Wednesday, 27 November 2024

Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Bill 2024

Second reading

Debate resumed on motion of Natalie Hutchins:

That this bill be now read a second time.

Tim McCURDY (Ovens Valley) (11:14): I am delighted to rise and lead this debate on the Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Bill 2024, which was introduced on the back of two recommendations from the Yoorrook Justice Commission, recommendation 2 of Yoorrook with Purpose 2022 and recommendation 45 of Yoorrook for Justice 2023.

While it is a relatively small bill, it is my strong belief that it will make changes, and it seeks to make changes that will have huge implications for every single Victorian, effectively creating two classes of citizen – ‘One rule for thee and another for me,’ to paraphrase a well-known saying.

It would, ironically, create rules that discriminate based on race and give special privileges to Indigenous Australians without extending the same protections to the non-Indigenous contributors to the Yoorrook Justice Commission, and I do not think Victoria should be going down this path. I note that under sections 9 and 10 of the Public Records Act 1973 a witness or the commission can request that a document be declared sensitive and have it sealed, thus effectively achieving the same outcomes without discriminating based on race.

That being said, I will focus on a few of the specifics of the bill. First of all, new section 52B, pertaining to the Yoorrook Justice Commission record closure orders, empowers the justice commission to issue orders to close records to public inspection for up to 99 years, and that is where the concern is. Secondly, it applies exclusively to evidence provided by Aboriginal individuals. This is not right, and I think we are going down the wrong track. New section 52C allows the commission to restrict access to certain records. It also has restriction conditions, which include viewing at designated locations, prohibition on copying or photocopying and restriction on sharing copies. New section 52C, in terms of conditions for access, specifies that restricted records may be accessed only by designated personnel or oversight entities for purposes specified by the commission, such as maintenance or preservation.

Moving to new section 53, in terms of transfer and custody of records, this new section provides the process for transferring records to the Department of Premier and Cabinet and the Public Record Office Victoria and also requires custodians to comply with closure or restriction orders. New section 52E in terms of access by authors ensures that individuals who provided evidence retain full access to their records. New section 52A, in terms of definitions, provides that closure or restriction orders cannot be applied to evidence provided on behalf of organisations or associations.

In section 9 compliance with commission orders requires the keeper of public records to manage records according to closure or restriction orders. Section 10 permits access for archival preservation, legal obligations and specific purposes outlined by the commission. New sections 52B and 52C in terms of duration of orders specify that closure and restriction orders can last up to 99 years. There is a repeal clause. It states that the act will be repealed one year after commencement, clarifies that amendments to other legislation remain in effect and exempts restricted records from FOI requests during that 99-year period.

In order to understand the introduction of this bill we must look at the context that surrounds it. In 2021 the Victorian government launched the Yoorrook Justice Commission with the intention of truth-telling. Fittingly, ‘Yoorrook’ means ‘truth’ in the Wemba Wemba language, that of the First Nations people in north-western Victoria. As part of that process there have been many challenges, revelations and stories shared by various individuals and groups. The history of Indigenous relations in Victoria has been mixed, and many acts have been carried out in the name of the state which have resulted in much trauma for these communities, and we acknowledge that.

Once again we reiterate the importance of working with our Indigenous communities to provide better opportunities and outcomes by closing the gap in education, health and justice standards and ensuring that the future is bright and constructive. In order to achieve this future we must look at solutions and achieve real change and real action in Indigenous communities. And we know that one set of rules for one racial group, despite good intentions, can very, very quickly lead to a slippery slope of having two classes of people, two justice systems and two sets of standards. We are all Victorians, we are all Australians, and despite the disadvantages and the trauma of the past, we must continue to work together to achieve change, not separate ourselves based on race.

It is only through a diverse range of experience, opinions and perspectives that meaningful change can occur, and indeed many Indigenous experts have concerns about operating a system with two sets of rules, such as Indigenous affairs academic and commentator Anthony Dillon, who was quoted in the Herald Sun in September last year as saying that insisting on Indigenous people providing services for Indigenous people would lead to separatism. He also said:

Separate development and focusing on differences is never the solution – it is the problem…

I think Mr Dillon is right. In order to achieve long-lasting and effective change we must acknowledge that we are all Victorians, that we are all equal before the law and that we all share the same rights. This bill would take a step in the wrong direction. It would seek to shut down transparency and integrity in this process.

As I mentioned before Yoorrook means ‘truth’ in Wemba Wemba, and the only way the truth can lead to effective change is if it is open and transparent. There is no point hiding away the truth, as this bill seeks to do, for 99 years, removing the right for anyone to scrutinise or access testimony that may lead to and form the basis of Labor’s planned treaty. This is undemocratic and against everything the Westminster system of democracy stands for. The government should be open and transparent and allow the people to see what has shaped it and what has shaped decisions and allow them to be open for criticism.

The current process requires the royal commission to transfer records to the Department of Premier and Cabinet upon the conclusion of any inquiry. DPC is then required to transfer them to the Public Record Office Victoria. These records are subject to the Freedom of Information Act 1982, as all records in Victoria are, including cabinet documents, to a certain extent. This bill would seek to exempt those records about First Nations people from any and all FOI considerations for a period of up 99 years, when most of us will certainly have left this world, leaving the important role of scrutiny once again in tatters.

It is important to ask the government whether the courts have any powers to obtain or demand the release of these records. Hopefully that will come out in the debate. If not and even our court system cannot access these documents – only First Nations people can control their release and access – we face a very real risk of an abuse of process and the continued degradation of transparency in Victoria under this government. Whilst it is important that we are culturally sensitive and aware of Indigenous customs, particularly around important and traumatic evidence and submissions, we should hold each report equally before the law.

Looking further at the government’s justification for this bill, there is also the principle of Indigenous data sovereignty, or IDS, which seeks to remedy government methods of holding Indigenous peoples’ records and assert the sovereignty of First People over their own information. So I ask: why does the government only extend this offer of sovereignty over one’s own information to First Nations people? Why is their information their remit but the information of any other Victorians the remit of the government? The IDS principle is an extremist agenda and is pushing Victoria to a two-class state.

On the Australian Institute of Aboriginal and Torres Strait Islander Studies webpage for the IDS publication it says the IDS is built around two central mechanisms, with the first being:

… the rights of Indigenous nations over data about them, regardless of where it is held and by whom …

It begs the question: if an independent business commissions a consumer survey or Newspoll or RedBridge conduct polling on Indigenous issues, are they not the owners of the results? Does the ABS have the rights to census data in Indigenous communities? Under the IDS principle it would seem that even a company that spends its own money for whatever purpose on data collection does not own the rights to that data. They have no control over whether they will be able to use it or publish the said data without prior approval of the relevant First Nations people. It goes very strongly against the principle that if someone has paid for something then they own it, whether it be either goods or services. If a private company has paid for that data and legitimately obtained it, what right does one specific group of Australians or Victorians have to tell them how to use it? And do non-Indigenous Australians also have this right of sovereignty over any and all data related to them or their people regardless of where it is held and by whom?

It is alarming to me that the government should choose such a radical principle to base these reforms on. I would argue that given that taxpayers paid for this royal commission, they should also be given a right to say how the information is used and have the ability to access it.

As highlighted before, the legislation will continue to decrease transparency in Victoria and reduce the ability of the government to be held to account. I know in the statement of compatibility it states:

This balanced approach ensures the protection of First Peoples confidential information while still enabling the Commission to establish an official record of the impact of colonisation on First Peoples in Victoria …

This statement implies several things. One is that our current Freedom of Information Act 1982 is not sufficient – it is formed to protect confidential information though redaction – and secondly that the official record of the impacts of colonisation will be unable to be fairly viewed and challenged where necessary. We know that often the truth lies in the midpoint of opposing accounts, so by refusing to provide one set of accounts which are formulating the official impact of colonisation we are unable to accurately assess these claims and ensure that they portray an accurate understanding of the impacts. If the government were to allow personal stories to be de-identified, it would allow for a more transparent understanding and assessment of colonisation without naming individuals and bringing up past traumas. This would also ensure that the public has a full idea and full understanding of what helped shape the commission’s findings and reports rather than locking up information for a century whilst making important decisions for change based on evidence and reports that we are not allowed to see.

