bill quite strongly in terms of this matter and the rest of the bill. I can say it is mostly a non-controversial bill and one that should not be otherwise controversial, but this additional matter will require some discussion in the chamber.

The government has also listed the Health Safeguards for People Born with Variations in Sex Characteristics Bill 2025 for consideration on the government business program. As the Leader of the House said, it is an important bill and one that we will debate in the chamber. Both of those bills will be debated throughout the government business program this week.

As I said earlier, though, we have seen today and this evening the mismanagement of time in the chamber. At this point, just for the background of members, I would expect that probably we will see a rising of the house or a move to adjournment around 7:45. I know that lots of members in the chamber are keen to understand where we are on that. But on this government business program, the coalition is concerned and has been concerned for some time about how the house is being managed and the time that is being managed in this chamber. We have seen over recent weeks –

Mary-Anne Thomas interjected.

James NEWBURY: I will not put the Leader of the House’s comments into Hansard, because I think that even she might, on reflection, think about what was just said and realise how petty that was. The coalition cannot support the government business program while it does not have a clear plan and one that properly manages the time of this chamber, so we will be opposing it.

 Lauren KATHAGE (Yan Yean) (18:51): I rise in support of the government business program, which started with some very important activity this morning. For me, I can say, unlike those opposite, who characterise it as a mismanagement of time, my time could not be better spent than to acknowledge the loss and suffering of people in our communities impacted by fire, to acknowledge the suffering of the Jewish community in Australia who were subject to the most horrific attack. How could those opposite say for this place, on behalf of all Victorians, to acknowledge that pain is a mismanagement of time?

James Newbury: On a point of order, Deputy Speaker, I literally just said the opposite. On relevance, the member should not misconstrue things that have been said in this chamber.

The DEPUTY SPEAKER: That is not a point of order. The member has the call to continue on the government business program.

Lauren KATHAGE: I will continue to use my time to support my community, and this government will continue to use its time to support all Victorians. In fact that is what this government business program does. It is about giving a voice to people. We are there with people who need a voice, and we are going to make sure that they can have their say and have their rights protected. We see that in the Justice Legislation Further Amendment (Miscellaneous) Bill 2025, which is before the house this week. It seeks to give voice to people who have been put under suppression orders for family and sexual violence, people who have not been able to have the opportunity to tell their story – and not just for their benefit, because that is not how it works; people want to share their story for the benefit of the broader community. They have a right to tell their story. This legislation supports victim-survivors who are going on a journey, who have been through difficult times, and we are there with them looking for ways to support them.

Similarly, the Health Safeguards for People Born with Variations in Sex Characteristics Bill 2025 seeks to give a voice to people who probably cannot speak yet: babies and young children that are born with variations in sex characteristics. This bill is protecting them from harm that can come from misunderstanding, from perceptions, from old ways of thinking, and acknowledging that we would be taking away a choice from the baby, from the child, from their families. So it is right that the Minister for Health is proud and wants to speak about this legislation because it is really important. It is important, and the issue is one that I became more aware of in my workplace, working with somebody for whom this was an issue. It was through them sharing their story and speaking with me that I know how deeply and permanently this legislation will improve lives of Victorians, keeping people safe from harm, giving people a voice and giving families choices.

That is why I say that the government business program this week is clearly that of a Labor government, because we are focused on the people who need us. We are not focused on ourselves. We are spending our time supporting communities in Victoria who have been through the very worst, and we are protecting Victorians from going through the worst in the future. That is an eminently good use of time. Any references we have heard from those opposite about us being petty – perhaps there was something more important that the member opposite wanted to be talking about today, but I cannot think of anything. It was important for us to spend time thinking of our communities and thanking them for what they have been through with the fires and what they have been through with the horrific antisemitic attack.

 Jade BENHAM (Mildura) (18:56): I support the Manager of Opposition Business, obviously, in opposing this government business program, but I am not opposed to the motions that we heard earlier today. I do want to congratulate very enthusiastically my dear friend and colleague the member for Euroa, not only for her contribution today and being able to get through that but for the work she has done since the Longwood bushfires and continues to do. Now that she has finally got a break, she is exhausted. So I wanted to congratulate her on being able to stand in this place and take part in that bushfire condolence motion.

I did only hear once, though, during that motion any mention of the bushfires up our way thanks to the Leader of the Opposition – sorry, the Leader of the Nationals. The member for Lowan also made mention of that. But we did have 70,000 hectares burnt. In fact we have had a number of fires since December. There was one in December. The Charlton CFA have been overworked, and they are still using their station that was built in 1931, which their tanker does not fit in. I called in there on Monday. They had a bushfire themselves on 18 December, and they are unable to access any assistance. That municipality is also still waiting on drought recovery money. This is a municipality, a local government area, that is large in geography but small in population and rate base, so any hold-up or inability to qualify for that kind of assistance from the state government really hits this community hard. And to be still waiting on flood recovery money is putting the entire council – the mayor and councillors – under enormous pressure.

