Tuesday, 28 October 2025

 Melina BATH (Eastern Victoria) (22:27): I rise in my adjournment this evening, and it is to the Minister for Treaty and First Peoples. It is a matter of deep cultural significance raised by Kurnai elders of the Kurnai Aboriginal Corporation. We know that the Statewide Treaty Bill 2025 is currently in the house and includes the term ‘Gellung Warl’. This is a Kurnai word for ‘spear’, a sacred symbol of strength and protection in their culture. This term is used without consultation or consent.

The PRESIDENT: I am just a bit concerned about anticipation seeing as we go into the committee stage the day after next.

Melina BATH: On a point of order, President, this is a letter that has gone to the minister, and I am asking the minister to address this letter. It has nothing to do –

The PRESIDENT: Actually, you just mentioned that we are in the middle of debating the treaty bill in your contribution, which concerns me about the anticipation rule.

David Davis: President, further to the point of order, there is a long-established practice that a bill may be in the chamber, but questions could be asked about it when it is not imminently to be debated. We have adjourned the bill to the next day of meeting, which will be either tomorrow night – I suspect not – or will likely be Thursday. It is entirely reasonable that with such a time period it is not to be imminently debated. If it was on the same day, it would be a different matter. The same day usually has been.

The PRESIDENT: I do not think that is correct.

Michael Galea: Further to the point of order, President, I do not think Mr Davis understands that the anticipation rule is in effect, however he tries to spin it.

David Davis: President, further to the point of order, if the anticipation order were interpreted so broadly – if we all have a look at the notice paper there, the thickness of it and the matters in that notice paper – it would cover almost every aspect of government administration. It is not to be imminently debated. That is actually the key point.

The PRESIDENT: That is not the point, and that has never been applied. My concern around anticipation is I think there will be questions in the committee stage, if it starts tomorrow night or the day after.

Melina BATH: This is not a question, it is an action.

The PRESIDENT: It does not matter if it is a question or an action. I think that could be asked during the committee stage. Ms Bath, if you have got a different adjournment that is not in line with the bill that we are debating in the next couple of days, then I can invite you to do that. On Thursday you can come back to this one because the bill will, I assume, be acquitted. I think that might be the best course of action.

Melina BATH: President, I take your advice, but this is a separate matter that includes a separate letter to the minister. I have a separate action that is outside the relevance of the debating of the bill.

The PRESIDENT: Thanks for taking my offer up, and if you have got a different adjournment, I can come to you later.

Sonja Terpstra: Further to the point of order, President, standing order 12.17 states:

A member may not anticipate the discussion of a subject listed on the Notice Paper and expected to be debated on the same or next sitting day. In determining whether a discussion is out of order the President should not prevent incidental reference to a subject.

However, Ms Bath referred to the treaty bill, and that is a matter that is on the notice paper and is being debated today and on the next day of meeting.

The PRESIDENT: The point I was making is this particular issue may not be an action, but there may be questions around this particular issue that Ms Bath flagged. I will call Ms Bath later if she has got a different adjournment, and then on Thursday she will do this one if she is around.

David Davis interjected.

The PRESIDENT: Mr Davis, I am not entertaining anything more, because we will be talking about this forever. There is an hour of government business on Wednesday, and it was adjourned off until the next day of meeting when it was adjourned off, so let us move on.