Office of the Australian Building and Construction Commissioner

The ABCC is accountable for its use of the compliance power. The Report on the Exercise of Compliance Powers by the ABCC (the Report) is released every six months. The latest report covers the period 1 October 2005 until 31 March 2008.

In summary, the ABCC has conducted 85 examinations across Australia. Eighty-four percent involve the investigation of incidents in Victoria and Western Australia. A breakdown by state reveals that 52 examinations were conducted in Victoria, 19 in Western Australia, six in both Queensland and Tasmania and two in New South Wales.

The Report highlights that in the absence of the power, investigations would have stalled because of a lack of evidence.

ABC Commissioner John Lloyd said, "Some people engaged in the industry choose not to provide information to the ABCC on a voluntary basis. Others prefer to give evidence pursuant to the power because they fear retribution if they are seen to be cooperating with an ABCC investigation."

From the 85 examinations conducted to date, evidence gathered from:

 17 examinations were critical in bringing proceedings before the Courts.

 5 examinations led to the ABC Commissioner’s s67 Non-Compliance Report regarding the 'Blue Flu' incident

 41 examinations are assisting ongoing investigations

 22 examinations assisted the ABCC in coming to a decision not to commence proceedings.

The Report notes two challenges to the ABCC’s compliance powers have been taken to the Federal Court. Both challenges to the ABCC’s powers were unsuccessful.