Tuesday, 8 September 2026

 Ben CARROLL (Niddrie – Premier) (12:09): I move:

That I introduce a bill for an act to amend the Inquiries Act 2014 to establish a special prosecutor to assist the construction royal commission, to strengthen a royal commission’s power to require information and for other purposes.

Motion agreed to.

 James NEWBURY (Brighton) (12:09): I seek a brief explanation of the bill.

 Ben CARROLL (Niddrie – Premier) (12:09): The Inquiries Amendment (Special Prosecutor) Bill ‍2026 will establish the office of the special prosecutor to work in conjunction with the Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects in Victoria and will strengthen the royal commission’s power to compel the production of information.

Read first time.

Ben CARROLL: Under standing order 61(3)(b), I advise the house that representatives of the other parties and independents have been provided with a copy of the bill and a briefing in accordance with the standing order. I will therefore move the second reading immediately.

 Ben CARROLL (Niddrie – Premier) (12:11): Under the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility:

Opening paragraphs

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 Inquiries Amendment (Special Prosecutor) Bill 2026 (Bill).

In my opinion, the Bill, as introduced to 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

The Bill seeks to amend the Inquiries Act 2014 (Inquiries Act) to establish the Office of the Special Prosecutor, led by an appointed Special Prosecutor, to work cooperatively and in conjunction with the Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects in Victoria (Royal Commission). The Royal Commission was established by the Letters Patent dated 20 August 2026, as published in the Government Gazette on the same date.

The Victorian Government undertakes major public and civil infrastructure projects on behalf of the Victorian Community. It is essential that such projects are conducted with the highest possible level of integrity and have the trust and confidence of the Victorian public. The Royal Commission was established to identify the nature and extent of corruption, criminal conduct and serious misconduct affecting Victorian government-funded construction projects.

A Royal Commission has no power to prosecute or compile a brief of evidence under the Inquiries Act. This is appropriate given the role of a Royal Commission as an inquisitorial forum, rather than adversarial forum with judicial or prosecutorial powers. However, the Royal Commission has the potential to uncover evidence of criminality and corruption.

The Special Prosecutor is intended to work in parallel to the Royal Commission to provide information to Victoria Police, the Independent Broad-based Anti-Corruption Commission (IBAC), regulatory and licensing authorities, or other appropriate Victorian, Interstate, Territory and Commonwealth bodies, and for those entities to consider whether to take relevant actions in accordance with their functions.

The Bill will allow for information to be shared between the Royal Commission and the Special Prosecutor, and between the Special Prosecutor and relevant agencies, for this purpose as well as make other related minor and technical amendments to the Inquiries Act.

Human Rights Issues

In my opinion, the human rights under the Charter engaged by the Bill are the:

• right to freedom from forced work (section 11 of the Charter)

• right to privacy and reputation (section 13 of the Charter)

• right to peaceful assembly and freedom of association (section 16 of the Charter)

For the reasons outlined below, I am of the view that the Bill is compatible with the Charter because, to the extent that some provisions may limit human rights, those limitations are reasonable and demonstrably justified in a free and democratic society.

Right to freedom from forced work

Section 11(2) of the Charter provides that a person must not be made to perform forced or compulsory labour.

The Bill will insert a new power for the Royal Commission to compel a person via a written notice to produce information or a statement in writing to the Royal Commission before a specified time and in a specified manner. This may require the creation of a new document outlining the person’s knowledge or a document containing answers to specific questions.

As individuals will be compelled to prepare these documents or responses by law, it is conceivable that this new power impinges on the right to not be made to perform forced or compulsory labour.

Compulsion powers strengthen a Royal Commission’s ability to be provided with, and consider, the full extent of evidence required to thoroughly investigate the matters it is tasked with under the Letters Patent. Individuals compelled to provide evidence, whether documents already in existence or the creation of new documents, do so in order to ensure that the Royal Commission considers all relevant evidence and information.

