Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Hansard source

When the investigation is finalised, the report will be given to the general manager of Fair Work Australia. This is entirely a matter for Fair Work Australia. I note that they released a public statement on 27 January to confirm that the investigation was nearing its conclusion.

In answer to the questions about incompe­tence, I highlight that this is a complex investigation about the financial reporting of a large organisation. Fair Work Australia has publicly said there are over 6,000 documents involved. We know that other independent investigatory agencies, such as the ATO and ASIC, have on occasion taken long periods to work through complex investigations.

I turn now to the question of the release of the report. It is for Fair Work Australia to decide whether its report should be made public based on proper administrative law principles. Fair Work Australia will no doubt consider all relevant legal matters in deciding whether to release its report and whether such a release may be prejudicial to any further proceedings. Although there may be an expectation that Fair Work Australia's investigation will lead to sanctions for any individuals who have been found to have misused union funds, such sanctions may flow from related criminal investigations conducted by the police. Doesn't the opposition realise they could potentially prejudice this case if Fair Work Australia's investigation leads to a criminal investigation? Is this what you really want?

The principle of natural justice requires that a fair and proper procedure be used when making a decision. It is entirely appropriate for an independent authority such as Fair Work Australia to be able to conduct their investigations free of political pressure. They are an independent authority and should be allowed to conduct their investigation accordingly. It is time that the opposition stopped grandstanding on this matter and let Fair Work Australia do their job. It is appropriate to let this investigation conclude. The opposition should stop throwing mud and instead focus on what is important to the Australian public.