Wednesday, 13 May 2026

 Anthony CARBINES (Ivanhoe – Leader of the House, Minister for Police, Minister for Community Safety, Minister for Victims, Minister for Racing) (10:18): Under the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (Charter), I make this Statement of Compatibility with respect to the Victoria Police Amendment (Police Reservists) Bill ‍2026 (Bill).

In my opinion, the Bill, as introduced in the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

The Victoria Police Amendment (Police Reservists) Bill 2026 includes reforms to establish a modern police reservist framework that enhances operational flexibility and Victoria Police frontline workforce capacity. The Bill reinstates the Chief Commissioner of Police’s (CCP) power to appoint reservists and makes supporting and consequential amendments to enable the effective operation of the reservist scheme.

Human rights issues

Human rights protected by the Charter that are relevant to the Bill

In my opinion, the human rights protected by the Charter that are relevant to the Bill are –

a. The right to privacy and reputation (section 13); and

b. The right to property (section 20).

For the reasons outlined below, I am of the view that the Bill is compatible with each of these human rights.

The right to privacy and reputation (section 13)

Section 13(a) of the Charter provides that a person has the right not to have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with. The proposed amendments in the Bill empowering police reservists to perform support functions may engage this right.

An interference with the right to privacy and reputation is justified if it is both lawful and not arbitrary. An interference will be lawful if it is permitted by law which is precise and appropriately circumscribed and will be arbitrary only if it is capricious, unpredictable, unjust or unreasonable, in the sense of being disproportionate to the legitimate aim sought.

Proposed amendments

The Bill engages the right to privacy as this reform allows police reservists in the course of their duties, to perform administrative and support tasks including asking members of the public to provide personal information such as their names and address as well as making initial inquiries in supporting investigations. However, the Bill does not provide an express statutory power for police reservists to request this information, nor does it establish an offence for failing to provide such information. Therefore, there is no compulsion for a person to provide their personal information and if a person does not wish to provide their personal information, they may elect to leave the police premises or cease the communication with the police reservist.

In my opinion the Bill is consistent with the right to privacy and reputation.

Property rights (section 20)

Section 20 of the Charter provides that a person must not be deprived of their property other than in accordance with law. This right requires that powers which authorise the deprivation of property are conferred by legislation or common law, are confined and structured rather than unclear, are accessible to the public, and are formulated precisely.

The right to property under section 20 of the Charter will be limited when all three of the following criteria are met: the interest interfered with must be “property”, the interference must amount to a “deprivation” of property, and the deprivation must not be “in accordance with law”.

Proposed amendments

To the extent that police reservists, once appointed, may be involved in receiving property and exhibits seizure or the handling of property in the course of performing their support functions, this right may be engaged.

However, the Bill does not confer any new powers to seize or otherwise interfere with property. Accordingly, the Bill does not limit property rights protected by section 20 of the Charter.

Conclusion

I consider that the Bill is compatible with the Charter because no human rights are limited by the provisions in this Bill.

The Hon. Anthony Carbines MP

Minister for Police

Minister for Community Safety

Minister for Victims

Minister for Racing

Leader of the House

 Anthony CARBINES (Ivanhoe – Leader of the House, Minister for Police, Minister for Community Safety, Minister for Victims, Minister for Racing) (10:18): 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. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

1.   The Victoria Police Amendment (Police Reservists) Bill 2026 includes reforms to establish a modern police reservist framework that enhances operational flexibility and Victoria Police frontline workforce capacity. The Bill reinstates the Chief Commissioner of Police’s (CCP) power to appoint reservists and makes supporting and consequential amendments to enable the effective operation of the reservist scheme.

Consultation with the First Peoples’ Assembly of Gellung Warl

2.   Due to the recent establishment of the First Peoples’ Assembly of Gellung Warl, it was not possible to give the First Peoples’ Assembly the opportunity to advise on the Bill or for them to otherwise make representations about the effect of the Bill on First Peoples.

Compatibility of the Bill with each of the objects in section 66(3)(d) of the Statewide Treaty Act 2025

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

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

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

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

4.   In considering the compatibility of this Bill, I have considered the effects of the criminal justice system on First Peoples, which may result in the unequal enjoyment of human rights and fundamental freedoms by First Peoples as compared to other Victorians. For example, despite efforts under the Closing the Gap National Agreement and related efforts under the Aboriginal Justice Agreement, First Peoples remain significantly overrepresented across the criminal justice system. The Yoorrook Justice Commission’s Yoorrook for Justice report found this was in part driven by a ‘pattern of systemically racist policing’ noting that while this ‘does not characterise the whole of policing in Victoria, it is widespread and ingrained’. To address any unequal enjoyment of rights that result from the disproportionate effects of the criminal justice system on First Peoples in progressing any policing reforms the government has regard to the role of policing in driving contact with the justice system. This requires a continued focus on working closely with First Peoples communities to ensure appropriate recruitment, training and standards to improve cultural capability throughout Victoria Police.

