First witnesses are set to testify before Victoria’s construction industry royal commission today, as counsel assisting Chris Young KC expressed sharp dissatisfaction with some parties, including the government, over delays in producing documents.
The commission's two-week hearing block will focus on the Gap Road level crossing removal project in Sunbury, specifically examining events of June 2022 when the CFMEU effectively muscled its way onto the project within the $109 billion Big Build program.
The live coverage cited warnings that the union’s behaviour concerning traffic controllers alone could add more than $400 million to the cost of a major project.
Mr Young told the commission it was “extremely concerning” that some parties “have not complied with the terms of notices to produce or produce documents outside agreed deadlines.” He said the commission had been informed, on behalf of some state parties, that delays had been incurred because of the need for approval from government committees, processes or persons under internal government policy.
“In our submission as council assisting, that is not a reasonable excuse to delay production,” Mr Young said. He stressed that compliance “is necessary. It is not optional.” Mr Young warned that further delays “may undermine the work of the commission and require further steps to be taken, including recalling the witnesses if those delays continue to occur.”
Analysis
Why This Matters
- The Big Build is a $109 billion state infrastructure program. The commission's ability to investigate alleged union misconduct and cost blowouts is a major political and public interest issue in Victoria.
- Government cooperation is essential for the inquiry to function. A breakdown in compliance could weaken the commission's ability to gather evidence and undermine the strength of its findings.
- The outcome could reshape how major construction projects are managed and policed in the state.
Background
Victoria's Big Build is the state's long-running, multi-billion-dollar infrastructure program. The royal commission was established to investigate allegations of misconduct, including the influence of the CFMEU, which has been accused of wielding undue control over projects. The first block of hearings is examining the CFMEU's actions at the Gap Road level crossing project in Sunbury in 2022.
Key Perspectives
Chris Young KC (Counsel Assisting): Rejects the government's explanation for the delays, arguing internal approval processes do not constitute a reasonable excuse and warning that non-compliance may force the commission to take further steps, including recalling witnesses.
State government parties: Have explained that the delays are due to the need to receive approval from government committees and processes in accordance with internal government policy.
What to Watch
- Whether the government swiftly complies with the demand for document production.
- The content of the first witness testimony regarding the specific events at Gap Road.
- Whether the commission escalates its response if document delays persist.
Checked
10 claims in this story checked against 1 source: 10 supported.
Show each claim
- SupportedCounsel assisting Chris Young criticised delays in producing documents as the first witnesses were due to testify.WA Today - Latest News: “He noted that the commission’s staff working with the various parties who had received notices to produce material under the inquiry’s sweeping powers which make it an offence to fail to comply. But he expressed some pretty sharp dissatisfaction with the response from some quarters including the government.”
- SupportedThe commission was set to call its first witnesses to testify that day.WA Today - Latest News: “The commission has flagged that it will call its first witnesses to testify today.”
- SupportedYoung said internal government approval processes were not a reasonable excuse for delaying production of documents.WA Today - Latest News: “In our submission as council assisting, that is not a reasonable excuse to delay production.”
- SupportedYoung warned that further delays may undermine the commission’s work and could lead to witnesses being recalled.WA Today - Latest News: “further delays may undermine the work of the commission and require further steps to be taken, including recalling the witnesses if those delays continue to occur.”
- SupportedYoung said it was “extremely concerning” that some parties had not complied with notices or agreed document deadlines.WA Today - Latest News: “It is extremely concerning to us as council assisting that some parties have not complied with the terms of notices to produce or produce documents outside agreed deadlines.”
- SupportedYoung said compliance “is necessary. It is not optional.”WA Today - Latest News: “We raise these matters now to highlight at the start of this hearing block that compliance with these notices is necessary. It is not optional”
- SupportedThe commission’s hearing block was two weeks long and focused solely on the Gap Road level crossing removal project in Sunbury.WA Today - Latest News: “this two-week hearing block will focus solely on the Gap Road level crossing removal project in Sunbury.”
- SupportedThe inquiry was examining events from June 2022, when the CFMEU effectively muscled its way onto the project and into the Big Build program.WA Today - Latest News: “it will be looking at the events of June 2022, when the CFMEU effectively muscled its way onto the project and into the heart of the $109 billion Big Build program.”
- SupportedThe Big Build program was valued at $109 billion.WA Today - Latest News: “the $109 billion Big Build program.”
- SupportedLive coverage cited warnings that the CFMEU’s behaviour concerning traffic controllers alone could add more than $400 million to the cost of a major project.WA Today - Latest News: “warnings that Jacinta Allan’s department sought to deliver in 2022 and 2023 about how the CFMEU’s behaviour just on traffic controllers could add more than $400 million to the cost of major project”