I do think that the bushfire motion and of course the motion for Bondi today were appropriate. What I do not think is appropriate, though, are the bills that we have seen the government put forth today, the weakness in the legislative agenda and the poor time management in this place. This is something that we continue to see. As the Manager for Opposition Business has pointed out, and rightly so, we are big fans of managing things in an efficient way on this side of the house. That goes for budgets and that goes for time management and being productive. There are, with another interest rate rise today, Victorian families and in fact families all over Australia who are going to continue – even more so now – to feel the pressures of the cost of living, which is just trying to make ends meet in this state. It is getting harder and harder. There is nothing on the on the agenda this week that might help to ease that.

When I saw the Justice Legislation Further Amendment (Miscellaneous) Bill 2025, though, I thought, ‘Oh, hello – crime.’ We might actually toughen up those tough bail laws, given that we have seen – and I spoke about this late last year in this place – an alleged criminal, no other way to put it, that went on a crime spree in Mildura, stabbing two retail workers. This was during the debate on the Crimes Amendment (Retail, Fast Food, Hospitality and Transport Worker Harm) Bill 2025. They stabbed two retail workers, were bailed the first time, did not comply with bail conditions and were bailed again to appear on 28 January. Guess what, bailed again. So when I saw the justice legislation further amendment bill come up on the government business program, I thought, ‘We might have something here.’ Then I read the report, and there is nothing to help members in my community.

Business interrupted under sessional orders.

Mary-Anne THOMAS: I move:

That the sitting be continued.

Motion agreed to.

Jade BENHAM: With my last minute, as we saw in question time, in the words of some of the greatest poets of our generation, ‘Welcome to the circus.’ Here we are once again. Honestly, I would have thought for the first session back we would have been able to manage our time much better.

Mary-Anne Thomas: On a point of order, Deputy Speaker, on the first session back, the first government business program debate, I ask that you counsel the member for Mildura to come back to the government business program. She has been wideranging in her contributions, very few of which have any reference to the government business program.

The DEPUTY SPEAKER: The member to continue on the government business program.

Jade BENHAM: Many have tried to counsel me in the past, Leader of the House; none thus far have been successful. But I am still a great believer in law, order and good management, none of which we are getting from this Labor government.

 Michaela SETTLE (Eureka) (19:01): I want to rise proudly to commend the government business program, but instead I find myself utterly mortified by the contributions from the other side. They have the audacity to talk about wasting time or time management, yet in the previous contribution we heard not one single word about the government business program. In fact the member for Mildura talked about the weakness of this program. Can we just have a look at what is on this program? Let us think about the people that stand behind the legislation that we are proposing.

On this side of the house we are focused on Victorians. We are focused on making their lives better, safer and easier. Those on the other side have openly said that they are objecting to this incredibly important program simply around some notion of mismanagement of time. Others before me have highlighted the fact that ‘mismanagement of time’ seems to allude to the condolence motions, but I will not go there. What I am really upset about is that they would rather talk about mismanagement of time and slow down the progress of these bills, because behind the government business program is a government that thinks about people. We are there to support people.

Let us have a look at what they are objecting to. They are objecting to the Justice Legislation Further Amendment (Miscellaneous) Bill 2025. Yes, it is a miscellaneous bill, and there are a variety of elements to this bill. What is incredibly important in this bill is the work around the Drug Courts: the County Court Drug and Alcohol Treatment Court. We need to extend those provisions. I will highlight that this wonderful institution, which provides consequences to people who are in court over drug use, also, importantly, provides ways forward for them to go back into the community. That is what Labor governments believe in. We believe in the safety of our community, and we believe in helping people to contribute to that community.

The Drug Courts were first established under a Labor government in 2002, the first in Dandenong. In 2020 it became a whole part of the County Court. It is incredibly important. I have seen it at work in Ballarat, and it is there to support people in our communities.

Emma Kealy: On a point of order, Deputy Speaker, it is a narrow debate, and not on the legislation but on the business program.

The DEPUTY SPEAKER: I was listening to the member for Eureka. There is context on past legislation, but I counsel the member not to be debating the bill.

Michaela SETTLE: I do not seek to debate the question. I guess what I am here to say is that the content of this program is incredibly important. For those on the other side to object to it – the words were simply ‘a mismanagement of time’. I would ask those on the other side to tell the people that would be protected by this bill, those people that front the Drug Court, but also the people that have been born with variations in sex characteristics. This legislation is incredibly important to those people, and for those on the other side to again be focused on games of politics – talk about mismanagement of time. We will now go to a vote. We will waste yet more time just so that they can grandstand.