In concluding my remarks I once again want to reiterate our concerns with this bill: the simple fact that the IDS principle will see Victorians split into two classes based on race, with one class afforded more protections and rights than the other. Yes, there has been discrimination and disadvantage in the past, but the way forward is not by discrimination and disadvantaging others – it is by raising everyone up to the same standard regardless of the colour of their skin. Yes, more work needs to be done to close the gap – we acknowledge that – to raise Indigenous Victorians up to the same standard, but it is not through this bill and it is not through the creation of a separate order based on race. It is though investing in important things such as housing, education and health care in the most isolated areas.

Victorians strive for transparency in government and integrity in service, and this bill seeks to block both of these in the name of truth. Surely truth should be open to all people. It should be open to review so that it stands the test it is put under. Truth should be available to all Victorians, not locked away for 99 years. The Liberals and Nationals will oppose this bill and any bills that are attempts by Labor to implement separate rules on race. We seek to unite Victorians as one people, not separate them and sow division, as Labor does. Those opposite need to listen to others and in fact take the time to listen to the entire Victorian community. Stop seeking to demonise and divide us, because we do not support of believe in separate rights for different people. It is time the government stopped playing games with identity politics and started investing in real, substantial change. Dividing communities and dividing race and religion is unacceptable, and this Victorian government needs to listen to Victorians and cease the division wars that they wage.

Chris COUZENS (Geelong) (11:28): I am very proud and pleased to rise to contribute to the Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Bill 2024. I will begin by acknowledging the original owners of the lands on which we gather today and pay my respects to their ancestors, to their elders and to all Aboriginal and Torres Strait Islander people who are either here today or listening to the broadcast. I thank them for their care of our beautiful land and waterways.

I also want to acknowledge and pay my respect to those that have led the way in truth-telling and the treaty process in this state. I do want to acknowledge the Yoorrook Justice Commission commissioners: Professor Eleanor Bourke AM, Adjunct Professor Sue-Anne Hunter, Travis Lovett, Distinguished Professor Maggie Walter and the Honourable Anthony North KC. I also acknowledge the cultural load that they have carried on behalf of all Victorians, including the Aboriginal community, in undertaking this truth-telling process and the trauma that is involved in that. Further I want to acknowledge the co-chairs of the First Peoples’ Assembly Ngarra Murray and Rueben Berg and of course all the members of the assembly who represent communities across the five different regions of this state and to thank them for their work and leadership on this.

I do ask often: why is it that other cultures around the world can embrace their First Peoples culture and yet we cannot in this country? Things are changing in Victoria, and I am very proud to be part of a government that is doing that and we have so much to gain from that. I do not know why we have to listen to comments like those of the member for Ovens Valley, who says the opposition is opposing the bill. What a disgrace and how offensive that is to First Nations people, but not just to First Nations people – to all of us sitting on the side of the chamber and all of those that can see how important truth telling and treaty are to all Victorians.

The member for Ovens Valley mentioned the ‘special privileges’ that Aboriginal communities will get from this bill. What, like having their children massacred and stolen, their land stolen, their language stolen? Is that special privilege? No, it is not. These are the things that the Allan Labor government is actually addressing through this process of truth-telling and treaty that this bill relates to. It relates to truth-telling, and we heard from First Nations people how important it is for us to acknowledge the wrongs of the past. That is what this bill is about. It is about protecting those who gave evidence at that inquiry and acknowledging the trauma they went through, the extreme stories that they told, either themselves or their family members throughout their journey, what it means to them and the impact it has had. We know generational trauma is a thing, and this bill in front of us says we will respect the rights of First Nations people who stepped up and gave evidence at that inquiry and give them, I suppose, the comfort that it is there and locked away for those 99 years, because that is what they asked for. For the member for Ovens Valley to talk about special privileges is an absolute disgrace, and it is actually a display of the systemic racism that we have seen in this country for over 200 years. That is what it is about. It was a display of systemic racism that the member for Ovens Valley portrayed in his speech. Those stories that were shared with us should be protected, because we made that commitment; the Yoorrook Justice Commission requested that that occur, and that is exactly what we are doing.

When we look at what other countries are doing, New Zealand is a great example: no matter where you go, that culture is embedded in that community, right across their country. Why can’t we do that here? Why are we putting up barriers – or why are those opposite putting up barriers – and trying to stop that from happening? Is it fear? What is it? Or is it clearly systemic racism that we are dealing with?

We had an event in Queen’s Hall yesterday where members opposite were scoffing about the welcome to country. That is how disrespectful they are. They walked away from the treaty process, from the truth-telling process, and said, ‘No, we’re not having anything to do with this now,’ even though we had bipartisan agreement when this process began, and it did not finish until after the federal referendum, which was something quite different to what we are doing here in Victoria. This is not about enshrining something in the constitution, this is about moving forward with treaty. So these are really concerning comments and behaviours from those opposite, which we are going to see worsen, I believe, over the coming months and years as we begin to negotiate treaty.

I cannot tell how proud I was to join cabinet, the Premier and other members of Parliament at that event last Thursday, which was a significant ceremony held by First Peoples that we were invited to for the commencement of treaty negotiations in Victoria. For the first time in this country Victoria is leading the way. I can tell you that in other states Aboriginal people are saying, ‘Why can’t we have what you’ve got in Victoria?’ We are leading the way. We as a government have been supporting and empowering Aboriginal and Torres Strait Islander communities in this state to move forward on treaty and truth-telling, and part of that truth-telling is acknowledging what happened. This is what this bill is about. It is making sure that every protection possible is in place for those Aboriginal members of the community, whether they are young people telling their elders’ stories or whether it is elders telling their stories. I know what some of those stories are, and they are horrific stories.

In fact many years ago I had the opportunity to sit around the campfire at Framlingham mission with my now late husband, talking about all those injustices. I feel really privileged to have had that opportunity. I did not recognise it then, but I do know now how privileged I was to do that. To have those stories being told and documented and for the Yoorrook Justice Commission to be able to put forward their recommendations is a fantastic thing in Victoria. We should be very proud. Everybody on this side of the house I know is immensely proud of what we are doing. For those opposite to continue to make offensive comments and to ignore what we are doing in Victoria is unacceptable, and they need to be held accountable for what they do and say.

Members interjecting.

Chris COUZENS: Yes, in Hawthorn. Aboriginal and Torres Strait Islander people in this community are walking alongside us for all of us to have a better society to live in. We all benefit from treaty. We all benefit from truth-telling. It is not about finger-pointing or making blame, it is about walking together and improving the lives of First Nations people and closing the gap in this state, which we should all have shame for. We should all be working towards ensuring that we are addressing those injustices that have been done. The inequality that we see even today after 200 years of Aboriginal people calling for treaty, truth and justice – well, we are just beginning that journey now. It is a responsibility of all of us to ensure that we continue to support our First Nations people but also to support the legislation requirements. I commend the bill to the house.

Jade BENHAM (Mildura) (11:38): The timing could not have been better for me to make my contribution on the Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Bill 2024. I have actually just walked out of a meeting with Ben Djuve from Clontarf. I spoke about the Clontarf Foundation earlier today and what amazing work they do through closing the gap. This is something that I speak often about with our huge First Nations population and one that I am heavily involved in through the north-west of this state. I get firsthand accounts from all sides of this, and there are many sides. Ultimately, I can listen to both sides and those that go, ‘No. Hang on. We do want to walk together. We do want to walk side by side. We do want to close the gap. We don’t want to create division’ – and then we get called racist for saying we do not want to create division. That is an issue. Like I said, I am heavily involved in community in Mildura and particularly in Robinvale, and I have been doing a lot of work with Clontarf, which this government has neglected for the past 10 years – no, 14 years in fact.

