Keith Jackson
There’s a disturbing report in today’s Sydney Morning Herald which tells of a bystander who, having observed a minor scuffle at a Melbourne building site, was kept incommunicado and interrogated for several hours by agents of the federal building industry watchdog, the Australian Building and Construction Commission.
The bystander, described by reporter Andrew West as “a mild-mannered academic from the University of Melbourne”, was walking past the site on the Yarra River when he witnessed a scuffle between a union official and a building manager. The two men pushed each other and grabbed at each other's shirts. The witness was tracked down and detained for some hours of secret questioning.
A commission spokeswoman said it was the first time a person not connected with a building company or a union had been subjected to these extraordinary powers. The law gives the commission the authority to question people - with or without a lawyer present - overriding the right to silence. Witnesses cannot reveal the contents of the interview, even to their spouses, and risk up to six months in jail if they breach the law.
These are disturbing powers in a democracy and it is even more disturbing that they were exercised in such a hostile and dictatorial way.
Earlier this year Jackson Wells was commissioned by the Australian Constructors Association to prepare a report on the impacts of recent changes in legislation affecting the building and construction industry. The report was released publicly in August. Among many other issues, it looked at how the industry regards the commission, which employs the agents who rode roughshod over the civil liberties of an innocent man strolling along the Yarra bank.
Overwhelmingly (35 to one), irrespective of the experiences they had, the people we talked with believed the establishment of the commission was an excellent initiative. A number had negative experiences but said these were outweighed by the benefits flowing from the Commission’s work. “They are needed,” said one respondent. “They are dealing with people who are prepared to use violence. It’s a bit like bringing the posse into town.”
But there was also a view that, worthwhile as it is, the commission can be overzealous. One person commented: “Hearings are secret. Some people are more frightened of the commission then they are of the union. Some commission staff are pretty scary.” Another said: “The commission is becoming aggressive like the unions used to be”.
In our report, based on the interviews we did, we offered a plan for improving the commission’s operations, which included these points:
▪ Improve the industry understanding of its agents. “They need employees who have a better understanding of the industry and of industrial matters”.
▪ Adopt a less aggressive approach. “They should be more conciliatory and less threatening”.
▪ Agents should be more visible. “They ought to be out and about on building sites more and be a more visible presence”.
▪ The commission needs to make an effort to communicate better. “They need some good PR. They are seen as heavies and the meetings are held in-camera. There’s some denial of some of the normal legal processes”.
Some good advice there – to which could be added the design of a training course in ‘Discretion, Moderation and Appropriate Behaviour’.
Sources:
‘Even bystanders feel building watchdog's bite’ by Andrew West, Sydney Morning Herald, 15 December 2007
‘Four Years On: A report on changes following reforms flowing from the Building & Construction Industry Royal Commission as observed by managers, superintendents and sub-contractors’ prepared by Jackson Wells Morris for the Australian Constructors Association, August 2007
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