Yoorrook Justice Commission: Victorian government slammed for missed deadlines

A truth-telling inquiry has further condemned one state’s failure to meet expectations, listing 178 questions that have gone unanswered.

The Victorian government has been slammed as “extremely disappointing” by the Yoorrook Justice Commission after it failed to meet document production deadlines.

Commissioner Maggie Walter expressed her frustration with the state during Tuesday’s directions hearing, saying she was “at a loss as to why we just don’t have the answers to the questions”.

Led and designed by First Peoples and holding the legal powers of a royal commission, Yoorrook is the state’s Indigenous truth-telling inquiry into past and ongoing injustices against First Peoples in Victoria.

In a special direction hearing held on March 27, lawyer for the commission Sarala Fitzgerald confirmed 178 questions sent to the government in February from the commission had not been answered.

Extensive delays by the state have forced the commission 'to dismantle its original timetable'. Picture: Brianna Young/Yoorrook Justice Commission

Yoorrook received a response from the Department of Justice and Community Safety in mid-March in which the 71 questions within the department’s area of responsibility were not sufficiently answered.

On Tuesday, the commissioners each expressed their concern at the delays in the timely presentation of evidence and its impacts on the “hearts and souls” of Victoria’s First Peoples.

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

“The quality of information is extremely disappointing.”

Counsel representing the Victorian government Georgina Coughlan KC apologised for the government’s failure to meet the commission’s deadlines, citing the “incredible amount of work” required.

“I understand (it took) weeks if not months of work,” Ms Coughlan said.

“But it is accepted that it doesn’t answer the questions directly.

“The wrong decision was made by those who have the authority to do it, insofar as it hasn’t satisfied the commission’s inquiry.”

Commission chair Eleanor Burke said on Tuesday 'the Victorian government must do better'. Picture: Brianna Young/Yoorrook Justice Commission

Commission chair Eleanor Burke went on to criticise the government for the “significant inconvenience” it had caused and its “unwelcome distraction from the work that was planned”.

“Whether the commission can now get back on schedule, make up time and deliver our critical issues report on time sits squarely on the state for full co-operation,” she said.

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

“(We are) disappointed with the open-ended approach that has been suggested.”

On Tuesday, the commission moved the deadline for its second interim report from June 30, 2023 to August 31, 2023, with a further interim report to be delivered by December 31, 2024.

The commission also agreed to a 12-month extension for its final report to June 30, 2025.

Commissioner Travis Lovett took the opportunity to re-emphasise the importance of the process to Victoria’s First Peoples and “also how important this process should be to the state”.

“Any unreasonable claims to withhold or redact documents will be closely scrutinised,” he said.

“(Our people are) putting their hearts and souls on the line to come and tell their truth – it needs to be reciprocated by the state.”