In 2010 the coalition government started to part-fund the Clontarf academies in this state to the tune of around half a million dollars. Guess how much that has increased? Not one cent. Not one cent, and yet the statistics do not lie. Guess what the incarceration rate is for Clontarf boys? Zero. If we want to talk about closing the gap, let us talk about programs that work. Again, the Yoorrook Justice Commission and truth-telling is great – we all want that. But we want to walk together. When you have got a government that is not listening to things like the Clontarf Foundation, who have stacked 14 years – they have been borrowing and begging this government for increased funding to keep providing for Aboriginal boys in this state, and they keep going begging to the point where now they look like they are going to have to close the Warrnambool academies, so there are 90 boys that could have positive outcomes that now will not have an academy down there if this government does not step up.

So if we are going to talk about closing the gap and truth-telling, let us tell the truth. The government want it one way – they want it their way. They are not willing to listen anybody else. Do you know why they will not fund the Clontarf Foundation? Because it is something that the coalition started to fund. That was our idea, so the Labor government do not want anything to do with it, do they? $540,000 in 2010 was their funding. Today in 2024 it is still $540,000, which now puts them behind the eight ball. It cost $7,500 dollars per student to go through the Clontarf Academy, and it keeps them engaged in schools. Their outcomes are remarkable, with positive male role models that that actually bring them to school, keep them engaged in school and get them drivers licences. They have corporate partnerships with places like Bunnings and Wesfarmers, so they are in employment. They are just incredible. Now, to get to a point where they look like they are going to have to close not one but two academies is absolutely insane. Then the hypocrisy that comes out from across the other side – saying they want to close the gap, but they will not even look at something that the coalition have funded – is absolutely disgusting. Then, because we want to walk side by side as one, without being called racist – it is disgusting, and I am disgusted.

When I am talking to all sides of our community through the Mallee – there have been things up there that have caused horrific division to the point now where I cannot engage with some parts of the Mallee farming community. Lake Tyrrell is a really good example. The Mallee Rally ran there for 40 years, and yes, we know that it is such a culturally significant site – we know that. It should be protected. There are parts around the lake that absolutely need to be protected; there are middens around there and all sorts of stuff. But to close it down and forbid access to anyone – we want to learn. There is a thirst to learn about things like the stories that have come out from the Yoorrook Justice Commission. There is a thirst for knowledge and education. We want to learn; we do not want to be closed out. The farmers down there that have property surrounding the lake do not want to be closed down – they want to learn so that they too can help preserve this history.

I do not know if you know this – clearly the government does not know this – but do you know who the biggest conservationists in this country are? Farmers. Because the land and everything that it holds is their livelihood. It is their family’s livelihood, and it has been for generations. They want to know about what was there beforehand, and of course they want to protect it. But do you know what does not allow that? When they get shut out, and when there is secrecy. Educate us. There are opportunities here to teach and to open up. Especially in a place like Sea Lake, where you have got a tourism sector because of Instagram. It has been created out of nothing – #SkyMirror. It is beautiful; there is water in it at the moment.

It has created a tourism industry. There is opportunity there, so to what end do we close out part of the community? That is our biggest issue here: that there is one rule for one part and another rule for another part. We want to walk together, and we want to learn so that we can grow together. In places like Sea Lake – the member for Preston enjoys me telling stories about Sea Lake – there could be art galleries there, there are tours. Go on tours around the lake, explore the murals and the culturally significant places around the lake. There are so many opportunities, so many social enterprise opportunities, but it has just been closed out and it has created division to the point where the community now, any time you bring it up, they really get defensive about it, and that is so sad. It really is. It is heartbreaking. But then, like I have said, you have got organisations like the Clontarf Academy and the Stars program, and I will be at the Stars program in Mildura on Monday night, in fact at their awards night. These programs are enabling our First Nations young people to want to explore and invest, be entrepreneurial and set up their own businesses and take advantage of opportunities like this that are being neglected by the government.

You cannot preach to us that we are racist because we want one rule for everyone, we want one Victoria, we want to walk together, we want to close the gap, and then pick and choose what you are going to do, because that kind of stuff is hypocrisy and that is frustrating, and that is why we have division in our communities. That is exactly why we oppose this bill. We want to hear truth-telling – great. We want to acknowledge country. We want all of this, but we do not want one rule for one group of people and one rule for another. That creates division. When you are embedded in communities and you are hearing all sides of it, it creates division, and that division is heartbreaking, and that is what we do not want. That is why communities are also scared to speak up, because they get branded as being racist. It is simply not true. It is simply offensive. It is not true. What we want is one united community, not division. And to say that is not racist, and anyone that says it is is disgusting.

Bronwyn HALFPENNY (Thomastown) (11:48): I also rise to make a contribution on the Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Bill 2024. This is a piece of legislation that I am very proud to be a part of as the Allan Labor government, which is introducing this into Parliament.

We have heard a lot of allegations and talk about locking up land and funding and whatever, and as the next speaker I am sure there needs to be a bit of fact checking about that. I am not in a position to do that, but I am sure Labor speakers after me will look at correcting those issues. But this bill is being put forward and it is intended to ensure that the Yoorrook Justice Commission can meet its obligations under the letters patent to uphold Indigenous data sovereignty principles when it comes to First Peoples’ evidence to the commission. This is not new. I know that when I was, under a Liberal government at the time, a member of the parliamentary inquiry into child abuse in Victoria this issue of protecting the anonymity and the confidentiality of people that contributed to that inquiry was of utmost importance. In fact this has been done before. When people come on their own, voluntarily, wanting to give evidence about their very personal and often very terrible stories and if they want to ensure that with those stories that they are talking about, maybe for the very first time in their life, that none of their other family members know of, they are protected by confidentiality and it is only when they choose to disclose those things that they will be disclosed.

I really do not understand what the opposition is so opposed to here. This is something to protect individuals that participate in such things as parliamentary inquiries. This legislation of course is specific to the Yoorrook Justice Commission, but other forms have been done to protect the identities and the information that individuals provide. So to say this is something different, awful and terrible and that the sky is going to fall in and that it means all these other things really shows what a very sad and sorry state the opposition is in. You can just see the bitterness and anger in the contributions being made when it comes to anything when we are talking about First Peoples and how we should deal with the many wrongs that have been committed in the past and what we are trying to do in this state through the treaty process. It really is a hypocritical argument that the opposition is putting and one that I think most Victorians would just hear with disgust.

In 2021 the Victorian government and the First Peoples’ Assembly established the Yoorrook Justice Commission, and it was the very first of its kind across Australia as a truth-telling inquiry process. I want to convey my deepest respect and admiration to all commissioners, those that participated in this justice commission and truth-telling and those commissioners who oversaw and guided the essential work to expose the dark truths of colonialism in this country. There are Professor Eleanor Bourke; Adjunct Professor Sue-Anne Hunter, who I have met on a number of occasions and heard inspiring presentations from at many events; Travis Lovett; Distinguished Professor Maggie Walter; and Mr Anthony North.

This bill will be critically important as it will outline the framework to ensure principles of Indigenous data sovereignty are upheld after the Yoorrook Justice Commission has come to an end. People who contribute have a right to have their information treated as private and to have it secure. Indigenous data sovereignty, which is an Indigenous-led global movement, refers to the right of Indigenous people to have the ability to govern the data that relates to Indigenous communities. What is wrong with that? What problem is that for the rest of the community? As I said, it is a global movement. It talks about being allowed to use the information about those communities to guide self-determination and the treaty process.

The Yoorrook Justice Commission defines Indigenous data sovereignty as:

… the right of Indigenous Peoples to own, control, access and possess data that derive from them, and which pertain to their members, knowledge systems, customs, resources or territories …

I would say that the data collection currently is not around Indigenous knowledge systems, customs and resources but around white Australian knowledge systems, customs and in fact, as the opposition has said, the Westminster system. So what is wrong with us including First People in information gathering and data systems as well? This is incredibly important to remedy both the historical and current practices when it comes to the collection of data relating to First Nations people. Government record keeping has historically focused on First Nations disadvantage and deprivation and has failed to recognise First Nations self-determination. Again, this lack of understanding is evident from the opposition when what they are talking about is housing, education, all these disadvantages, all these failings and all the things that are wrong with First Nations people rather than all the good things and all the things that are right.

