Wednesday, 23 September 2026

 Sarah MANSFIELD (Western Victoria) (10:00): 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 ‘Liability for Climate Change Damage (Make Polluters Pay) Bill 2026’.

In my opinion, the bill, as introduced to the Legislative Council, is compatible with, promotes, and strengthens the human rights protected by the Charter.

I base my opinion on the reasons outlined in this statement.

The main purpose of the bill is to impose liability for climate change damage on certain major emitters of greenhouse gases in Victoria.

The Bill would do this by imposing a new duty of care on major emitters, which would form part of a cause of action in negligence per Part X of the Wrongs Act 1958.

The Bill would not impinge on any of the Charter’s existing rights, while actively strengthening rights such as the:

• Section 9 – Right to life: Section 9 of the Charter means every Victorian has the right to life and the right to not have their life taken. It also requires governments to protect the right to life.

• Section 17 of the Charter protects families and children: Section 17 of the Charter of Human Rights and Responsibilities (the Charter) recognises the family unit as a fundamental part of our society. It also recognises that children may need particular protection, to ensure the way they are treated is in their best interests.

• Section 20 – Property rights: Section 20 of the Charter protects Victorian’s right to not be deprived of your property, including land, possessions and shares.

Therefore, in my opinion this Bill strengthens the Charter. For these reasons I consider that the bill is compatible with the Charter.

 Sarah MANSFIELD (Western Victoria) (10:01): I lay on the table a statement of compatibility with the Statewide Treaty Act 2025:

In my opinion, ‘Liability for Climate Change Damage (Make Polluters Pay) Bill 2026’ is compatible with the matters set out in section 66(3)(d) of the Statewide Treaty Act 2025 (Treaty Act). I base my opinion on the reasons outlined in this statement.

Overview of the Bill

The main purpose of the bill is to impose liability for climate change damage on certain major emitters of greenhouse gases in Victoria.

The Bill would do this by imposing a new duty of care on major emitters, which would form part of a cause of action in negligence per Part X of the Wrongs Act 1958.

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

In my opinion the Bill is compatible with the objects in section 66(3)(d) of the Treaty Act: advancing the inherent rights and self-determination of First Peoples; addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation; and ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples.

The Bill does not establish, remove or alter any rights, functions or institutions specific to First Peoples.

In fact, it would strengthen the rights of First Peoples in a climate crisis to take legal action against major coal and gas polluters, creating avenues for financial damages and/or injunctive relief, such an end to polluting activities.

To the extent that the Bill influences the social determinants of health and community wellbeing, it may support conditions that enable First Peoples to exercise their rights and self-determination more effectively.

For the reasons set out above, in my opinion the Bill is compatible with the objects specified in section 66(3)(d) of the Statewide Treaty Act 2025.

 Sarah MANSFIELD (Western Victoria) (10:01): I move:

That the bill be now read a second time.

I rise in favour of the Liability for Climate Change Damage (Make Polluters Pay) Bill 2026, a Victorian Greens bill to make major emitters liable for the damage caused by climate disasters.

Climate damage is no longer a hypothetical threat in Victoria. It is here, it’s happening right now. We saw it in the Black Summer bushfires of 2019, when the state was blanketed in smoke, entire parts of the country were destroyed, and 3 billion animals were killed.

And we saw it back in January this year, when communities in my electorate of Western Victoria were hit by concurrent bushfires and flash flooding. It was a horrifying, dissociative experience, seeing cars swept out to sea along the Great Ocean Road, while natural habitats went up in flames just up the road in the Otways, and dozens of homes were being engulfed in multiple fires across the state, including in places like Longwood and Harcourt.

As Labor politicians toured the region, offering their sympathies and a splash of recovery funding, none of them wanted to mention that just weeks earlier, back in December 2025, the state and federal governments had put out seven tenders for new oil and gas projects across the Otway and Gippsland Basins. Neither did Labor explain why families were left to fend for themselves, while the coal and gas giants causing the climate crisis are still out opening new projects and making billions in profit.

