Andrews government fails to provide vital documents, delaying Yoorrook Justice Commission

Concern the state government is concealing key information is rising with the Yoorrook Justice Commission forced to hand down its final report a year later than planned.

Victoria’s powerful truth-telling commission is set to hand down its final report a year later than planned because of delays from the state government’s failure to produce documents.

The commission also warned it would not hesitate to haul the government before court again amid concerns the state is withholding key documents and information.

At a directions hearing on Tuesday, the Yoorrook Justice Commission agreed to extend the deadlines to produce documents for the premier’s own department and the Department of Justice and Community Safety.

Government witnesses were due to be interviewed last month by the inquiry, which has the powers of a royal commission, but significant delays have led to its commissioners slamming the government over its handling of documents.

To manage these pressures, Premier Daniel Andrews wrote to the state’s acting Governor-general calling for change to the current timeline.

An interim report due in June has been pushed back to August, the next report moved to December 2024 and the final report due date to June 2025.

This final report was scheduled for June 2024 but both sides agreed more time was needed to make sure the commission’s work was not jeopardised.

Yoorrook Chair Professor Eleanor Bourke hopes the inqurity can claw back time in some areas. Picture: Brianna Young

Yoorrook Chair Professor Eleanor Bourke said it was also hoped the inquiry could claw back time in some areas.

She said the government must do better and criticised their efforts to avoid providing information under legal exemptions, calling them to work openly and honestly.

“This (delay) has caused significant inconvenience to the commission,” Ms Bourke said.

“It has been an unwelcome distraction from the ongoing work that was planned.

“The commission should not need to supervise the production of the state’s evidence through repeated direction hearings.

“The Victorian government must do better if we are truly to reckon with the injustice perpetrated against first peoples in this state.

“This requires the state to participate in truth telling.”

Commissioner Sue-Anne Hunter believes the quality of the government’s responses so far had been extremely disappointing. Picture: Brianna Young

Commissioner Sue-Anne Hunter said the quality of the government’s responses to the commission so far had been “extremely disappointing”.

“The information we’ve received to date has us concerned that full and truthful evidence will not be forthcoming,” she said.

“I want to confirm commissioners’ expectations that the evidence from April 6 onwards will meet the commitment made in the state protocol

“We have no issue as a commission to call, if required, further directions hearings to compel the state to live up to its commitment.”

Commissioner Travis Lovett said the inquiry was required to look at past and ongoing failures in Victoria, even if they were embarrassing for the state.

“The states overriding objective is to provide the commission with full and timely access to all relevant information, including information which is or would be ordinarily subject to a reasonable excuse claim,” he said.

“Any restrictions on the provision or use of materials should be as limited as possible.

“Have no doubt any unreasonable claims to withhold or heavily redact documents will be closely scrutinised.”

Georgina Coghlan KC, representing the state of Victoria said the state was committed to answering the detailed questions sent to government heads and ministers.

“The state appreciates that the timelines are tight and the state is committed to providing as timely response as is possible,” she said.

“In the event that unforeseen matters arise the state will reach out … But that does not detract from the commitment the state is making to be responsive and to be cooperative.”