The Yoorrook Justice Commission is already required under the letters of patent to uphold Indigenous data sovereignty principles when it comes to First Peoples’ evidence to the commission, and it outlines the principles as:

accommodating to the extent possible First Peoples’ choices in how they wish to participate, including their rights to free, prior and informed consent at all stages of participation;

upholding the sovereignty of First Peoples over their knowledge and stories by consulting with them on how the information they provide should be treated and ensuring adequate information and data protection …

We on this side of house believe that this is important. It is to ensure that we protect and strengthen the principles of Indigenous data sovereignty, and this bill will empower the commission to make record closure or restriction orders to help ensure that records are managed by the commission in a manner that is consistent with the principles of Indigenous data sovereignty once the commission has ended and in line with the wishes of participants.

This legislation will make amendments to the Inquiries Act 2014 to enable the commission to make orders closing or restriction to certain records that have been authored by First Peoples for a period of 99 years once the commission ceases to exist. A record closure will prevent First Peoples’ evidence being publicly available within the public record office or via a freedom-of-information request without the consent of the author. Is this so bad? Is this so hard? A restriction order will see some records available for restricted viewing, and the commission can set restrictions on how the record can be accessed in line with the wishes of the author. Again it is all about bringing people along and them having a say in how the information that they choose to provide is used in the future.

This legislation will also make it so that the Freedom of Information Act 1982 does not apply to the records that have been subject to closure or restriction orders made by the commission for a period of 99 years. The amendments to the Inquiries Act will also provide clarity for the requirements for the treatment of records of a formal review, a board of inquiry and a royal commission that have ceased to exist in accordance with the current practice.

This legislation will also amend the Public Records Act 1973 to ensure compliance with the commissions record closures and restriction orders, and this is key as it would prevent records from being available for secondary use from the Public Record Office Victoria archives, again for a period of 99 years. Some people disclosed information for the very first time that was confidential, and we need to maintain that trust. Similar consideration was, as I said before, taken into account and actioned and similar steps were taken when the Victorian Parliament under the Baillieu government conducted the inquiry into the abuse of children.

This bill will also provide the commission with the power to make record closure or restrictions that will enable the record author who is nominated by the commission to retain access to their own records in full and enable the nominated record author to provide the additional access instructions for how the records can be inspected after their passing. These reforms were brought about from extensive consultation with the commission. The commission consulted with the First Peoples community to ensure their preferences were considered when developing this legislation. What does it do for all Victorians? How does it harm?

The Public Record Office Victoria, the Office of the Victorian Information Commissioner and the First Peoples’ Assembly of Victoria have all been consulted. All the stakeholders are strongly supportive of the bill, and this bill is consistent with the government’s commitment to advance the sovereignty of First Peoples.

Martin CAMERON (Morwell) (11:58): I rise to make a contribution on the Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Bill 2024. The inquiries amendment bill primarily aims to amend the Inquiries Act 2014 and the Public Records Act 1973 to regulate the management of, access to and preservation of records related to the Yoorrook Justice Commission.

The commission was established in May 2021 and tasked with collecting testimony and evidence from Aboriginal individuals and communities. The commission released an interim report in June 2022, with a final submission closing on 22 November 2024. The final report from the commission is due in June 2025. The justice commission was given powers of a royal commission under the Inquiries Act 2014. Closure of and restriction of records, new section 52B, the Yoorrook Justice Commission record closures order empowering the justice commission to issue orders to close records from public inspection for up to 99 years, applies exclusively to evidence provided by Aboriginal individuals.

New section 52C allows the commission to restrict access to certain records. Restriction conditions may include viewing at designated locations, prohibition of copying or photocopying and restrictions on sharing copies.

We have heard contributions from members from both sides of the chamber. As the member for Ovens Valley stated earlier, the coalition are opposing this bill, and we are opposing it because we feel that it actually divides the community with what is put forward. We talk about wanting to work together and walk together, which I try and do in my community. I sit and I listen to all contributions from both sides to get a feeling that the same issues that I have in the Latrobe Valley are going on around the rest of regional Victoria and inner-city Melbourne. I think, yes, that would be correct; that does go on. When I sit down and talk with the elders in my community or I walk the streets, I think the outcome that I want to see is the gap close. I am making sure that in the Indigenous community in the Latrobe Valley the kids have got access to a great education and are wanting to go to school to learn and that Indigenous families have access to great health and dental care, because that is what matters to them. We are looking at trying to close the gap to provide our Indigenous community better access to health, schooling and housing. Housing is a real issue not only for our Indigenous community in the Latrobe Valley but for our community in general. Everybody in my electorate is on the same footing when I sit down and I talk to them. I want us to be a close community and a respectful community.

We are allowed to have differences of opinion. It is sometimes healthy to be able to have differences of opinion, but then to label people as being racist if they have got a difference of opinion is not a great help to anybody. We want to take strides and move forward as a community and embrace each other, look after each other and make sure that we are all on the same footing and have the same opportunities as we move forward. As I said, schooling, health and housing – it does not matter what background you come from, what religion you follow – are the issues. We should be able to sensibly sit down and talk about them and not be pigeonholed into certain areas when we do not get along or called racist if we raise issues where we do have genuine concerns for certain members of our population. As the member for Ovens Valley said at the start, yes, we are opposing this bill. There are certain bits and pieces in it that have that have come through which will work, I do think, but we need to make sure that we are doing it for our entire community.

I know our Indigenous youth down in the Latrobe Valley. It is hard to engage them to be at school all the time and encourage them to get there.

We need to make sure that we have programs for not only the Indigenous part of the Latrobe Valley but our entire youth to make sure that these young kids, who are easily coerced and led astray, right across the board have options, because that is how we fix these problems. We need to make sure that we are giving everybody the opportunity to walk together.

To be able to stand and have the hard conversations here in the chamber – I know there are some accusations flying across from one side to the other, but I think we genuinely want to have the best outcome for our Indigenous communities and our communities in general no matter we come from. No matter what your background and your heritage is, we need to make sure that we have opportunities right across the board. Even as we move to giving our Indigenous community access to jobs in the Latrobe Valley, we need to make sure that we have areas where they want to engage in with work. I know that we are talking about other stuff within the justice commission here and other matters, but we need to have a look right across the board, because you have the opportunity to sit down with the elders and talk with them about what the issues are in your local community and where we are failing and falling down, talking with them and then with other leaders in the community. I know there is a lot of work that needs to be done to make sure that we do close the gap, that we do give our Indigenous people the chance to have that opportunity.

To be able to stand up and talk – then you have people from the other side of the chamber who think that you are talking and being a little bit racist because you want to question what is being put forward. You want to ask if what is being put forward is the best option. I am at the point where I want to walk together as a community and have the best outcome about our communities – not walk and be divided, but walk hand in hand and close the gap so we can have great outcomes for everybody in our communities, whether they are of Indigenous background or whether they are from other areas around the world. As I said, we oppose the bill because we want to make sure that we are not dividing the community. We are bringing our community together.

Members interjecting.

The ACTING SPEAKER (Juliana Addison): I will particularly ask the people at the table to not have discussions while someone is speaking.

Anthony CIANFLONE (Pascoe Vale) (12:08): I rise on this side of the house to proudly support the Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Bill 2024. In doing so I would like to begin by acknowledging the traditional custodians of the land on which we meet, live, learn and work, the Wurundjeri people of the Kulin nation. I pay my respects to elders past, present and emerging and particularly all of my parliamentary First Nations colleagues, beginning with the member for Geelong, for her fantastic contribution from the outset – it is a privilege to work alongside her in relation to these matters, and it was an even bigger privilege to have joined her at Darebin Parklands last week as we progressed the landmark treaty – my friend Sheena Watt in the other place and Senator Jana Stewart in the Australian Parliament. I acknowledge members of the First Peoples’ Assembly of Victoria, including Uncle Andrew Gardiner, the representative of these traditional lands in the First Peoples’ Assembly of Victoria.