When the Prime Minister toured Harcourt after the fires, he announced a $20 million support package. Compare that with the $16 billion in subsidies Australia is giving to fossil fuel giants every year – or the hundreds of billions of dollars in profits they make while paying little to no tax. Anthony Albanese has since gone on to fight tooth and nail against a moderate – and incredibly popular – 25 per cent tax on gas exports. Anyone trying to square these priorities need only look at how much those gas companies donate to Labor – and the Liberal–National coalition, and One Nation.

So as Victorians stare down burgeoning energy and insurance bills, and a heating world that has officially missed the 1.5-degree threshold, none of the major parties want to touch the sides of this climate and cost-of-living crisis. They’ve failed to heed the warnings and it’s us – ordinary Victorians – who pay the price. That’s simply not fair. If a company is profiting from making the climate crisis worse, then at a bare minimum they should be legally liable for the damage they’re creating.

This bill will rebalance the scales, by giving people and businesses affected by climate disasters the right to sue coal and gas corporations to pay for the damage these corporations have caused. The Victorian government would also be able to take legal action in their own right or on behalf of people affected by climate disasters.

The main purpose of the bill is to impose liability for climate change damage on certain major emitters of greenhouse gases in Victoria. The bill would do this by imposing a new duty of care on major emitters, which would form part of a cause of action in negligence per part X of the Wrongs Act 1958.

Major emitters of greenhouse gases, including fossil fuel producers and owners or operators of coal-fired power stations, would be liable for climate change damage if their total emissions are greater than 1 million tonnes in any 12-month period that began on or after September 1990.

That was the year the first Intergovernmental Panel on Climate Change report was released – meaning that from at least 1 September 1990, every major emitter should have known about the consequences of their actions.

Courts would have the ability to impose financial damages and/or injunctions on facilities owned by major emitters. Injunctions could force a facility to reduce their emissions, stop emitting entirely and, critically, not go ahead with future polluting activities.

A fundamental injustice of the climate crisis is that the costs will be borne most by those least able to afford it, while coal and gas giants making the crisis worse continue to rake in billions in profits. This bill would go some way to address this injustice.

Of course, no party can claim to have a credible climate policy if they’re still opening up new fossil fuel projects. You can’t put out a fire while also pouring fuel on it. That’s why the Greens are strongly campaigning for an end to coal and gas – and in the meantime, we should tax their profits to pay for the climate adaptation we need, like helping communities recover from fire and floods and building more resilience into our state. We know that we are not ready for the climate change impacts that are already being lived by communities, let alone what has been baked in because of the complicity of governments in perpetuating the burning of fossil fuels.

The Greens have a costed plan to transition out of coal and gas and replace them with publicly owned renewables. This will include a massive program of putting solar on schools, public housing estates, and other government buildings. We also have a plan for getting more renewable energy online faster by fast-tracking planning approvals for wind farms and transmission lines, which are sorely needed in the transition to renewables.

The Victorian Greens will also end the corporate stranglehold we’re seeing in governments by banning donations from fossil fuel corporations. We’ll double the coal and gas royalties and cancel all subsidies and tax exemptions for fossil fuel projects.

By making the big polluters pay their fair share, we’ll deliver grants to Victorian households to make their homes more resilient. These would fund insulation, home solar, batteries, electrification upgrades, EV chargers, electric bikes and other climate solutions.

The Greens will end Labor’s attacks on nature, stop the AI data centre frenzy, and fund adaptation solutions we know Victoria needs. We’ll reverse funding cuts to Parks Victoria and DEECA and create new reserves to protect what’s left of our precious native forests, in partnership with traditional owners.

With this bill, we will be able to make major emitters liable for climate change, empowering the government and Victorians affected by climate disasters to sue the companies responsible for them.

By ending coal and gas, investing in publicly owned renewables, and taxing the big polluters, the Greens know that even in the face of global heating, we can adapt and build a better and safer Victoria – for both people and the planet. I commend the bill to the house.

 Lee TARLAMIS (South-Eastern Metropolitan) (10:07): I move:

That debate be adjourned for two weeks.

Motion agreed to and debate adjourned for two weeks.