Anti-Corruption Bodies

Question 1

Fair Work Commission (FWC) overview

Answer 1

• Australia’s workplace relations tribunal
• formed 2009 under Fair Work Act 2009
• purpose:
  
  • ensure fair work practices
  • resolve disputes b/w employers/employees

Question 2

FWC - roles

Answer 2

• Industrial Relations:
  
  • setting and varying industrial awards
• Enterprise Agreements:
  
  • approval and enforcement
• Unfair Dismissals:
  
  • hearing claims + determining outcomes
• Dispute Resolution:
  
  • facilitating resolution of workplace disputes
• Minimum Wages:
  
  • setting the national minimum wage

Question 3

FWC - Ombudsman

Answer 3

• Fair Work Ombudsman = independent statutory agency created by the Fair Work Act
• Powers include:
  
  • assessing complaints or suspected breaches
    of workplace laws, awards and registered agreements
  • litigating in some circumstances to enforce
    workplace laws and deter people from doing
    wrong in the community
• Fair Work Inspectors
  
  • Investigate/enforce compliance with Australia’s workplace laws

Question 4

FWC - CFMEU

Answer 4

• Fair Work Ombudsman has not pursued any new cases against the CFMEU since the FWO replaced the ABCC in December 2022

Question 5

Australian Building and Construction Commission (ABCC) overview

Answer 5

• estab 2005 (Lib), abolished 2012 (ALP), and re-established in 2016 (Lib)
• purpose: enforce workplace laws and promote lawful practices within the building and construction industry
• overseeing adherence to the Building Code
• provide info to employers/employees/unions about rights + obligations
• investigating alleged breaches of workplace laws + codes of practice
• taking legal action against individuals or organizations that breach workplace laws
• imposing penalties for non-compliance with the Building Code and other regulations
• reporting to Parliament on the state of compliance within building industry

Question 6

ABCC - Building Code

Answer 6

• set out the requirements for building contractors and industry participants:
  
  • fair and lawful treatment of workers
  • prohibition of unlawful industrial action
  • ensure safety/compliance on construction sites

Question 7

ABCC - abolishment

Answer 7

• ongoing legal matters currently before the courts previously run by the ABCC transferred to FWC
• ABCC and Building Code formally abolished, leaving the Fair Work Ombudsman (FWO) as the main workplace regulator for all industries and workplaces

Question 8

Royal Commissions (RC) overview

Answer 8

• public inquiry - investigate complex issues of significant public concern
• estab under Royal Commissions Act 1902
• report findings + make recommendations
• hold individuals, organizations, and government bodies accountable
• often → legal/policy reforms

Question 9

RC - powers

Answer 9

• subpoena witnesses
• require production of documents
• examine witnesses under oath
• right to access classified or sensitive government information
• power to enter premises, search, and seize evidence relevant to the inquiry

Question 10

Royal Commission into Trade Union Governance and Corruption (Mar 2014)

Answer 10

• Commissioner Dyson Heydon reported
  
  • “widespread and deep-seated” misconduct by union officials
• > 40 individuals + organisations referred to police, DPP, Aust - Securities & Investments Commission + Fair Work Commission
• HSU Cathy Jackson – fraud
• ACTU describing RC as a “$100 million waste of taxpayers’ money”

Question 11

Independent Commission Against Corruption (ICAC) NSW

Answer 11

• Investigation Powers
  
  • compel individuals to attend examinations and provide evidence or testimony under oath.
  • execute search warrants to gather evidence.
  • use surveillance devices with the appropriate warrants.
  • access to Financial Records including bank statements and transaction histories.
• Hearings
  
  • public - to investigate matters of public interest
  • Private - when necessary to protect integrity of the investigation or privacy of individuals
  • witnesses can be compelled to attend and testify at these hearings.
• Reports
  
  • Reports submitted to NSW Parliament, detailing findings and recommendations
  • Matters may be referred to Director of Public Prosecutions (DPP) for potential criminal charges
• Recommendations
  
  • changes to laws, policies, or procedures to prevent corruption.
    may recommend disciplinary actions against corrupt public officials/employees

Question 12

Independent Broad-based Anti-corruption Commission (IBAC) VIC

Answer 12

• Investigative Powers
  
  • compulsory examinations, where individuals must provide evidence or testimony
  • execute search warrants to gather evidence
  • authorised to use surveillance devices under warrant for investigations
  • issue orders requiring individuals or organizations to produce documents or other evidence
• Hearings
  
  • public - when it’s in the public interest and necessary to investigate serious corrupt conduct
  • private - to protect the integrity of investigations or the privacy of individuals
  • witnesses can be compelled to attend hearings and provide testimony under oath
• Reporting
  
  • report to the Victorian Parliament with findings and recommendations
  • public reports on investigations to inform the community about corruption issues
  • refer cases to the Director of Public Prosecutions (DPP) for potential prosecution
• Recommendations
  
  • changes to laws, policies, or procedures to enhance anti-corruption measures.
  • suggest disciplinary actions against public officials or employees found involved in corrupt activities

Question 13

National Anti-Corruption Commission (NACC) - timeline

Answer 13

• Liberals failed to set up anti corruption body
  
  • Scott Morrison promised to introduce an anti-corruption body at 2019 election
  • Morrison’s proposal criticised for not being transparent b/c anti-corruption body could not:
    
    • initiate investigations on its own
    • hold public hearings
    • make findings of corruption
• Labor set up National Anti-Corruption Commission in Nov 2022
  
  • independent body which may freely choose to investigate corruption
  • able to investigate members of Parliament and public officials if it is believed they:
    
    • adversely affect their own or another public official’s honesty or impartiality
    • breach public trust
    • abuse their office as a public official
    • misuse information they gained in their capacity as a public official

Question 14

NACC - overview

Answer 14

• Powers
  
  • retrospective
  • require Commonwealth information w/out a warrant
  • compel people/organisations to give NACC documents + allow NACC to search their property
  • covert investigation techniques such as intercepting telecommunications
• Hearings
  
  • NACC has the power to conduct hearings:
    
    • Privately – not open to the public
    • public hearings – if
      
      • in the public interest
      • ‘exceptional circumstances’ exist (this is a higher threshold than most state anti-corruption bodies)
• Compromise
  
  • ‘exceptional circumstances’ test = compromise b/w Liberal position that all NACC investigations should be private and those of the crossbench who support more public hearings.