I would like to express my pride in being part of a Victorian Labor government that is leading the nation when it comes to progressing the aspirations of the Uluru Statement from the Heart through voice, treaty and truth. We have proudly established the First Peoples’ Assembly of Victoria, the first state in Australia to create such an independent and democratically elected body that represents traditional owners of country and Aboriginal and Torres Strait Islander people in Victoria. We have established the first formal truth-telling commission through the Yoorrook Justice Commission, helping us to understand the full history of Australia, the one that dates back more than 60,000 years, way before the arrival of the First Fleet in 1788. I am also proud that we are the first state in Australia to be progressing a genuine treaty with the First People after the creation of the Treaty Authority and, as I said, through the commencement of formal treaty negotiations on 21 November – last week.

But at the heart of each of these landmark initiatives is the principle of self-determination, which is all about listening to First Nations people, building a genuine and inclusive First Nations-led partnership on health, wellbeing, socio-economic issues and the issues that impact them and their communities. It is about helping us to continue facilitating that self-determination by enabling and upholding First Peoples’ choices when it comes to the recording, storage and preservation of and access to First Nations records via the Yoorrook Justice Commission. That is why we are here today with this bill.

I would like to just point to the Liberals here, because it genuinely saddens me greatly that they are opposing this bill. When it comes to First Nations policy it has long been the Liberal-Nationals parties that have, sadly, opposed genuine reconciliation with our First Nations people. How can we forget John Howard, who refused the apology to the stolen generations, those iconic scenes over the Sydney Harbour Bridge and the disgrace of Peter Costello years later saying he regretted not being able to do something at the time to change the Liberal Party’s position – shameful. Peter Dutton led the charge against voice, treaty and truth and the Uluru Statement from the Heart – shameful. And today we see the Victorian Liberal–Nationals continuing in that disgraceful fashion. They are opposed. They have withdrawn bipartisan support for voice, treaty and truth in this state, and their conduct in relation to this bill is another sad step in that regard. But I also note who is not speaking on this bill –

Emma Kealy: On a point of order, Acting Speaker, it appears that the member is reading a document. I ask him to table that please.

The ACTING SPEAKER (Juliana Addison): I ask the member for Pascoe Vale: are you reading a document?

Anthony CIANFLONE: I am actually referring to handwritten notes that I have had to take down live, in real time, while the opposition have said that they are opposing this bill. Acting Speaker, I also note –

The ACTING SPEAKER (Juliana Addison): I must rule on the point of order. The member has said that he is referring to notes, so I will ask him to continue.

Anthony CIANFLONE: Also, in referring to my proudly handwritten notes, as the Liberal–National opposition have come to the party to advise they are opposing this bill, very sadly, I note who has not been speaking on this bill. The Nationals member for Ovens Valley has spoken, the Nationals member for Mildura has also spoken and the Nationals member for Morwell has spoken. My question is: where are the Liberal MPs in this debate? Where is the member for Hawthorn? Where is the member for Sandringham? Where is the member for Brighton? Where is the member for Kew? They claim to be the progressive Liberals. You have heard them all, like the member for Hawthorn previously with Raf Epstein on ‘Drive’ on 774 radio, having those progressive conversations. I dare him to go on Raf Epstein or ABC radio this afternoon given their disgraceful conduct and their positioning on this bill. Also, as we head towards the Green–Liberal contest in Prahran, I would love to see what the Liberal positioning is going to be in relation to that campaign. Let us wait and see.

The reality is that despite all the rhetoric over there, this bill is nothing new. If members opposite had bothered to do their homework, they would know that all of the measures contained in this bill already exist in legislation. They are already contained within the existing Public Records Act 1973. They are not new. This is nothing new that we are talking about here. All we are talking about is elevating the views and the wishes of the First Peoples’ Assembly in relation to the Yoorrook Justice Commission. That is all we are talking about doing, because under current royal commission and public inquiry guidelines, any person who appears before an inquiry can request to have their information, their evidence, their submissions or their personal, private or confidential information designated as restricted. That genuinely is utilised and exercised for people giving evidence at royal commissions when it comes to matters such as historical sexual abuse – very sensitive matters indeed – matters as they relate to the Royal Commission into Victoria’s Mental Health System and now through the Yoorrook Justice Commission –

Members interjecting.

Anthony CIANFLONE: As asked by the First Peoples’ Assembly, member for Ovens Valley –

The ACTING SPEAKER (Juliana Addison): The member for Yan Yean is being unruly.

Anthony CIANFLONE: We are elevating the opportunity for their stories to also be preserved and restricted, consistent with the existing acts.

Chris Crewther: Acting Speaker, I draw your attention to the state of the chamber.

The ACTING SPEAKER (Juliana Addison): I rule that there is a quorum present.

Anthony CIANFLONE: Another case of the Liberal–Nationals not being able to count their numbers. It goes to show that whether it is in quorums or in the party room, they cannot count. But do you know what? They only listen to what they want to listen to. I want to draw the chamber, which has a quorum, to the comments of the member for Mildura, who kept talking about how she talks to Clontarf. I respect that, and I acknowledge that, but if you talk to Clontarf, which is a respectable, reputable, Aboriginal First Peoples organisation, and you are willing to listen to them and their views, why doesn’t the member for Mildura want to listen to the views of the 33 democratically elected First Peoples’ Assembly members who have actually asked for this bill to be brought forward? Why choose to listen to one organisation and not the entire democratic body of traditional custodians of the lands in Victoria that we have proudly established who have called for this bill?

Why wouldn’t the Liberal and National parties actually call for and listen to the advice being provided by the Yoorrook Justice Commission? We are only supposed to listen to Clontarf, if you follow the logic of the member for Mildura. We on this side are listening to the entire First Nations community and the actual democratic body. It is going to be absolutely shameful, to say the least, that in the week that the member for Berwick shows up to a protest where neo-Nazis also show up they seek to divide in this chamber by opposing this bill. Shame.

James Newbury: On a point of order, Acting Speaker, I call relevance. I do not know what rubbish this member is speaking about, but it is not in the bill.

The ACTING SPEAKER (Juliana Addison): I ask the member for Pascoe Vale to come back to the inquiries amendment bill and continue his contribution about the Yoorrook Justice Commission records and other matters.

Anthony CIANFLONE: We could say we have got the member for Brighton on the record when it comes to this bill. I was just asking questions about where the Liberals sat on this bill, and now we know: it is a point of order. That is the best they can do – a point of order with no substance to contribute positively to this bill.

James Newbury: On a point of order, Acting Speaker, the member has just reflected on your ruling.

The ACTING SPEAKER (Juliana Addison): I will remind the member for Pascoe Vale to continue his contribution for the last 15 seconds.

Anthony CIANFLONE: In conclusion, I commend this bill. It is all about supporting that aspiration from the Uluru Statement from the Heart: voice, treaty and truth. We are walking proudly with our First Nations people and the Wurundjeri people of these lands on which this Parliament is built.

Ellen SANDELL (Melbourne) (12:18): I rise to also speak on the Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Bill 2024, which will entrench principles of Indigenous data sovereignty within Victorian law. The Greens will be supporting this bill. We would like to commend the government on what sounds like has been a very good consultation and development process. As we understand it, the first step was that the Yoorrook Justice Commission recommended that the government urgently change the law to enable First Peoples to decide how their information is stored, accessed and used in future. Then the government accepted that expert recommendation. They spoke to Yoorrook, they spoke to the stakeholders like Public Records Office Victoria and then got on and developed this bill. That is to be applauded, and the Greens hope that this acts as a precedent for other jurisdictions where data on First Nations peoples and communities is still controlled entirely by colonial institutions.

We will be supporting this bill, but I have to make some comments about something that is frustrating, which is that dozens of other recommendations from the Yoorrook Justice Commission are not in this bill and are not planned to come before this Parliament to our understanding. It has been a year since the government received the Yoorrook Justice Commission’s report, and Labor has officially accepted less than 15 per cent of the Yoorrook Justice Commission’s recommendations. Less than 15 per cent of the recommendations that this body of First Nations people have put before this government have been accepted.

First Peoples are sick and tired of telling governments the solutions that they need in their communities and then having those solutions completely ignored. We saw that with the Royal Commission into Aboriginal Deaths in Custody, we saw it with the Bringing Them Home report and we see it now with the Yoorrook Justice Commission report.