5.   Having regard to these considerations, I have considered whether the reforms in this Bill compound the effects set out above and increase unequal enjoyment of rights for First Peoples, and I have formed the view that they do not. The reforms in this Bill are constrained to addressing police resourcing allocations, rather than the training and capability of the police workforce and its related impact on overrepresentation. The proposed scheme will involve the recruitment of reservists performing support and administrative tasks rather than frontline functions.

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

The Hon. Anthony Carbines MP

Minister for Police

Minister for Community Safety

Minister for Victims

Minister for Racing

Leader of the House

 Anthony CARBINES (Ivanhoe – Leader of the House, Minister for Police, Minister for Community Safety, Minister for Victims, Minister for Racing) (10:19): 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 Victorian Government is committed to continuing to support Victoria Police to effectively and efficiently perform its duties and protect our community.

The Victoria Police Amendment (Police Reservists) Bill 2026 introduces reforms under the Police portfolio to enhance Victoria Police frontline capacity by introducing a police reservist scheme.

These reforms are aimed at addressing the administrative burdens that impact frontline policing capacity. Police officers are often taken away from frontline duties to undertake non-operational duties including responding to public enquiries and other administrative tasks. These tasks are important and necessary to ensure the proper functioning of Victoria Police, however, they do not need to be undertaken by police officers who could be otherwise used to prevent and respond to crime in our community.

The introduction of a police reservist scheme will provide an additional pool of resources to complete non-operational duties. By introducing this scheme, Victoria Police will have access to an operationally-trained workforce that can appropriately support the delivery of policing services. This means that more police officers will be out patrolling the streets and responding to the needs of the community, rather than sitting behind desks.

Further, the presence of uniformed police reservists at police stations performing non-operational work will also enhance community confidence.

This is not a new scheme. A previous police reservist scheme existed under the former Police Regulation Act ‍1958 (PR Act). There are also provisions in the Victoria Police Act 2013 to manage existing police reservists. We know that employing police reservists to perform administrative duties works to ease pressure on frontline police officers. That is why we need to reintroduce the power of the Chief Commissioner of Police to appoint new reservists.

I turn now to the detail of the reforms in the Bill.

The Victoria Police Amendment (Police Reservists) Bill 2026 will empower the Chief Commissioner of Police to appoint police reservists as considered necessary to perform non-operational duties in support of sworn police officers.

When on duty, police reservists will have the general duties and powers of a constable at common law and may perform non-operational duties such as, but not limited to, tasks to support commencement of an investigation, assisting with public enquiries and other front counter duties at police stations such as taking crime reports at the front counter or over the phone.

Police reservists will perform their functions under the direction or control of the Chief Commissioner of Police, or any other police officer or reservist determined by the Chief Commissioner.

The legislative scheme allows for the making of regulations to prescribe criteria for the appointment of police reservists. It is anticipated that criteria that will be prescribed will include that for a person to be employed as a police reservist, they must have been a former police officer with a minimum of 2 years’ cumulative service in a police force. However, becoming a police reservist will not be solely limited to former members of Victoria Police. Police officers who have served in other jurisdictions can be appointed as a police reservist, if they meet the other required criteria.

Further proposed criteria include that the person is of good character and reputation and that the person is a citizen or permanent resident of Australia. It is also intended that prospective police reservists will have to complete a medical examination to the satisfaction of a registered medical practitioner nominated by the Chief Commissioner of Police and meet requirements for general intelligence and physical fitness.

Police reservists will be able to be appointed on a part-time, full-time, fixed-term or ongoing basis.

An example of a person who may become a police reservist is a police officer who may have instead considered retirement due to the strenuous impacts of frontline duties. Following this example, the police reservist scheme means keeping the knowledge and wisdom of experienced police officers within Victoria Police for longer.

The Chief Commissioner will have the power to require police reservists to attend training as and when deemed necessary. The Chief Commissioner will also have the power to suspend or terminate the appointment of a police reservist at any time.

I commend the Bill to the House.

 James NEWBURY (Brighton) (10:19): I move:

That the debate be adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned for two weeks. Debate adjourned until Wednesday 27 May.