It is also arguable that responding to the exercise of a lawful compulsion power under the Bill falls within an exemption provided for by section 11(3)(c) of the Charter which states that forced or compulsory labour does not include work or service that forms part of normal civil obligations. Further, in circumstances where the individual considers that the Royal Commission has arbitrarily issued the notice compelling specified information, thereby impinging on their right to freedom from forced work, section 18 of the Inquiries Act provides an ability for the individual to make a claim to the Royal Commission that they have a reasonable excuse for failing to comply with the notice.

The Bill may engage the right to freedom from forced work; however, in my view any limitation is reasonable and demonstrably justified in accordance with section 7(2) of the Charter.

Right to privacy and reputation

Section 13 of the Charter provides that a person has the right not to have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with, and the right not to have their reputation unlawfully attacked.

The Charter contains internal qualifications on this right, being that interferences with privacy only limit the right if it is unlawful or arbitrary. An interference will generally be lawful where it is precise and appropriately circumscribed and will generally be arbitrary only where it is capricious, unpredictable, unjust, or unreasonable, in the sense of being disproportionate to the legitimate aim being sought.

The Bill establishes the Office of the Special Prosecutor, led by an appointed Special Prosecutor, who will receive information obtained by the Royal Commission under existing provisions in the Inquiries Act. The Bill includes amendments to the Inquiries Act to specify obligations relating to the confidentiality, sharing, and use of information obtained by the Special Prosecutor. The Special Prosecutor will be subject to the existing obligations, restrictions and exemptions that apply to Royal Commissioner officers. This includes subjecting the Special Prosecutor to confidentiality provisions under the Inquiries Act and prohibiting the Special Prosecutor from knowingly disclosing any information acquired during their appointment, except in prescribed circumstances.

The Bill will enable the Royal Commission to disclose to the Office of the Special Prosecutor any acquired information, including information received from regulatory and licensing authorities it considers relevant and appropriate for the performance of the functions of the Special Prosecutor under the Inquiries Act or any other Act.

These amendments will enable regulated flow of information obtained by the Royal Commission to the Special Prosecutor for the purpose of assessing whether it would be appropriate to provide that information to Victoria Police, IBAC, regulatory and licensing authorities, or other appropriate Victorian, Interstate, Territory and Commonwealth bodies, for those entities to consider whether to take relevant actions in accordance with their functions. This is in accordance with the objectives of the Royal Commission as set out in the Letters Patent.

The Bill also includes amendments to the Inquiries Act specifying that any person who receives information from the Special Prosecutor during the Royal Commission’s inquiry, must not take advantage of that information.

Once the Office of the Prosecutor ceases to exist, their records will be transferred to the Department of Premier and Cabinet or any other body determined by the Premier, such as the Department of Government Services. The information must be managed in accordance with existing information, privacy or public record laws. This includes the lawful handling, disclosure or transfer of such information, where appropriate, to the Public Records Office of Victoria.

The information held by the Office of the Special Prosecutor is likely to contain personal and identifying information of individuals involved in Victorian government-funded construction projects, including witnesses and other individuals identified by the evidence obtained and disseminated by the Royal Commission. The information could be damaging to an individual’s reputation where there are allegations of corruption, crime or serious misconduct.

Further, the Bill inserts a new power for a Royal Commission to compel a person via a written notice to produce information or a statement in writing to the Royal Commission before a specified time and in a specified manner. The requested information may contain personal or sensitive information relating to the affairs of the compelled person, which may also be detrimental to their reputation.

However, to the extent that the Bill may interfere with the privacy of persons to whom the information or documents relate, the interference will not be unlawful or arbitrary. The interference will be prescribed by law and only shared for specific and limited purposes, as set out above. Further, the information sharing arrangements for the Construction Royal Commission are for a limited period and purpose. While the proposed compulsion powers will endure beyond the life of the Construction Royal Commission, they will arm this and future Royal Commission with the ability to obtain thorough and fulsome evidence upon which to conduct its inquiry.

Crucially, the sharing of information is necessary to support the Royal Commission’s inquiry and enable the provision of information to relevant bodies for the purpose of identifying the nature and extent of corruption, criminal conduct and serious misconduct in relation to the major construction projects in Victoria. This will help to rebuild trust in the integrity of the major construction sector in Victoria.