Labor have suggested they will still implement some of those 40 remaining recommendations, possibly as part of treaty, while others are left in this nebulous ‘under consideration’ category. That includes recommendation 1, a fully self-determined child protection system, including the transferral of decision-making power, authority, control and resources to Aboriginal communities. We hope that Labor will accept this recommendation in full because we know, particularly from recent reports, that the current child protection system is fundamentally broken and that it continues to harm First Nations children, young people and families and therefore the broader community.

In fact throughout the Yoorrook Justice Commission hearings Labor showed positive interest in addressing the historical and current injustices that led to the removal of Aboriginal children, the stolen generations, one of our nation’s greatest shames. That includes reforming the government’s permanent removal of children, which has occurred in Victoria after permanency amendments were introduced to the Children, Youth and Families Act 2005 in 2014. Worryingly, Labor now seems to have gone quiet on these reforms. According to the Victorian Aboriginal Legal Service, after some good early consultation:

… there has been deafening silence over the past 18 months regarding permanency, let alone progressing the other recommendations by Yoorrook. This is not good enough for our children – they deserve better.

Those are the words of the Victorian Aboriginal Legal Service.

There are three recommendations from the Yoorrook Justice Commission that this Labor government has rejected outright. These include strengthening Victoria’s human rights charter into something that actually protects human rights; secondly, urgently raising the minimum age of criminal responsibility to 14 without exceptions and prohibiting the detention of children under 16 years old – these are laws that currently exist in our state that disproportionately harm First Nations children – and thirdly, the third recommendation of Yoorrook that Labor has rejected outright, creating a presumption in favour of bail for all offences except murder, terrorism and similarly extreme offences, because we know that our bail laws were broken by this government introducing new bail laws that have led to the significant increase in incarceration particularly of First Nations women in Victoria.

We also know that First Nations people are crying out to overhaul our prison system. Since the Yoorrook Justice Commission report we have tragically, horrifically seen three Aboriginal deaths in custody, and that is absolutely devastating. First Nations people should not have to keep seeing deaths in custody and these horrific impacts on their communities happening in our state and just wait until governments think that it is politically expedient for them to act. Governments need to be showing more leadership than that when it comes to our First Nations people.

Members interjecting.

Ellen SANDELL: I hear Labor members across the chamber saying that this is insulting. I do not think that First Nations communities, our elected First Peoples’ Assembly and the Yoorrook Justice Commission calling for justice for First Nations people is insulting. What is insulting is the Labor government not accepting recommendations directly from the Yoorrook Justice Commission, a very experienced, reputable First Nations body who has been tasked with looking into what needs to change to improve First Nations communities. They are telling the government what needs to change, and the government is rejecting some of their most important recommendations outright. That is what is so awful in this situation.

Yoorrook also called for other changes in our prisons, such as free phone calls and a flat-out ban on solitary confinement. These are basic human rights that people in our prisons should have, and it is worrying that Labor has not implemented them in full.

The Greens will support this bill because we know it is an important bill – they are important reforms. But we know that we are ready in this state for more significant reforms that go to supporting our First Nations communities and supporting what they are telling us, what they are self-determining is right for their communities.

I want to also take this opportunity to congratulate the First Peoples’ Assembly of Victoria on beginning treaty negotiations last week. What an incredibly powerful and long overdue moment this is not only for our state but for the entire country, and we invite the coalition to get back on board to support treaty. Treaty should be something that goes beyond party politics. It should be something that we can all get behind. It is something that will enable us to use the incredible knowledge that we have in our First Nations communities to the benefit of all Victorians. I will benefit, my kids will benefit, our entire Victorian community will benefit if we can all get on board the treaty process and support it. I am really honoured to be speaking next week at a treaty forum with the First Peoples’ Assembly co-chairs Ngarra Murray and Rueben Berg. At Trades Hall we will be bringing together our local community to talk about what treaty means and make sure that everyone in my electorate and my community knows what treaty means and how powerful it can be and how they can be good allies and jump on board to support the treaty process – what it means for traditional owners, what it means for First Nations communities, what kinds of treaties we can expect to see, what kinds of timelines we can expect to see and why treaty will benefit all Victorians not just now but into the future.

We support this bill. We hope it is just one of many bills that will come before us accepting the Yoorrook Justice Commission’s recommendations and not just cherrypicking the ones that seem politically easy at the time but actually implementing even the ones that are more difficult, because they are potentially the ones that will have the most impact. We know that in this state we are leading on treaty and we can lead on the other elements that our First Nations communities are telling us are needed for true justice for our First Nations communities, and we do not want this state to fail at this historic opportunity. We have an incredible opportunity right now, and I hope we take it with both hands and really make sure that our First Nations communities are getting what they tell us they need for a brighter future.

Eden FOSTER (Mulgrave) (12:27): Before I start I would like to acknowledge the traditional owners and custodians of the land on which this Parliament stands, the Wurundjeri Woi Wurrung people of the Kulin nation. I would also like to acknowledge the Bunurong people, who have looked after the lands that make up the electorate of Mulgrave for tens of thousands of years, and I pay my respects to elders and ancestors, elders from all Victorian First Peoples and any elders and other Aboriginal people who join us here today.

Victoria’s First Peoples maintain that their sovereignty has never been ceded. The Victorian government is committed to true reconciliation, truth telling and treaty with First Peoples, and with that in mind I stand in support of the Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Bill 2024. It is quite shameful to hear those opposite objecting to this bill and some of the comments that have been made. The comments themselves are quite divisive. Even though some may say this bill is divisive, it is not; it is actually bringing together our community. It is closing the gap by listening to our First Nations people. Those on the other side perhaps do not understand that; they do not see that. We on this side of the chamber do. We understand, we are listening, we are paying attention and we are doing something about it.

The Yoorrook Justice Commission is the first formal truth-telling process in Australia to address the historical and ongoing injustices experienced by Victorian First Peoples. As Reconciliation Australia so powerfully stated:

Truth-telling enables a fuller and more accurate account of Australia’s history to recognise the strength and contribution of Aboriginal and Torres Strait Islander peoples. It acknowledges the historical silencing of injustices and ongoing impacts of colonisation on First Nations people. Truth-telling is fundamental to advancing reconciliation.

We do not put our hands on our ears, we listen. Unlike those on the other side, who perhaps want to ignore the recommendations, we listen. Established through an agreement between the First Peoples’ Assembly of Victoria and the state government in 2021, the commission remains independent of both, ensuring its integrity and impartiality. Ministers from the Allan government, including our Premier, have participated in the hearings, with our Premier making history as the first state leader to appear at an Indigenous-led truth inquiry. The commission has already released two interim reports, Yoorrook with Purpose in 2022 and Yoorrook for Justice in 2023, and will deliver a third interim report, along with a final report, by June 2025. The final report will include an official public record documenting the experiences of First Peoples from colonisation to the present day, marking a significant step in our journey toward justice, healing and reconciliation.

This legislation amends the Inquiries Act 2014 and the Public Records Act 1973 to ensure the Yoorrook Justice Commission can effectively uphold Indigenous data sovereignty principles as outlined in its letters patent, particularly regarding First People’s evidence. It empowers the commission to issue orders that restrict or close access to certain records authorised by First People’s once the commission ceases to exist, with these orders lasting for up to 99 years. Additionally, the Freedom of Information Act 1982 will not apply to records subject to such closure or restriction orders. The legislation also makes minor amendments to the Inquiries Act to clarify the treatment of records from royal commissions, boards of inquiry or formal reviews once they have concluded. In line with current practices, these changes are essential to safeguarding the privacy and sovereignty of Indigenous data while ensuring transparency and accountability in the handling of sensitive records. I might add that it should be up to Aboriginal people to decide what happens to their sensitive information. People have gone through trauma, and there is transgenerational trauma. It continues, and if we do nothing about it, it will just continue.

This is about closing the gap. Those on the other side do not believe it is so, but what we are doing on this side is about closing the gap and empowering our Indigenous brothers and sisters. It is about listening to them. It is not about being selective with who we listen to. We are basing this on people who were elected – 33 elected Aboriginal representatives. We are hearing them. The First Peoples’ Assembly – we are hearing them. We are listening to what they need and what they want, and we are taking action; we are doing something about it.