While that is happening, people in Victoria who need our care, need our protection and need our leadership are being ignored by those on the other side. They describe these bills as weak. The member for Mildura said that this agenda was weak. She said they were weak. These bills are about Victorian people that we are focused on, Victorian people that we will stand by and protect. We want to create legislation that supports those people in the community. Those on the other side want to play political games. They want to talk about weaknesses and mismanagement of time while there are people out there that have been born with a variation in their sex that need our support and need our help. Only a Labor government will give it to them.

 Roma BRITNELL (South-West Coast) (19:06): I am pleased to rise for the first time in the chamber for 2026 and welcome everyone back. I look forward to a very productive year ahead. I rise to speak on the government business program, which today started with the condolence motions, during which my colleagues spent a considerable time doing honour to the people of Bondi who lost their lives and also to the communities who have been suffering through the bushfires that are already upon us in January, which is so early in the season, and have gone through such a challenging time. As the member for South-West Coast, we have been subjected to the conditions, but I am very pleased that we have not actually suffered extensive bushfires like my counterparts here, particularly the member for Polwarth, who is my neighbour and has the bushfires in the Otway region, and of course my colleagues in the north who have gone through such terrible times.

But I am really very proud of the community of South-West Coast, because we have had our fair share of tragedy when it comes to bushfires. Not so long ago we had the St Patrick’s Day fires and of course Ash Wednesday and Black Saturday and many other times in between. We certainly understand the tragedy that goes with events like fires, but nothing could make me more impressed than what I saw on Saturday morning when a convoy of trucks gathered in the early hours – half past 6 in the morning ‍– to take hay and supplies to the Alexandra area where they were desperately needing our help.

Fifty trucks left from Allansford at Eddie White’s property; his family hosted and organised the majority of that convoy. It was just incredible to see the farmers and the truck drivers and the community members who have seen this, like I said, too many times in the past just get organised and get the hay together and send it up north – 50 trucks. The week before, 70 went from the whole of Victoria that was not affected, and our region got 50 organised as well. For the last two years we have been through incredible drought conditions, and it is not over yet. For those farmers who just had a window of a spring to get a little bit of hay and silage behind them, to give away so much of it is extraordinary. Thirteen trucks came from the Glenelg area. Dale Clark organised that, and Russell Cummings, one of our farmers and truck drivers, was very involved. So were many other farmers – farmers like Trevor Fry. He knows only too well – he runs a trucking business and a farming operation ‍– how challenging it has been, particularly throughout this drought. But they just got organised and gave when they really have not got much to give, given the challenge of the drought is still upon us, and the costs will go on for a long time. If we do not get an autumn break, we are in real trouble. Also Ron Jelbart was there. Ron was very affected by the St Patrick’s Day fires, which were eight years ago, but it feels like yesterday. The trauma of that fire on families like the Jelbart family was felt. Ron said to me that day, ‘It’s so much easier to give hay than it is to receive it.’

I want to just note the generosity, the goodwill and the incredible community that we have, who all pulled together, and the many others that I have not named that have quietly gone on, and all those truck drivers who worked all week but gave up their weekend, put forward their trucks, put forward their time and convoyed up to the north of the state to Yea, to Alexandra, to all the areas that were affected, to give hay. Thank you to the community of South-West Coast. You are an honour to serve, because I represent an incredible part of the world. I could not be more proud of the people there that I represent.

It is for those people that I represent that I should be standing in this place and able to say, ‘I’ve been able to consult about the business program,’ but it gets so pulled from pillar to post because this government is so tired, so arrogant and so disorganised. We had three bills we were debating this week, but just last night they pulled a bill because they did not understand that the condolence motion would take a long time, as it should. We are not seeing things like the child protection bill, which I was hoping to speak on because our children in the child protection system are so vulnerable and so poorly managed by this government that it is important to improve things. I was actually looking forward to a bill that may do that, but this government did not see it as important enough and pulled it from the program. How disappointing that we have bills that the government just tell us they are going to debate but our community does not get that honour to be able to be represented.

Assembly divided on motion:

James Newbury: On a point of order, Speaker, I am deeply concerned that on a day when we moved an important motion on Bondi in this chamber, the front steps of Parliament are now covered with extremely antisemitic graffiti – many, many times across the steps of Parliament. People are sending me photographs right now. It is shameful, and it unfortunately shows that antisemitism is too alive on our streets.

The SPEAKER: The matter is one that will be raised with security.