Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

asked the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, upon notice, on 1 November 2011:

In relation to section 335 of the Fair Work (Registered Organisations) Act 2009: (1) How many written notices requiring evidence and documents have been given and of these how many have been complied with. (2) In relation to any instances of non-compliance under this section what actions have been taken by Fair Work Australia (FWA). (3) Has FWA sought external legal advice on the operation of these provisions; if so, with what results, from whom was that legal advice sought and at what cost. (4) Having regard to the powers which have been conferred on other regulators, does FWA believe its investigation powers under section 335 are sufficient to allow it to discharge its duties as supervisor of trade unions and employer associations. (5) Is FWA aware that other Commonwealth agencies with investigation and information gathering powers report on the use of such powers in their annual report to Parliament, and will FWA provide such information to Parliament in future annual reports.

Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Link to this | Hansard source

The answer to the honourable senator's question is as follows:

(1) (i) Fifteen written notices requiring evidence and documents have been given. (ii) No answer is provided as to the question of how many of these notices have been complied with.

Consistent with the Senate's Order of 13 May 2009 governing the raising and treatment of claims of public interest immunity in committee proceedings, FWA considers the provision of information would be harmful to the public interest. FWA is of this view for the following reasons.

This part of the question seeks information including information relating to ongoing investigations. Disclosure of information sought during the period of the conduct of an inquiry or investigation may prejudice any future legal proceedings in relation to contraventions found to have occurred. Disclosure of the information requested could potentially prejudice any investigation into any non-compliance with such notices.

(2) Consistent with the Senate's Order of 13 May 2009 governing the raising and treatment of claims of public interest immunity in committee proceedings, FWA considers the provision of information would be harmful to the public interest. FWA is of this view for the following reasons.

This question seeks information including information relating to ongoing investigations. Disclosure of information sought during the period of the conduct of an inquiry or investigation may prejudice any future legal proceedings in relation to contraventions found to have occurred. Disclosure of the information requested could potentially prejudice any investigation into any non-compliance with such notices.

(3) FWA has sought external legal advice from the Australian Government Solicitor to assist with the conduct of current investigation as a whole. The advice would in part have dealt with the operation and preparation of written notices under section 335 of the RO Act. It is not possible to separately identify the cost of legal advice sought from the Australian Government Solicitor specifically in relation to the operation and preparation of written notices under section 335 of the RO Act.

(4) FWA has not to date undertaken a comparative assessment or analysis of the powers conferred on other regulators as against the investigation powers under section 335 of the Fair Work (Registered Organisations) Act 2009.

(5) FWA is aware that some Commonwealth agencies with investigation and information gathering powers report on the use of such powers in their annual report to Parliament. FWA will review what information is included in future annual reports.