I rise to speak on the Inquiries Amendment (Special Prosecutor) Bill 2026.
A bill about ensuring integrity and accountability are at the heart of the delivery of major government-funded projects.
It establishes the office of the Special Prosecutor to work alongside the Royal Commission into the integrity of major public and civil infrastructure construction projects in Victoria.
Another important step in this governments strong and definitive response to serious concerns about integrity in our construction industry.
As his first act, The Premier announced that the Government would establish a Royal Commission to inquire into misconduct affecting Victorian Government-funded construction projects, alongside a Special Prosecutor.
On the 20th of August, that Royal Commission was formally established, with the Honourable Christopher Kourakis AC appointed as Commissioner. It has comprehensive terms of reference that have been welcomed by the most eminent integrity experts.
Establishing this Royal Commission is a significant step.
It gives us an independent process to uncover the facts, examine the evidence and identify the nature and extent of corruption, criminal conduct and serious misconduct affecting government-funded construction projects.
But we also need to recognise what a Royal Commission is – and what it is not.
A Royal Commission is an inquisitorial body.
Under the Inquiries Act, it does not have the power to prosecute or compile a brief of evidence.
And yet, through the course of its work, this Royal Commission may uncover evidence of criminality, corruption or serious misconduct.
That is why the Special Prosecutor matters, and this bill puts in place the legislative architecture to establish that Special Prosecutor.
The Special Prosecutor will work in parallel with the Royal Commission and provide relevant information to bodies including Victoria Police, IBAC, regulatory and licensing authorities, and other appropriate Victorian, interstate, territory and Commonwealth bodies.
These bodies can then consider what action should be taken in accordance with their respective functions.
It means we do not simply establish a Royal Commission, wait for a final report and then begin thinking about what comes next.
Where relevant information emerges through the course of the Commission, there will be a dedicated embedded resource working in real time alongside it, to help ensure that information can reach the appropriate authorities.
Importantly Acting Speaker, it's not the role of government to determine who has done something wrong.
It is not the role of Ministers to determine what should be investigated or who should be prosecuted.
Those decisions belong with independent institutions, operating according to law and following the evidence.
Our responsibility is to make sure those institutions have the framework they need to do their jobs.
And a central feature of this Bill is therefore the independence of the Special Prosecutor.
The Special Prosecutor will be appointed by the Governor in Council on the recommendation of the Premier, following consultation with the Royal Commissioner Kourakis.
Once appointed, the Special Prosecutor will not be subject to the direction or control of the Premier, or of any other Minister, in performing their duties, exercising their functions or using their powers.
Their functions must be performed fairly and independently.
And the Special Prosecutor will remain a public body for the purposes of the Independent Broad-based Anti-corruption Commission Act, meaning they will themselves remain subject to IBAC oversight.
That independence matters.
If we are serious about accountability, then we must be serious about allowing independent institutions to follow the evidence wherever it leads.
And we must make sure the public can have confidence that decisions about that evidence are being made independently and without political interference.
The Bill also establishes the information-sharing framework that will allow this relationship to work.
The Royal Commission will be able to disclose acquired information to the Special Prosecutor where it considers that information relevant and appropriate to the performance of the Special Prosecutor’s functions.
The Special Prosecutor can assess that information and provide it to the appropriate law enforcement, integrity, regulatory or licensing body so that body can consider what action to take.
At the same time, this Bill puts important safeguards around that information.
The Special Prosecutor will be subject to confidentiality obligations, restrictions and exemptions applying to Royal Commission officers, including restrictions on knowingly disclosing information acquired during their appointment except in prescribed circumstances.
That balance is important.
We want information to be able to move to the bodies that it needs to.
But we also need that information to be handled appropriately.
Acting Speaker, I represent a community where people have strong expectations of their government.
People in Northcote have a deep appreciation for the social contract we are all apart of, the democratic institutions we uphold, and the laws and liberties that we respect.
They go to work, they run their businesses, they pay their taxes, and they contribute to our community.
And I think there is a very basic principle at the heart of this Bill.
People who do the right thing should be able to expect that the rules apply to everyone.
That is especially important when we are talking about major projects being delivered on behalf of the Victorian community.
Government undertakes major public and civil infrastructure projects with public money – that's the role and responsibility of our government as we plan for the future of our city and our state.
Victoria remains the fastest growing state in the country, with our population expected to reach 10 million by 2051. 8 million of those people will live and reside in Melbourne.
We have a duty to plan for that growth, with the services and city building infrastructure we need to see us through the coming decades.
In Northcote, we have benefited greatly from some of these fantastic infrastructure projects, just this week we celebrated 4 years of the removal of the level-crossing on Bell Street in Preston, and the opening of Bell Station.
It's an award-winning Station, being named one of the world's most beautiful passenger stations in 2024, by the prestigious Prix Versailles Architecture and Design Awards.
Many thanks to the work of Wood Marsh, who designed the striking multi-coloured glass panels and the concrete pattern that mimic the roofscape of Preston's post-war heritage neighbourhoods.
But, quite beyond its stunning architecture, this station has changed daily life for our community, dramatically improving the ability to move amongst our suburbs, and easing what was one of Melbourne's worst congestion points.
We have seen similar improvements with the building of the new Chandler Highway Bridge, the Eastern freeway upgrade is also underway to reduce travel times and deliver a new bridge over the Yarra river as well.
Acting Speaker, our health work force can now use the Metro Tunnel to get to our world class health services in Parkville.
Uni students can now more easily make their way to Melbourne Uni.
The upgrade at the Austin Hospital ED, will allow for 30,000 more patients each year.
These are projects that help make Victoria one of the best cities in the world to live, and are fundamental projects to shaping our city and our lives.
And by the vast majority, they are built and delivered by hard-working Victorians who are doing the right thing.
These are people who deserve to have their work recognised and celebrated.
So, where there are serious allegations about the infiltration of bad faith actors.
Government has a responsibility to respond.
Not defensively.
Not looking the other way.
But by opening those allegations to proper scrutiny and ensuring independent bodies are equipped to deal with what that scrutiny uncovers.
That is the approach the Government is taking.
And it is worth noting, as the Member for Preston very aptly did, that the Greens are nowhere to be seen in this debate.
They maintain a very problematic relationship with the CFMEU, and it is curious indeed, that they are not willing to come into this chamber and speak in support of greater scrutiny in the construction industry.
And let's not forget that it was not very long ago when the former Greens Member for Griffith, stood up to oppose the CFMEU being put into administration.
A pretty shocking stance for the Greens to take, in relation to what we know have been the infiltration of organised crime within the construction armour of the CFMEU.
I also want to acknowledge clearly that this legislation represents the first tranche of reforms in relating to the Special Prosecutor.
This Bill establishes the statutory office, enables the necessary information sharing and puts the initial powers and functions in place.
But there will be a second tranche of reforms.
Importantly though Acting Speaker, the Special Prosecutor can perform meaningful functions under this Bill from the outset.
Information uncovered by the Royal Commission will not sit untouched until a final report.
The Special Prosecutor can assess that information and provide it to bodies capable of considering further action.
That is a practical and immediate function.
There is another significant reform in this Bill which deserves attention.
The Bill strengthens the compulsory powers available to Royal Commissions in Victoria.
At present, a Royal Commission can compel the production of documents and require a person to attend and give evidence at a hearing.
But the Bill will go further.
Requiring a person, by written notice, to provide written information or a statement.
That's a significant improvement to their powers and will ensure greater oversight and integrity.
And for all the reasons I have stated today,
I commend the Bill to the House.