As I have been saying, we have been listening to many Indigenous people in our community. Consultation with our Indigenous brothers and sisters is an essential part of creating this legislation in a respectful way, in an inclusive way and in an effective way. There is no point in creating legislation that empowers First Nations Victorians without working collaboratively with our First Nations communities, and this is what we are doing. In the development of this bill the government has worked closely with the Yoorrook Justice Commission to ensure that it meets the expectations of both the commission and First Peoples. Additionally, the commission has consulted with First Peoples community members to gather their insights, ensuring their preferences were considered throughout the process.

Furthermore, the draft bill was shared with the Office of the Victorian Information Commissioner and the First Peoples’ Assembly of Victoria to gather their feedback. All of these key stakeholders are supportive of this bill, reflecting a collaborative approach that strengthens the integrity and impact of this bill. From a psychological perspective, I might add, as a clinical psychologist, thinking about our Indigenous brothers and sisters and talking about past abuses and past injustices, for that to be released without their consent is potentially retraumatising. This bill ensures that that is protected and that they have a choice whether they want to disclose this information and make it public or whether they want to restrict it or keep it confidential.

I do not think it is much to ask from the other side to support this bill. It is a significant shame. I am surprised to not hear from any Liberal members of Parliament on this bill. I can see the member for Brighton is in the chamber, and I am hoping that maybe he will speak on this.

James Newbury interjected.

Eden FOSTER: Through the Chair, we do love to hear the member for Brighton, and it would be great to hear his thoughts on this bill.

Members interjecting.

Eden FOSTER: The member for Mornington is in here too – it would be great to hear from him. It would be wonderful. The member for Narracan is here too. I am wondering if he will speak on the bill.

Members interjecting.

Eden FOSTER: We on this side are very proud of this bill. I know I certainly am. I would like to hear from those across the chamber, particularly the Liberal members, on this bill and why they are opposing it. I would like to hear them, because I am sure their community would like to hear their views on this bill and why they are blocking it. I have still got a minute to go, so I –

James Newbury interjected.

Eden FOSTER: Through you, Chair, I would like to thank the member for Brighton for giving me a little bit of a reprieve. I might conclude there, but I would like to finish my contribution today by saying that I am incredibly supportive of the government’s record when it comes to our Indigenous brothers and sisters and in particular today’s bill. I am supportive of what the government has presented to this place. I hope that this bill will help lead us towards true reconciliation with our First Nations Victorians, and I commend the bill to the house.

Nina TAYLOR (Albert Park) (12:37): I too acknowledge the traditional owners of the land on which we are gathering, specifically here the Wurundjeri Woi Wurrung people. But I will also acknowledge the Bunurong people of the Kulin nation, because both transcend my seat. I acknowledge their strength, resilience and continued connection to their country, skies and waterways.

As a government we are committed to truth, reconciliation, truth-telling, treaty and First Peoples. There are some really fundamental tenets here that must be transacted as part of this discussion. I contend that. The first is this can only occur by empowering and supporting Aboriginal people through self-determination. The Allan Labor government knows that true reconciliation begins with self-determination. This is a fundamental tenet and thrust of the legislation before us concerning the terms under which the important evidence that was provided before the Yoorrook Justice Commission is to be handled for very good reasons, contrary to what has been asserted by the opposition, who are alleging that this is all about driving division and, dare I say, inequality in community – it is nothing of the sort. That is a manipulative trajectory to undertake when discussing a bill of this delicate and fundamental and protective nature for good reason – not bad.

They are inferring somehow that it is going to drive division and injustice in our community. Well, let me tell you, back when I was in law school we looked historically to the legislation which was in place – I do not remember the actual act, so I am going to have to speak very broadly, but I am happy to provide it for Hansard after – and it talked about the caste system and people who were quarter-caste, half-caste, three-quarter caste and the various divisive and inappropriate and fundamentally discriminatory ways in which Aboriginal and Torres Strait Islander people were treated in this country. It was nauseating to think that that was actually legislated, and that people actually passed that bill at one point or another in our great state of Victoria.

Further still – and I do not wish to go to specifics because obviously the whole point of the truth-telling and the Yoorrook Justice Commission was for Aboriginal people to tell their stories themselves – I do remember that there were incidents where there were Aboriginal children who were palmed off to various – can I say landowners? I am trying to describe farming land; I will just have to put it very broadly in those terms. They were used for domestic labour. They were not educated, and then, heaven forbid, children resulted. And let me tell you, these were not consensual arrangements. So if we are wondering why we are having to have these kinds of very sound and just protections put in place in this Parliament, it is because we have a very ugly and unequal history in this country, hence the imperative for the drive towards treaty and fairness and truth-telling. So spare me the rhetoric about us driving division in the community when we are transacting a bill that is all about fostering self-determination.

We know that with the Yoorrook Justice Commission many of the stories – perhaps most of the stories – were often extremely harrowing. I do not know – if you put yourself in the position of those who had to share the most painful details, would you necessarily want everybody in the community and beyond to be able to see all those details of all that you have suffered? Well, I would like to respect the decision of those who reflected and who shared those harrowing stories that they have some right to be able to determine whether they want those particular records to be shared publicly or otherwise, because isn’t fundamentally the purpose of these reforms to heal? It is to heal our nation and to walk forward together. It is not about finger-pointing and it is not about driving discrimination further. It is the contrary; it is about healing. But we know that unless we acknowledge the many sins of the past – that are, frankly, I have to say, embarrassing at the softer end of the scale. They are truly horrifying. I feel a sense of shame, even though I know it is in times gone by – actually, not times gone by. I have to say, there are still inequalities that are being perpetuated as we speak, and we fully acknowledge that, hence the imperative to stand together. I would like this to be a joint Parliament with this particular bill so that we can progress the reforms that are just and fair and all about honouring – what is that principle? – self-determination.

Coming back to the core elements of this legislation, a fundamental principle of the inquiry has been that First Peoples must be able to engage with the truth-telling process on their own self-determined terms. If we do not honour that, we are not going to move forward one inch. That is a fundamental tenet of progressing as a community. We knew from other inquiries, particularly the Royal Commission into Aboriginal Deaths in Custody and Bringing Them Home, how challenging it is for First Peoples to tell their truths. Just think about that. Think about the courage that it has taken for them to come forward and be able to share those harrowing tales. Absolutely horrific, but good – I must commend the courage that they have shown to be able to bare their souls in front of other people. Putting myself in that situation, would I have the courage to do that? I do not know. I really do not know, and I really admire them for what they have done. It truly shows immense compassion on their part that they have been able to find it in their hearts to work together with the whole, for all of us to work together and to progress forward on the treaty process. That is truly extraordinary.

Many of the stories that have been shared by First Peoples before Yoorrook have never been heard in such public forums before, so when we are thinking about the delicate nature of the information that is being shared, I do think there should be some sensitivity and respect. This is about respect. Fundamentally, at the end of the day, that is what this is about. We know that the Yoorrook Justice Commission has defined Indigenous data sovereignty as:

The right of Indigenous Peoples to own, control, access and possess data that derive from them, and which pertain to their members, knowledge systems, customs, resources or territories.

And the commission is required under its letters patent to uphold Indigenous data sovereignty principles by:

accommodating to the extent possible First Peoples’ choices in how they wish to participate, including their rights to free, prior and informed consent at all stages of participation.

We must respect this. That has been a premise of this proceeding in the first place, so if we were to undermine that at this critical point, then we have actually fundamentally obstructed the whole point of and process for proceeding on this truth-telling in the first place.

Secondly, the commission does so by:

upholding the sovereignty of First Peoples over their knowledge and stories by consulting with them on how the information they provide should be treated and ensuring adequate information and data protection.

That is not too much to ask. It is a very reasonable request, and I am deeply disappointed that the opposition have taken the very unfortunate and rather tragic pathway of using this as a way of arming up that old racist divide. It is a low blow, it is stooping and it is not helping us all to move forward to be more united and empowered into the future.

