Wednesday, 29 July 2026

 David DAVIS (Southern Metropolitan) (10:08): 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 (Charter), I make this statement of compatibility with respect to the Independent Broad-based Anti-corruption Commission Amendment (Facilitating Timely Reporting) Bill 2026.

In my opinion, the Independent Broad-based Anti-corruption Commission Amendment (Facilitating Timely Reporting) Bill 2026, as introduced to the Legislative Council, is compatible with the human rights protected by the Charter. I base my opinion on the reasons outlined in this statement.

This Bill seeks to ensure the timely tabling of Independent Broad-based Anti-corruption Commission (IBAC) reports in Parliament and to expedite their tabling while preserving relevant protections of the rights of those upon whom IBAC may comment unfavourably.

The Bill preserves the position of the Supreme Court of Victoria while informing the court of Parliament’s view that applications be determined with as much speed as the requirements of the Act and proper consideration of an application permits.

It strikes an appropriate balance in preserving the rights of those on whom adverse comments may be made by IBAC and the risk that legal machinery, shenanigans and roadblocks are used to stymy the release of a critical IBAC report in a timely way thereby allowing corruption to thrive and wrongdoers to escape just exposure by IBAC.

I am confident that this strikes an appropriate balance by ensuring that the Operation Richmond report is not excluded from the Bill but the Bill’s checks and balances and IBAC’s other checks and balances apply to the Operation Richmond report.

It is my view the Bill is compatible with the Charter of Human Rights and Responsibilities Act 2006.

The Hon. David Davis MP

 David DAVIS (Southern Metropolitan) (10:08): I lay on the table a statement of compatibility with the Statewide Treaty Act 2025:

In accordance with s 66 of the Statewide Treaty Act 2025, I table a statement of Treaty compatibility Independent Broad-based Anti-corruption Commission Amendment (Facilitating Timely Reporting) Bill 2026.

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

Independent Broad-based Anti-corruption Commission Amendment (Facilitating Timely Reporting) Bill 2026 seeks to ensure where an Independent Broad-based Anti-corruption Commission (IBAC) investigation has occurred and a report has been prepared, that unreasonable, unnecessary and inappropriate delays through excessive legal steps do not frustrate IBAC’s ability to table a relevant report.

Operation Richmond is such a report and the delays in tabling Operation Sandon are examples of when heavy legal machinery and process unreasonably delayed the tabling of an important report.

Corruption is corruption, it matters not who engages in it. It remains IBAC’s role to root out corruption. IBAC has been nobbled by the Labor Government, through reduced funding and steps to weaken its ability to undertake full investigations. In terms of indigenous Victorians if they have engaged in corrupt conduct, the same rules should apply legitimately as those that apply for non-indigenous Victorians.

This Bill will apply entirely even handedly, giving IBAC the capacity to table reports with appropriate checks and balances and after appropriate process this will apply equally to indigenous and non-indigenous individuals and entities who have been subject to IBAC investigation and potential reporting.

I consider the Bill to therefore be compatible with each of the objects in section 66(3)(d) of the Statewide Treaty Act 2025.

The Hon. David Davis MP

 David DAVIS (Southern Metropolitan) (10:08): I move:

That the bill be now read a second time.

This bill seeks to ensure the timely tabling of Independent Broad-based Anti-corruption Commission reports in Parliament and to expedite their tabling while preserving relevant protections of the rights of those upon whom IBAC may comment unfavourably. It arises because of concerning delays in the tabling of a number of IBAC reports. These reports have been caught up in unnecessary legal delays and roadblocks.

It is in the public interest that these IBAC reports are tabled without undue delay and that any legal processes that result from recommendations are commenced and that any learnings from the report leading to legislative or educational steps are implemented expeditiously.

This Labor government are currently embroiled in numerous inquiries into corruption on their Big Build sites, corruption resulting in the loss of more than $15 billion of taxpayers funds.

It is a matter of common knowledge that the former Premier of Victoria, Daniel Andrews, was questioned by IBAC pursuant to at least three – Operations Watts, Sandon and Richmond – inquiries.

IBAC was created by the Baillieu government to clean up the mess left by Labor prior to 2010.

The whole Victorian community understands the importance of IBAC having the resources and powers, with adequate balance, to manage corruption and root out corruption in Victoria.

It is in the interests of all Victorians that state government corruption, corruption at municipal council level, corruption within state government agencies and corruption more broadly in the Victorian community be met with the strongest response possible, because corruption impacts not only the moral position of public officials but also the public’s trust in government, and it also has a significant adverse economic impact.

IBAC has an important role in educating the Victorian public and sending a clear signal that corrupt conduct will not be tolerated.

The opposition is concerned at delays in the tabling of IBAC reports and has separately made commitments as an opposition to proper funding to the IBAC, and to the Ombudsman.

We have also indicated that independent agencies need to be on a more secure funding footing long term. Of course, adequate funding is just one important factor in enabling IBAC to complete work in a timely manner. We fully accept there are other factors in addition, including legal processes which have induced delays.

In addition to the increased funding already committed to and the more secure funding process, the opposition has also indicated it will restore the previous position with respect to the tests for public hearings, effectively reversing Labor’s recent changes to IBAC legislation.

The bill seeks to expedite legal processes that may otherwise be used to unreasonably obstruct the tabling of an IBAC report by ensuring timeliness is considered.

Clause 4 makes clear Parliament’s intention that the determination of claims through the application of section 59M be determined with as much speed as the requirements of this act and the proper consideration of the application permit.

The Supreme Court must be free to make its decisions unimpeded, but it should be aware of Parliament’s intention that applications be determined with as much speed as is relevant within the requirements of this act.

Similar provisions apply to section 100 and section 147.

Clause 5 provides a three-month time period for a relevant principal officer of a public body or a person subject to a potential adverse comment or opinion in a report by IBAC to respond and enables IBAC to transmit its report to Parliament if such individuals fail to respond.

Clause 6 introduces a new transitional provision that ensures IBAC must give a relevant principal officer of a public body or another person an opportunity to respond to adverse material in a proposed report under section 162 and provides for a three-month period consistent with other changes in this act. This clause also ensures that the Operation Richmond report is not removed from the new arrangements and is consequently subject to the act.

Operation Richmond can only be tabled if it meets the required hurdles for IBAC to table a report. Equally malevolent actors will not have unlimited opportunity to block the release of a report that is damaging to them or their associates.

These provisions strike an appropriate balance in preserving the rights of those on whom adverse comments may be made by IBAC and the risk that legal machinery, shenanigans and roadblocks are used to stymy the release of a critical IBAC report in a timely way, thereby allowing corruption to thrive and wrongdoers to escape exposure by IBAC.

We believe that critical IBAC reports should not be denied to the Parliament and thereby to the people of Victoria in an untimely way.

 Ryan BATCHELOR (Southern Metropolitan) (10:14): I move:

That debate be adjourned for two weeks.

Motion agreed to and debate adjourned for two weeks.