The Office of the Australian Building and Construction Commission (ABCC) today released a report into the use of its compliance powers from 1 October 2005 to 31 December 2006.
The ABCC’s compliance powers enable the Commissioner or Deputy Commissioners to compel witnesses to attend examinations to give evidence, provide information or produce documents if they refuse to do so voluntarily.
The Report on the exercise of Compliance Powers by the ABCC from 1 October 2005 to 31 December 2006 reveals that the ABCC has conducted 41 examinations using the compliance powers since it was established on 1 October 2005.
According to the report, 15 examinations were held in each of Victoria and Western Australia, six in Tasmania, three in Queensland and two in New South Wales.
Compliance powers are used as a last resort where the Commissioner or Deputy Commissioner believes a person is capable of giving evidence relevant to an investigation. The powers are generally used where a witness has chosen not to provide evidence voluntarily to an investigation.
The report shows that use of the compliance powers is imperative for gathering information where investigations have stalled. Ten examinations carried out by the ABCC have so far been used in penalty proceedings. Investigations continue in respect of a further 15 examinations.
ABC Commissioner John Lloyd said today’s report reinforced the importance of these powers.
“The ABCC’s compliance powers have been a highly effective method of gathering evidence where some investigations have stalled.
“It is regrettable that some industry stakeholders continue to misrepresent the nature of these powers, which are similar to those held by other government agencies and statutory authorities such as the ACCC.
“All witnesses have a right to legal representation and various other protections under the Building and Construction Industry Improvement Act 2005. All examinations are conducted in private.”