As a result of this extensive engagement the commission has sought legislative change – we are listening to the commission – so that those choices are upheld by the state of Victoria once the commission ends on 30 June 2025. The bill relates to the treatment of records created by First Peoples and submitted to Yoorrook after the commission winds up, just to be absolutely transparent about what it is we are discussing here today. It is about the representation of all Aboriginal people across the state. It is not one organisation over another. This is about empowering our Aboriginal people in this state, our First Nations people, to be on that path to self-determination. We must respect that. This is a great opportunity to do so. Let us work together and achieve some really positive and much-needed outcomes for our wonderful state of Victoria.

Paul HAMER (Box Hill) (12:47): I was just waiting because I know that the Liberals have not had an opportunity to speak on this bill. I know it is the tradition of the Parliament to make sure that every party, every representative, does have the chance to speak on a bill, so I did want to give them ample opportunity to speak on this bill. I did not want to jump too early and get into my contribution.

John Mullahy interjected.

Paul HAMER: Well, member for Glen Waverley, we will see if they put themselves on the record. I will be interested to see whether the member for Brighton, the member for Hawthorn and particularly the member for Kew will come out and support this bill, because we want to see –

Emma Kealy: On a point of order, Acting Speaker – I think you know where I will be heading with this – the member has been speaking for a minute now and is yet to actually enter into the debate on the bill. I ask you to bring him to debating matters rather than just attacking the opposition.

Lauren Kathage: On the point of order, Acting Speaker, the member has been speaking about – similarly to those opposite – unity, and everyone having the chance to speak, and I believe he is creating opportunity for those opposite. So I believe it is relevant to the bill, because he is simply pointing out that we all want to be unified in speaking on this bill and not missing in action.

The ACTING SPEAKER (Juliana Addison): I will rule on the point of order. Yes, that has been noted, but I would now like to hear you speak on the bill, thank you, member for Box Hill.

Paul HAMER: With pleasure, Acting Speaker. I want to speak on this bill because it is a very important bill, and I want to actually first pay tribute to the member for Geelong, who made a really heartfelt contribution. I was in the chamber listening to the member for Ovens Valley deliver his opening remarks, and the member for Geelong was also in the chamber at the time, and I just want to say sorry. I want to apologise that the member for Geelong had to sit through what the member for Ovens Valley said, which I think showed a complete lack of respect for the member for Geelong and particularly the Indigenous community that she –

Emma Kealy: On a point of order, Acting Speaker, the member is reflecting on members of this side of the chamber who are not currently present. I ask you to again bring the person back to the bill, as was your previously ruling. It is not a time to attack the opposition.

The ACTING SPEAKER (Juliana Addison): Members on their feet are allowed to refer to other people who have contributed to the debate as long as it is relevant, and it is relevant.

Paul HAMER: As I was saying, I do want to pay tribute to the member for Geelong and her very long journey and commitment to Indigenous reconciliation for many, many years.

This bill is an important bill, and it is important not only that the Parliament debate it but that the Parliament actually approve the bill and pass it. In Victoria we are very lucky that we have the structures in place to really support the Indigenous community and create a framework that the majority of the Indigenous community actually want, and that is through the First Peoples’ Assembly, that is through the establishment of the treaty process and that is through the establishment of a truth-telling commission, which is the Yoorrook Justice Commission. We have seen particularly in the Yoorrook Justice Commission through the hearings that have been held over the last couple of years just how terrible the history of Indigenous people has been in this state. I think back to my school education and how little we really learned and how little we really knew about the confrontation that existed between the colonisers and the Indigenous population at the time.

I think some of the particularly moving tributes that I can remember from the commission were from the descendants of the Henty family down in the south-west of our state reflecting on some of the incidents that occurred, particularly in that first contact that occurred almost 200 years ago when that family came into Victoria. It is really important for the community, as an education exercise, that we actually learn and understand what happened in this history, but it is also really important for the community to be able to hear that from not necessarily those who actually committed some of the acts but those descendants, people who had direct links to those groups, to actually recognise that there were wrongs done. I think that the reason that the truth-telling commission was introduced was to allow for that power of speech and power of truth to come forward.

We have seen that in other countries as well, like in South Africa after the end of apartheid, which had a truth and reconciliation commission come forward without repercussions. It was not about having criminal prosecutions, it was about getting the record straight on what happened through those years. That is why it is really, really important that we do have a truth-telling commission that can go through incident by incident so that all the families can have as much closure as possible and know that their stories have been recorded.

This is really where this bill comes in. The changes that are proposed in this bill are to provide for the commission to make orders to close or restrict access to certain records once the commission ceases to exist and to amend the Public Records Act 1973 to give effect to the orders made by the Yoorrook Justice Commission to close or restrict access to certain records.

In the context of what we are talking about there are some extremely sensitive matters. Often they will be talking about people potentially who have been long deceased, but there might be also people who are living now and then obviously in time will pass on. Both from a cultural sensitivity point of view but also in terms of acknowledging the challenging nature of the work that the commission is hearing, I think it is entirely appropriate that the commission has these powers to restrict access to certain records. The most important element of the commission is actually about enabling this process to occur and enabling the voices to be heard, as I said, sometimes for the very first time. Those records in the future need to be handled sensitively and appropriately, and the handling of these records post the commission is something that has come out from a recommendation from the First Peoples themselves. If we are going to be serious about listening to the voices of the Indigenous community, then we have to be respecting their wishes in matters such as these.

That is why, to get back to the point at the start of my contribution, I think it is very disappointing that we are seeing the opposition, the Liberal Party and the National Party, opposing this piece of legislation. We come from a time when in the last term of Parliament the treaty bill was set up in the Parliament and we had one lone voice opposing that piece of legislation to the point that we could not even get a division, because there was only one voice. Now we are going to have 28, 29 – however many there are – voices opposing a simple legislative change that is putting into effect what the Indigenous community want. I strongly commend the bill to the house.

Tim RICHARDSON (Mordialloc) (12:57): It is a pleasure to rise in the short time I have got on the Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Bill 2024. I too want to start by acknowledging the traditional owners of the land on which we meet today, the Wurundjeri people, and paying my profound respect to elders past and present and to those that have courageously fronted up to the Yoorrook Justice Commission in the full knowledge and understanding that the journey towards truth-telling is one of huge intergenerational trauma and impact.

The retraumatisation of bringing forward that evidence and the lack of compassion that we see in this not being a multipartisan supported bill caught me off guard in prepping for this bill. I actually was surprised that the opposition were opposed. But I was not quite sure then, or surprised, given their conduct, where basically division, destruction and the undermining of a range of communities has become their modus operandi. Where there is an opportunity post the Voice to try to stir division and undermine our process towards treaty, which we have taken to the Victorian people and which we are on the pathway towards – that opportunity opened up.

As much as the Nationals are opposed, do the Liberal Party in their coalition actually have any heavy lifting or weight or policy basis at all? The Nationals have been carrying this party through their coalition for an extended period. At least they had a policy position that was articulated. Some of it was egregious and offensive, but at least they came in here and actually fronted up on behalf of their constituents. What we see here is the cowardice of the Liberal Party once again, saying one thing from one end, where you have got the member for Kew, who in her leadership stands up and supports a Voice and supports elements of our pathway towards treaty, all the way through to the member for Ovens Valley, which was an extraordinary contribution and reflection as well. This is not what Victorians need in leadership. Once again we have the archaic structures telling First Nations people what is good for them rather than listening to what they need as part of the Yoorrook justice process. That is probably time for lunch there, Acting Speaker.

The ACTING SPEAKER (Juliana Addison): I thank the member for Mordialloc for his guidance, and I do suspend the proceedings of the house for lunch.

Sitting suspended 1:00 pm until 2:02 pm.

Business interrupted pursuant to sessional orders.

The SPEAKER: I acknowledge in the gallery today the Honourable Alan Brown AM, former member for Gippsland West and for Western Port. I also acknowledge in the gallery the Greek Ambassador to Australia His Excellency Stavros Venizelos and the Greek Consul General based in Melbourne Mr Emmanuel Kakavelakis.