Commissioner Stuart Wood KC has warned Michael De'Ath, the former director-general of Queensland's Office of Industrial Relations, that he could face a contempt finding after repeatedly professing an inability to recall crucial conversations at the inquiry into the state's CFMEU branch.
De'Ath has spent two days in the witness box. When questioned by counsel assisting Dimitri Ternovski over whether union pressure influenced departmental decisions, he struggled to recall crucial conversations, even when confronted with phone calls, emails and other correspondence.
Wood cited a High Court ruling that a professed inability to remember could amount to contempt if proven to be a deliberate refusal to answer. 'There's been crucial periods where one would expect the events that have been described by other witnesses would be very vivid in the mind of this witness,' Wood said. 'He professes an inability to recall but then, at other times, in matters that are much less serious, he seems to recall them with great ease.'
De'Ath's counsel, Emma Hoiberg, argued the memory lapses were not unexpected given the conversations dated back to 2022 and 2023 when he oversaw a vast government portfolio.
The contempt flag came at the end of Wednesday's marathon hearing. Earlier, De'Ath described the CFMEU's resistance to workplace safety reporting reforms as the 'most extreme obfuscation' of his career. He rated it a nine out of nine on a scale where the worst he might have encountered before was a three.
The union had refused to accept a plan to centralise safety complaints through a standard hotline number. Instead, it insisted on contacting deputy director-general Kym Bancroft directly. De'Ath told the inquiry this was 'completely inappropriate, actually quite reckless and incredibly unsafe'.
The inquiry also examined the redeployment of senior official Helen Burgess. Counsel assisting Ternovski asked De'Ath whether there was a perception within the department that Burgess was 'the CFMEU's person within the OIR'. De'Ath agreed it was the department's concern.
Phone records showed multiple calls and text messages between ousted CFMEU boss Michael Ravbar and De'Ath on the morning of August 5, 2022, followed by a call from De'Ath to Bancroft. Bancroft said De'Ath told her Ravbar was upset she had removed Burgess from her role.
De'Ath said he could not recall the call from Ravbar. Commissioner Wood questioned the claim. 'You don't recall Mr Ravbar ringing you about someone you've just employed for a week and a decision they've made?' Wood asked. 'It seems very unlikely to be true, Mr De'Ath.'
De'Ath insisted it was true. He previously told the inquiry Ravbar was 'out of control' during a meeting where De'Ath said Ravbar repeatedly insulted him, calling him a 'boofhead'.
Analysis
Why This Matters
- The possibility of a contempt finding escalates the inquiry's significance and raises questions about public service accountability.
- The allegations of union influence over a workplace safety regulator go to the integrity of Queensland's industrial relations system.
- The final findings could lead to major changes in how unions interact with government departments.
Background
The Commission of Inquiry into the CFMEU and Misconduct in the Construction Industry is examining alleged corruption and undue influence by the union's Queensland branch. This week's hearings have focused on an attempt by the Office of Industrial Relations in 2022 to reform how workplace safety complaints were handled, which De'Ath said was met with fierce resistance from the CFMEU.
Key Perspectives
Commissioner Stuart Wood KC: Flagged a potential contempt finding against De'Ath over his memory lapses, questioning whether his inability to recall was genuine.
Michael De'Ath (former director-general): Told the inquiry the CFMEU's actions were the 'most extreme obfuscation' of his career and amounted to a deliberate attempt to sabotage safety reforms. He took full responsibility for Kym Bancroft's dismissal.
Emma Hoiberg (Counsel for De'Ath): Defended her client's evidence, contending his inability to recall specific conversations was understandable given the passage of time and portfolio demands.
What to Watch
- Commissioner Wood's formal ruling on the potential contempt finding.
- The recall of former deputy director-general Peter McKay, whose testimony was delayed by De'Ath's lengthy appearance.
- Two further blocks of hearings scheduled before the end of the year.
Checked
12 claims in this story checked against 2 sources: 11 supported.
Show each claim
- Partly supportedDe'Ath described the hotline arrangement as “completely inappropriate, actually quite reckless and incredibly unsafe.”Sydney Morning Herald - Latest News: ““[It was] completely inappropriate and actually quite reckless … [and] incredibly unsafe,” De’Ath said.”
- SupportedCommissioner Wood warned De'Ath he could face a contempt finding.Just In: “At the end of Wednesday's marathon hearing, Commissioner Stuart Wood KC flagged a possible contempt finding against Mr De'Ath.”
- SupportedDe'Ath was warned after repeatedly struggling to recall crucial conversations at the inquiry.Just In: “A former department chief has been warned he could be found in contempt after repeatedly failing to recall key conversations at Queensland's CFMEU inquiry.”
- SupportedDe'Ath told the inquiry the union had made a deliberate attempt to sabotage the reforms.Just In: ““[It was] quite a deliberate attempt to sabotage a process that they clearly did not want.””
- SupportedWood said crucial events would be expected to be vivid in De'Ath's mind, while he seemed to recall less serious matters easily.Just In: ““There's been crucial periods where one would expect the events that have been described by other witnesses would be very vivid in the mind of this witness. “He professes an inability to recall but then, at other times, in matters that are much less serious, he seems to recall them with great ease.””
- SupportedWood cited a High Court ruling that professed inability to remember could amount to contempt if it were a deliberate refusal to answer.Just In: “He cited a High Court ruling that a "professed inability to remember" could amount to contempt if proven to be a "deliberate" refusal to answer questions.”
- SupportedHoiberg argued the memory lapses were not unexpected because the conversations dated to 2022 and 2023 and De'Ath oversaw a vast government portfolio.Just In: “Ms Hoiberg defended her client's evidence, arguing the conversations dated back to 2022 and 2023, when Mr De'Ath oversaw a vast government portfolio.”
- SupportedDe'Ath rated the CFMEU's resistance nine out of nine, saying the worst he had encountered before might have been three.Sydney Morning Herald - Latest News: ““If you had it on a scale of one to nine, the worst I would have encountered might be three. This is a nine.””
- SupportedThe union resisted a plan to channel safety complaints through a central hotline and instead insisted calls be made directly to Bancroft.Sydney Morning Herald - Latest News: “The inquiry heard former deputy director-general Kym Bancroft had proposed a system requiring unions to lodge complaints through a central 1300-number hotline, rather than contacting senior public servants directly. ... the CFMEU instead advised Bancroft calls regarding health and safety issues would instead be made directly to her.”
- SupportedDe'Ath agreed with Ternovski that there was a departmental perception Burgess was “the CFMEU's person within the OIR.”Sydney Morning Herald - Latest News: “Ternovski asked whether there was a perception within the department that Burgess was “the CFMEU’s person within the OIR”. “That was certainly our concern,” De’Ath said.”
- SupportedPhone records showed multiple calls and text messages between Ravbar and De'Ath on the morning of August 5, 2022, followed by a call from De'Ath to Bancroft.Sydney Morning Herald - Latest News: “Phone records presented to the inquiry showed multiple calls and text messages between Ravbar and De’Ath on the morning of August 5, 2022, followed by a call from De’Ath to Bancroft.”
- SupportedDe'Ath previously described Ravbar as “out of control” during a meeting where Ravbar repeatedly insulted him, including calling him a “boofhead.”Just In: “He recounted a heated meeting in which he claimed Mr Ravbar repeatedly insulted him, branding him pathetic, deluded and a "boofhead". ... Mr De'Ath replied: "Never in my entire career … Mr Ravbar was just out of control."”