Internal police reports on systemic racism and confidential ministerial briefings on bail reform are among the thousands of documents the state government is withholding from Victoria's Indigenous truth-telling inquiry.
In a special direction hearing held at the Yoorrook Justice Commission on Monday, lawyers for the commission detailed how the state government had failed to meet deadlines, adequately respond to questions and produce documents.
The Yoorrook Justice Commission is Victoria's Indigenous truth-telling process.
It has the legal powers of a royal commission but is led and designed by First People to document past and ongoing injustices against Indigenous peoples in Victoria.
Lawyer for the commission Sarala Fitzgerald said the government's failure to comply with Yoorrook's orders was holding back the important work of the commission, forcing it to reschedule hearings.
"Serious compliance concerns with the commissioners mean we are unable to proceed with the hearings today," she said.
"We were unable to proceed with the hearings last week."
"And it has put the hearings we have planned for this week, and the week immediately following Easter, in jeopardy."
Questions left unanswered
Ms Fitzgerald told the hearing that 178 questions from the commission sent to the government in mid-February had not been answered.
In mid-March, more than a fortnight overdue, Yoorrook received a response from the Department of Justice and Community Safety that did not answer relevant questions.
"The material provided did not provide direct answers to any of the 71 questions asked that were within the department's area of responsibility," Ms Fitzgerald said.
Requested documents the government is yet to produce include details around police oversight and complaints, briefings on the impacts of 2018 bail reforms which disproportionately criminalised Aboriginal people, as well as contemporary reports on systemic racism within the police force.
The government's failure to provide documents and answer relevant questions angered the commissioners.
"The state doesn't get to decide which questions it will answer. Yoorrook asks questions and the state answers questions," commissioner Kevin Bell said.
"We did ask those 71 questions because we wanted them answered," commissioner Maggie Walter, said.
"To say we are extremely disappointed in the response so far from the state is an understatement," commissioner Sue-Anne Hunter said.
"We expect more for our people."
Commission criticises lack of acknowledgement to country
Counsel representing the Victorian government Georgina Coughlan KC apologised for the Victorian government's failure to meet Yoorrook's expectations and for missing deadlines regarding requests to produce evidence.
Ms Coughlan said the government had been overwhelmed with the scope of the requests, which was the equivalent of 2,000 or 3,000 documents, or around 30,000 pages.
"We just haven't been able to do it in time," she said.
"That is not because of lack of genuine commitment to the commission's work, it is not because the state is trying to be uncooperative or unresponsive."
"[The state] apologises to the commission for the delay."
She said the volume of the work and tight deadlines were complicated by the fact that many documents the government has been asked to produce contained sensitive information requiring legal review.
During the hearing, Ms Coughlan was pulled up by a commissioner for failing to acknowledge country.
"As a custom, our people acknowledge country and the state appearing before us today are still yet to hear an acknowledgement of country," Commissioner Travis Lovett said.
The hearing had to be briefly adjourned for Ms Coughlan to seek advice before she gave an acknowledgement.
Another issue which appeared to frustrate the commissioners was the government's failure to seek extensions when they were clearly struggling to meet the inquiry's demands and let the deadlines pass instead.
Commissioner Sue-Anne Hunter asked Ms Coughlan if that was how the government would respond to other royal commissions.
"No … no and it shouldn't be," Ms Coughlan said.
Government given extension to comply with orders
The commission agreed to provide the government with an extension until April 6 to produce required documents and answer required questions.
Failure to produce documents to Yoorrook without a reasonable excuse could constitute an offence, although the commission did not indicate it was exploring sanctions yet.
Yoorrook is due to produce its next report on the criminal justice and child protection systems on June 30.
It has previously requested an extension of time but had not received a response.
The government indicated in Monday's hearing it would be looking to approve a time extension.
Commission chair Eleanor Burke said it was fundamental that the state government cooperate with Yoorrook, including by providing evidence on ongoing systemic injustices perpetrated by the state.
"The state's response over the past few weeks to Yoorrook's request for documents, to me demonstrates a fundamental misunderstanding of the truth-telling process," the Wergaia/Wamba Wamba elder said.
"It is more business as usual."
"The state must engage in truth-telling and not use legal process to avoid the truth about the treatment of First Peoples."
