Yoorrook Justice Commission slams government over failures to meet its guidelines

The Andrews government has been accused of delaying and withholding key documents and failing in its responsibilities at a royal commission.

The Andrews government has been slammed by Victoria’s powerful truth telling inquiry, with the state accused of delaying and withholding documents and failing its responsibilities.

Lawyers for the state were on Monday forced to apologise and admit their efforts had failed the standard expected for a royal commission.

The Yoorrook Justice Commission was scheduled to interview government witnesses this week about historical and ongoing issues with the justice and child protection systems for Aboriginal Victorians.

But it is now feared it could be delayed by as much as a month because the state has failed to meet its deadline for hundreds of documents needed for the hearings.

The inquiry has the powers of a royal commission and the government was on Monday hauled before the commission to explain the delay.

Indigenous performers perform the welcome to country during a smoke ceremony prior to the state funeral service for Uncle Jack Charles Picture: Asanka Ratnayake/Getty Images)

Counsel assisting the commission, Sarala Fitzgerald, said the state had been given significant time and had not sought an extension until they were already late.

She said the documents were vital because they included statements from government ministers that needed to be cross examined.

“It is obviously not ideal for counsel assisting to be cross examining senior officials without yet knowing what their ministers have to say on the relevant issues,” Ms Fitzgerald told the inquiry.

She said there had been significant work at the start of the commission to set up a protocol on how the state would work with the inquiry.

This included a commitment to provide information in a full and timely way and to limit any efforts to restrict access to documents.

“We are yet to see that,” Ms Fitzgerald said.

Acting Victorian Premier James Merlino announced the Yoorrook Justice Commission in 2021. Picture: NCA NewsWire / David Crosling

A smoking ceremony at the announcement. Picture: NCA NewsWire / David Crosling

Georgina Coghlan KC, representing the state of Victoria, said the government had been overwhelmed by the need to prepare 30,000 pages of documents, with sensitive material, at the same time as talking to their witnesses.

She said the government had provided staff to engage with the commission but this had not been enough.

“The resources were thought to be sufficient but proved not to be in the context of doing the work with the notices alongside the witness preparation,” Ms Coghlan said.

“It’s been doing those two things together that have challenged the resourcing.”

Commissioner Sue-Anne Hunter asked if the government would respond this way to another typical royal commission.

“No, and it shouldn’t be,” Ms Coghlan said.

“The context of the lack of response here is not a sign of disrespect, it is not a sign of lack of commitment.

“It is simply sign of trying to produce and not being able to do that.”

Commissioners of the Yoorrook Justice Commission (left to right): Professor the Honourable Kevin Bell AM QC, Distinguished Professor Maggie Walter, Chair Professor Eleanor Bourke, Dr Wayne Atkinson and Sue-Anne Hunter.

Yoorrook Chair Professor Eleanor Bourke was scathing of the government’s efforts with the commission so far.

“The state’s response over the past few weeks demonstrates a fundamental misunderstanding of the truth telling process,” she said.

“It is more business as usual rather than engaging with First Peoples in the spirit of openness required for Victoria to truly reckon with the injustice perpetrated.

“The state must also engage in truth telling.

“This means not falling back on legal process to avoid truth telling about the treatment of First Peoples under key policies and programs.

“The state must be willing to provide the materials required for a proper accounting of current laws, policies and practices that perpetuate these injustices and do so in a timely way.”

Commissioner Kevin Bell also slammed the government’s work so far.

He said child protection and justice were key issues for Aboriginal Victorians and the premier’s letter setting up the commission had acknowledged this and called for bold conversations.

“The state doesn’t get to frame the issues, Yoorrook frames the issues,” Mr Bell said.

“I don’t think that the (government) submissions go anywhere near to meeting those expectations.

“This is nowhere near sufficient to for us to live up to the expectations that we have, which the community have and which I think the premier has.

“I would ask that the content of these submissions from the state’s point of view in relation to these to these two areas be reconsidered.”

After the scathing remarks, the commission granted the government a brief extension of time is set to return April 4.

Yoorrook is now under significant time pressure to move forward with this process in time for an interim report to be published June 30.