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

asked the Minister representing the Minister for Employment and Workplace Relations, upon notice, on 25 June 2012:

In regard to the Fair Work Australia (FWA) investigation into the Health Services Union and the Government's response: (1) What is the policy justification for allowing FWA to wholly outsource inquiries that it has been asked to conduct. (2) Does the Minister agree that FWA cannot cooperate with police. (3) With reference to a letter from a Detective Sergeant of the Victorian Fraud and Extortion Squad, which stated that FWA's advice was based on 'misconceived understanding', does the Minister believe FWA can cooperate with police; if not, why not.

Joe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

The Minister for Employment and Workplace Relations has provided the following answer to the honourable senator's question:

(1) The Fair Work (Registered Organisations) Amendment Act 2012 (the Amending Act) amended the Fair Work (Registered Organisations) Act 2009 (the RO Act) to provide that the General Manager (GM) of Fair Work Australia (FWA) can delegate her or his inquiry or investigation powers under sections 330, 331, 332 and 333 to a member of FWA staff who is an SES employee or acting SES employee or to any other person or body that the GM is satisfied has substantial or significant experience or knowledge in accounting, auditing, financial reporting or conducting compliance audits or investigations.

This amendment will ensure that, where necessary, the GM is able to utilise a range of skills and qualifications which may not be readily available in FWA in conducting his/her investigation and inquiry function. However, a number of safeguards are included to ensure accountability where the inquiry or investigation function is delegated, for example whilst the delegate of the GM will be able to obtain information in the same way as the GM, a notice to produce or attend to provide information will only be able to be issued by the GM or a Senior Executive Service employee. Further, the decision as to whether to take further action following an investigation will remain with the GM.

(2) and (3) Following the passage of the Amending Act there is now no doubt that the GM can disclose certain information to relevant law enforcement agencies. In this regard the Amending Act:

(a) inserted an explicit power for the GM to disclose information obtained during an investigation that is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or Territory; and

(b) amended paragraph 336(2)(c) of the RO Act to explicitly provide that following an investigation the GM of FWA can refer a matter to police for action in relation to possible criminal offences.

Prior to these amendments legal advice provided by the Australian Government Solicitor to the GM, which was publicly released by the GM, raised doubts as to the extent to which she could refer material to police.