The Bill may engage the right to privacy and reputation; however, in my view any limitation is reasonable and demonstrably justified in accordance with section 7(2) of the Charter.

Right to peaceful assembly and freedom of association

Section 16 of the Charter protects the right to gather for a common purpose or to pursue common goals, such as protesting, gathering or meeting, whether in public or in private. This includes forming an industrial or trade union or similar group to protect common interests. The right to peaceful assembly and freedom of association is considered essential for the public expression of a person’s views and opinions.

The Royal Commission will investigate allegations of corruption, criminal conduct and serious misconduct that have been alleged to have occurred in major public and civil construction projections. Such allegations include the manipulation and misuse of contracting arrangements and industrial processes to confer benefits on entities and individuals without legitimate or proper basis, misappropriation and wastage of public funds allocated to the delivery of projects, and the use of violent and intimidatory behaviours.

A wide range of industrial and trade unions have been involved in the development and delivery of Victorian government-funded construction projects. As a part of its inquiry, it is likely that the Royal Commission will investigate the involvement of specific industrial and trade unions. Consequently, information involving relevant industrial and trade unions may be shared with the Special Prosecutor.

It is not intended that the Bill will limit the right of peaceful assembly or freedom of association with particular industrial and trade unions. The Special Prosecutor will have the power to provide information to Victoria Police, IBAC, regulatory and licensing authorities, and other appropriate Victorian, Interstate, Territory and Commonwealth bodies about industrial and trade unions. Any provision of information from the Special Prosecutor, or consequential investigatory, prosecutorial or regulatory action taken, may lead to some individuals being deterred from joining the relevant industrial or trade union. However, such provision of information is necessary to prevent and mitigate the risk of corruption, crime and serious misconduct on major construction projects in the future and in doing so to protect the right to peaceful assembly and freedom of association.

It is for this reason that I consider that the Bill is compatible with the right to peaceful assembly and freedom of association.

Conclusion

Having considered all relevant factors, I am satisfied that the Bill is compatible with the Charter. To the extent that any rights are limited, the limitation is reasonable and able to be justified in a free and democratic society based on human dignity, equality and freedom in accordance with section 7(2) of the Charter.

The Hon. Ben Carroll MP

Premier

 Ben CARROLL (Niddrie – Premier) (12:11): 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 Inquiries Amendment (Special Prosecutor) Bill 2026 (‘the Bill’).

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

Overview of the Bill

3.   The Bill introduces amendments to the Inquiries Act 2014 (Inquiries Act) to establish the Office of the Special Prosecutor to work cooperatively and in conjunction with the Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects in Victoria (Construction Royal Commission).

4.   Proposed amendments to the Inquiries Act will:

4.1. Establish the statutory Office of the Special Prosecutor, led by the Special Prosecutor.

4.2. Prescribe provisions relating to confidentiality, sharing, and use of information obtained by the Special Prosecutor to allow information exchange with the Construction Royal Commission. This includes information acquired by the Commission from Victoria Police, the Independent Broad-based Anti-corruption Commission (IBAC), and other relevant persons or bodies.

4.3. Enable a Royal Commission to compel the production of written information and statements that are not in existence at the time the notice to produce is issued.

4.4. Make minor and technical amendments to the operation of the Inquiries Act.

5.   The Bill will also make necessary consequential amendments to the Inquiries Act, the Integrity Oversight Victoria Act 2011 and the Independent Broad-based Anti-corruption Commission Act 2011.

Consultation with the First Peoples’ Assembly of Gellung Warl

6.   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

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

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

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

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

8.   The amendments do not on their terms deal with First Peoples, nor is it expected that any aspects of the Bill will, in practice, have a differential impact of First Peoples. As explained in the overview, the amendments to the Inquiries Act seek to establish a new Office of the Special Prosecutor to support the Construction Royal Commission, and make other necessary minor and technical amendments. It therefore does not affect the objects of the Statewide Treat Act.

Conclusion

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

The Hon. Ben Carroll MP

Premier

 Ben CARROLL (Niddrie – Premier) (12:12): 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 Bill is an important step towards the Victorian Government’s commitment to upholding integrity and uncovering misconduct in Victoria’s construction industry.

