Thursday, 4 August 2022

Bills

Multicultural Victoria Amendment (Independence) Bill 2022

Introduction and first reading

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (10:04): I move to introduce a bill for an act to amend the Multicultural Victoria Act 2011 to enhance the independence of the Victorian Multicultural Commission and for other purposes, and I move:

That the bill be now read a first time.

Motion agreed to.

Read first time.

Mr DAVIS: I move, by leave:

That the second reading be taken forthwith.

Motion agreed to.

Statement of compatibility

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (10:06): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the Charter), I make this statement of compatibility with respect to the Multicultural Victoria Amendment (Independence) Bill 2022 (the Bill).

In my opinion, the Bill, as introduced to the Legislative Council, is compatible with the human rights protected by the Charter.

David Davis MP

3 March 2022

Second reading

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (10:06): I move:

That the bill be now read a second time.

Victoria’s broad multicultural community has strengthened our economy and social structure and the Victorian Multicultural Commission (VMC), a statutory authority established under the Multicultural Victoria Act 2011, provides advice to government on policies and programs that are relevant to multicultural communities.

As of December 2020, the total population of Victoria was over 6 661 700 people of which close to a third (28 per cent) were born overseas, in more than 200 countries. Nearly half of all Victorians (49 per cent) were born overseas or were born in Australia with at least one parent who was born overseas.

A quarter of Victorians (26 per cent) speak a language other than English at home. Three in five Victorians (59 per cent) followed one of more than 130 different faiths.

Victorians that came from foreign shores strengthened the Victorian economy and enriched Victoria’s cultural life, arts and cuisine.

It is critical that the VMC is able to undertake its work independently, without external pressure through factional or other influences that detract from its ability to give independent advice to government. It is also critical that the grants programs it administers are not used for party political purposes or factional purposes and are beyond reproach and seen to be beyond reproach.

The VMC, established by the 2011 statute, had its operation changed in the period after Labor’s election to government in 2014.

A review of the functioning of the VMC under Daniel Andrews and Labor was conducted in 2015 with subsequent changes which diminished the independence of the VMC, effectively absorbing its operations into the Department of Premier and Cabinet.

Prior to 14 November 2016, the VMC functioned as an independent business unit within the Department of Premier and Cabinet and had its own distinct operational budget. The VMC was also responsible for administering the VMC grants program.

From 14 November 2016, the office of the VMC was merged with the newly formed multicultural affairs and social cohesion (MASC) division within the Department of Premier and Cabinet.

The new MASC division merged the Office of Multicultural Affairs and Citizenship (which supported the minister’s office), the community resilience unit and the office of the VMC into one.

The Andrews Labor government enforced a memorandum of understanding and protocols (MOU) to control how the VMC would be funded and how its functions would be delivered. Under Labor’s MOU:

• The VMC no longer had its own distinct budget, its budget sat within the Department of Premier and Cabinet;

• the resources of the Communications, Corporate and Community Grants and the Community Participation Brach were to provide advice to the VMC in the form of research papers, submissions, event briefings, speeches and community messages and consultations;

• VMC requests were to be commissioned through the office of the VMC director to the relevant MASC or DPC director, and all briefs completed by the MASC must be approved and signed by the relevant MASC director, and where appropriate and previously agreed, by the MASC executive director.

Under Labor’s new arrangements the VMC’s independence—and its operational and budget integrity—was severely compromised.

Following the 2016 review and the introduction of the new arrangements, press stories emerged with commissioners and others expressing concern about the diminished independence of the VMC.

A further review into the governance of the VMC was conducted in 2019.

Key recommendations from the 2019 review to restore greater independence to the VMC were rejected by the Andrews Labor government:

• Recommendation 7, that full autonomy with full functionality be returned to the VMC. This was rejected. Instead, the government retained the integrated 2016 model;

• Recommendation 14, that there be designated staff to serve multicultural communities who associate with the commission and its role as a grant source and representative voice of the multicultural community. This was rejected by government with the government retaining control of grants with the exception of the Chairperson’s grants;

• Recommendation 15, that the Chair’s autonomy as a public service body head in relation to persons employed by the commission be restored, was rejected;

• Recommendation 16, that the autonomy of the commission be restored similar to other statutory bodies, was rejected.

