ABC Commissioner Leigh Johns has released a guidance note detailing the ABCC Litigation Policy, setting out guidelines to be followed by the ABCC when commencing civil legal proceedings.
Commissioner Johns said the policy will contribute to the facilitation of fair and productive building and construction work, by ensuring an open and consistent approach to litigation.
‘The decision to institute or continue civil penalty proceedings is an important one, and careful consideration is given to each matter,’ said Commissioner Johns.
‘The ABCC Litigation Policy is a public document which sets out the relevant guidelines for determining whether it is appropriate to institute litigation, or continue that litigation.
‘The main purpose of the policy is to promote consistency in the making of the various decisions which arise in the institution and conduct of civil penalty litigation by the ABCC.
‘The policy also serves to inform the public, building industry participants, stakeholders and practitioners of the principles which guide the decisions made by the ABCC.’
While the policy is a first for the ABCC, it is substantially based on the prosecution policy of the Commonwealth and is consistent with the litigation policy of the Fair Work Ombudsman.
The 20-point policy considers factors including the nature of evidence that has been obtained and public interest considerations.
The policy outlines and defines possible outcomes from an ABCC investigation, including the commencement of a legal proceeding, the giving of an undertaking by the wrongdoer, issuing a letter of caution, or no further action.
‘This policy makes public current practices – it does not change them,’ said Commissioner Johns.
‘Litigation is one of several tools to bring about compliance with building industry laws; this policy will ensure there is consistency in determining when it is the preferred course of action.’
The ABCC litigation policy can viewed at www.abcc.gov.au.