The Bill seeks to amend the Inquiries Act 2014 (Inquiries Act) to establish the Office of the Special Prosecutor, led by an appointed Special Prosecutor, to work cooperatively and in conjunction with the Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects in Victoria (Royal Commission).

The Victorian Government undertakes major public and civil infrastructure projects on behalf of the Victorian Community. It is essential that such projects are conducted with the highest possible level of integrity and have the trust and confidence of the Victorian public. The Royal Commission has been established to identify the nature and extent of corruption, criminal conduct and serious misconduct affecting Victorian government-funded construction projects.

The Royal Commission was established by the Letters Patent dated 20 August 2026, as published in the Government Gazette on the same date. The objectives and Terms of Reference are set out in the Letters Patent.

A Royal Commission has no power to prosecute or compile a brief of evidence under the Inquiries Act. This is appropriate given the role of a Royal Commission as an inquisitorial forum, rather than adversarial forum with judicial or prosecutorial powers. However, the Royal Commission has the potential to uncover evidence of criminality and corruption.

The Special Prosecutor is intended to work in parallel to the Royal Commission to provide information to Victoria Police, the Independent Broad-based Anti-Corruption Commission (IBAC), regulatory and licensing authorities or other appropriate Victorian, Interstate, Territory and Commonwealth bodies to consider relevant actions in accordance with their functions.

The Bill will ensure that there is a dedicated, specialist resource working alongside the Royal Commission, so that when wrongdoing is uncovered, it is investigated and prosecutions pursued.

Given the complexities associated with legislating for a fully empowered Office of the Special Prosecutor, necessary reforms will be undertaken in two tranches. This Bill is tranche one of the reforms to establish the Office of the Special Prosecutor and provides scope for information sharing by and with the Special Prosecutor.

Tranche two of the reforms will be progressed in early 2027 to provide additional powers and functions to the Special Prosecutor, subject to consultation, and may include further information sharing, investigatory, and prosecutorial powers, and to make other consequential amendments as required such as amendments relating to the admissibility of evidence obtained by the Construction Royal Commission in subsequent legal proceedings.

I now turn to the details of the Bill.

Appointment of the Special Prosecutor

The Special Prosecutor will focus on ensuring that appropriate action can be undertaken by relevant law enforcement, integrity and regulatory bodies where evidence passed on from the Royal Commission indicates that further investigation and action could be taken to address instances of criminal or corrupt conduct and serious misconduct. The Special Prosecutor will do this by working in cooperation and collaboration with the Royal Commission to provide relevant information to the appropriate body for them to consider whether to take relevant actions in accordance with their functions.

This Bill provides the legislative vehicle to create the statutory Office of the Special Prosecutor in the Inquiries Act, consisting of one Special Prosecutor appointed by the Governor in Council, on the recommendation of the Premier following consultation with the Construction Royal Commissioner.

The Bill provides that the Special Prosecutor must be an Australian lawyer of at least 8 years’ standing and provides for an initial appointment term of up to two years. This appointment may be extended by up to 12 months by the Governor in Council, on the recommendation of the Premier.

In the event that a Crown Prosecutor is appointed as the Special Prosecutor, the Special Prosecutor will have the right to return to their position as Crown Prosecutor for the remainder of their appointment term once they cease their role as the Special Prosecutor. If a Senior Crown Prosecutor is appointed as the Special Prosecutor, the Special Prosecutor will retain their pension entitlements and any other rights or privileges that the person may be entitled to as a Senior Crown Prosecutor.

To ensure independence of the role, the Special Prosecutor will not be subject to the direction or control of the Premier or any other Minister, in respect of the performance of their duties and functions and the exercise of their power.

The performance by the Special Prosecutor of their functions and the exercise of their powers will be carried out fairly and independently. The Special Prosecutor will remain a ‘public body’ for the purposes of the Independent Broad-based Anti-corruption Commission Act 2011, and therefore subject to oversight by IBAC.

The independence from government is central to public confidence in the Special Prosecutor’s operations, as it will ensure that the performance of their functions is conducted without government influence.