After the 2019 review, a series of public events threw a spotlight on the VMC and the VMC’s grants programs. This included allegations of government interference and allegations about allocation of VMC grants to organisations with links to Labor Party staffers and Labor Party allies.

An Independent Broad-based Anti-corruption Commission (IBAC) investigation ‘Operation Watts’ conducted jointly with the Ombudsman was to investigate amongst other serious matters:

Whether public money granted to community associations by the Victorian government has been misused to fund party-political activities or for other improper purposes and, if so, whether the Ministers or other public officers involved in granting the funds have dishonestly performed their functions as public officers or have knowingly or recklessly breached public trust.

In May 2021 in a letter to the Premier’s office, Kaushaliya Vaghela MLC stated that multicultural grants and board positions were effectively offered as political currency raising concerns about how positions at the Victorian Multicultural Commission were awarded, and that people from the Premier’s Socialist Left faction enticed allies by claiming influence over publicly funded roles.

The Vaghela letter said, ‘The gang says if people do what they say, then in return the gang will advise the Premier or the relevant minister in deciding who should get such roles, in returning favours’.

The July 2022 the Operation Watts joint report by the Independent Broad-based Anti-corruption Commission and the Victorian Ombudsman, Investigation into Allegations of Misuse of Electorate Office and Ministerial Office Staff and Resources for Branch Stacking and Other Party-Related Activities, draws stark attention to the provision of grants inappropriately and improperly to certain community organisations aligned with factions within the Andrews Labor government.

Chapter 6 provides abundant evidence of improper grant allocation processes. Chapter 7, ‘Conclusions and observations’, particularly paragraphs 708 to 722, makes finding, conclusions and observations about grants that would cause a fair-minded member of the community enormous concern. Paragraph 710, for example, deals with evidence and concludes that ‘people in the ML faction … sought to improperly influence the grant process’.

Decisions on grants of public money, and selection to serve on government bodies, including the Victorian Multicultural Commission, should be made on the basis of clear selection criteria, not on the basis of Labor Party alliances.

The Multicultural community in Victoria deserve fair access to grant funding that is genuinely independently determined and untainted access to advocacy leadership roles.

The independence of the VMC and the multicultural grants process must be restored.

This bill amends the Multicultural Victoria Act 2011 to enhance the independence of the Victorian Multicultural Commission.

The independence of the commission is strengthened by the insertion of an independence clause in the objectives of the act.

The bill also amends the act by inserting that a direction must not be given to the commission by the minister or on the minister’s behalf with respect to any grants made by the commission and, further, any ministerial briefings provided to the minister by the commission in relation to any grants made by the commission are for noting only and are not subject to the minister’s approval.

The government in machinery-of-government changes on 1 February 2021 moved the Victorian Multicultural Commission to be a responsibility of the Department of Families, Fairness and Housing.

This effectively downgraded the position of the VMC, which, in the view of the Liberals and Nationals, given the broad economic and social significance of multiculturalism to Victoria, should be located in the Department of Premier and Cabinet: a matter that can be changed by the Premier of the day through alteration of the administrative orders.

If elected, we would make this change, restoring the VMC to a central role in government but with enhanced independence, as proposed in this bill, and with appropriate checks and balances to ensure there is no misuse of VMC grants or inappropriate pressure to misallocate taxpayers money for party political purposes.

In conclusion, enhancing the integrity of the Victorian Multicultural Commission will strengthen multiculturalism in Victoria and ensure that taxpayers money is not misused or wasted on projects for party-political advantage, or to the advantage of one particular Labor Party faction over another.

I commend the bill to the house.

Mr TARLAMIS (South Eastern Metropolitan) (10:15): I move:

That debate on this bill be adjourned for two weeks.

Motion agreed to and debate adjourned for two weeks.