Today the ABCC released its seventh report on the use of its compliance powers.
The compliance powers have been used a total of 183 times - 176 compulsory examinations and 7 notices to produce documents.
The report reveals that of the 176 examinations 104 were in Victoria, 40 in Western Australia, 19 in Queensland, six in Tasmania, four in New South Wales and three in South Australia.
In the six month period to 30 September 2009, 14 proceedings have been commenced before the courts where examinations were used as part of the related investigation. A number of these proceedings have seen settlements reached before trial. This suggests that examinations contribute to a thorough investigation, which in turn provides a firm basis for legal proceedings.
ABC Commissioner John Lloyd commented that the compliance powers are used as a last resort, when all other avenues to obtain information have been exhausted, or when a witness requested to give evidence pursuant to the powers.
“The power has assisted in breaking a code of silence that in the past thwarted many investigations. The ultimate goal is to engender a fairer, more productive and efficient industry,” Commissioner Lloyd said.
The ABCC regularly reports on the use of the compliance powers. For access to the current and previous reports go to: ABCC Compliance Powers Reports
For further information about the ABCC’s compliance powers see: Compliance Powers of the Australian Building and Construction Commissioner