Powers and functions of the Special Prosecutor

The Bill sets out the powers and functions of the Special Prosecutor in accordance with the Royal Commission’s Letters Patent. The Special Prosecutor will have the power to do all things that are necessary or convenient to be done for, or in connection with, or as incidental to, the performance of their duties and functions.

The Bill will enable the Royal Commission to disclose to the Special Prosecutor any acquired information, including information received from regulatory and licensing authorities, it considers relevant and appropriate for the performance of the functions of the Special Prosecutor under the Inquiries Act or any other Act.

Under this Bill, the Special Prosecutor has the function to work cooperatively with the Construction Royal Commission to provide information to Victoria Police, the IBAC, regulatory or licensing authorities and other relevant bodies to consider relevant actions in accordance with their functions. This will streamline appropriate action being taken by relevant bodies where corruption, criminal conduct and serious misconduct is identified and help to rebuild trust in the integrity of the major construction sector in Victoria.

The Bill places important safeguards on the use of the information acquired by the Special Prosecutor. The Special Prosecutor will be subject to the existing obligations, restrictions and exemptions that apply to Royal Commission officers. This includes subjecting the Special Prosecutor to confidentiality provisions under the Inquiries Act and prohibiting the Special Prosecutor from knowingly disclosing any information acquired during their appointment, except in prescribed circumstances.

The Bill also includes amendments to the Inquiries Act specifying that any person who receives information from the Special Prosecutor during the Royal Commission’s inquiry, must not take advantage of that information.

In exercising its powers and functions, the Special Prosecutor will be protected from legal liability, similar to immunities currently provided to Royal Commissioners and staff members of Royal Commissions under the Inquiries Act.

Removal of the Special Prosecutor

The Special Prosecutor may resign from the Office by delivering to the Premier a signed letter of resignation. The Bill also provides that the Governor in Council, on the recommendation of the Premier, will have the authority to remove a person appointed as the Special Prosecutor based on stipulated grounds. This includes the ground of misconduct, neglect of duty, inability to perform the duties of the office, or any other ground on which the Special Prosecutor is unfit to hold office.

During any vacancy in the role, the Governor in Council will be able to appoint a person to act in the Office of the Special Prosecutor on the recommendation of the Premier for a period of up to three months.

The Office of the Special Prosecutor will cease to operate six months following the tabling of the Royal Commission’s final report. This will allow the Special Prosecutor to continue providing information to relevant bodies following the cessation of the Royal Commission, if required.

Power to compel information

The Bill will introduce new powers under the Inquiries Act for a Royal Commission, including the Construction Royal Commission, to compel the provision of information and/or statement. This will broaden existing powers under the Inquiries Act which only allow a Royal Commission to require the production of a document or things in existence at the time the notice to produce is issued.

The proposed amendments in the Bill will enable the Construction Royal Commission, and future Royal Commissions, to compel a person via written notice to give information or a statement, in writing, to the Royal Commission before a specified time and in a specified manner. This is intended to include information created from a person’s knowledge in addition to information held in documents. This reform means that the Royal Commission can gather specific information by requiring a person to respond to questions in writing, to give specific written information and/or give a witness statement relevant to the subject-matter of the inquiry. These processes will ensure that Royal Commissions will be more efficient in gathering evidence. For example, a person can be required to give evidence in writing by responding to specific questions without the need to give oral evidence at a hearing, where the Royal Commission considers this is appropriate. These amendments will endure beyond the life of the Royal Commission and the Office of the Special Prosecutor.

Conclusion

The Bill ensures that the Special Prosecutor is empowered to perform their role and work cooperatively with the Royal Commission. It also provides the Commission with broader powers to acquire information relevant to its inquiry.

The Special Prosecutor will play a key role in increasing confidence in the integrity of the Victorian construction industry, ensuring that relevant information can be provided to appropriate bodies to consider relevant actions in accordance with their functions. The Royal Commission and the Special Prosecutor will represent another important step forward to ensure that the events that led to the Royal Commission can never occur again.

I commend the Bill to the House.

 James NEWBURY (Brighton) (12:12): I move:

That the debate be now adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned until later this day.