03 December 2025
5 min read
#Construction, Infrastructure & Projects, #Royal Commissions & Commissions of Inquiry
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The Queensland Commission of Inquiry into the CFMEU and Misconduct in the Construction Industry (Commission) held its first block of public hearings in November, following an opening hearing on 1 October 2025.
These hearings are part of the Commission’s inquiry into the CFMEU in so far as it concerns the construction industry in Queensland. It is an independent inquiry which will investigate claims of misconduct related to the CFMEU and construction industry, and make recommendations to the Queensland Government. It was established after the release of the report ‘Violence in the Queensland CFMEU’ report by Geoffrey Watson SC, which uncovered alleged instances of coercion, bullying, intimidation and illegal practices within the Queensland CMFEU.
A second block of hearings have been announced and are scheduled to run between 2 and 4 December.
As the Commission is due to provide its final report to the Queensland Government by 31 July 2026, it is expected that further blocks of hearings will be announced in early 2026.
In running these hearings, the inquiry has been utilising its broad coercive powers to compel the production of evidence. This includes the power to summon a person to appear to give evidence before the Commission, as well as to produce documents to the Commission.
As the Commission’s primary role in this stage of the inquiry is to conduct factual investigations, the Commission has, and will continue to, issue requests for information and documents to a variety of private and public bodies, as well as individuals. The Commission may also conduct private hearings.
Interested parties who have not received a summons can also make a submission to the Commission. If the evidence in a submission is sufficiently notable, the writer of that submission may also be called to give evidence before the Commission.
Any entity or person receiving a notice must comply with it in full and with a view to openly assist and cooperate with the Commission. It is not uncommon for a notice to be addressed to the proper officer of a particular entity (such as the CEO or the company secretary). The response to the notice must be on behalf of that entity regardless of whether it is addressed to a specific person. Failure to comply with a notice may attract civil or criminal penalties. The obligations of the company or individual responding to the notice are set out in the Commissions of Inquiry Act 1950 (Qld) (Act).
As a first step, a company or individual should seek legal advice on the notice, including its scope and how to properly respond to it. The time to comply with a notice is usually short. The Commission has discretion to consider extensions of time, but extensions will only be granted in response to a genuine and valid request. This means that a proper explanation must be offered for why the company requires further time.
A statement produced in response to a notice should be comprehensive and frank and with a view to assisting the Commission in its inquiries. The receiver of the notice must make proper enquiries in preparing the statement. This means that even if the proper officer is asked questions not directly within their role at the company, they must make enquiries with the relevant persons within the organisation and inform themselves of these other facts. If a statement does not properly respond to the notice, the Commission may ask for a further statement or require the individual or a representative of the company to give evidence before the Commission.
If a company is required to produce documents, it has an obligation to produce books, documents, writings and records that are in its possession, custody or control. This requirement is broad, and captures information that is held by third parties, such as external accountants.
When responding to notices, companies should consider any privilege and confidentiality issues. This includes whether a document is subject to legal professional privilege (LPP). A company may make a claim not to produce part or all of a relevant document that falls into these categories on the basis that it has a reasonable excuse not to produce it. The Commission will consider this claim, and may hear submissions on it, before determining whether the company has a reasonable excuse not to produce that document. If a company disagrees with the Commission’s decision, it must make an application to the Queensland Supreme Court.
The privilege against self-incrimination is only available if the relevant legislation governing the inquiry has not abrogated it. In the subject Queensland inquiry, section 14 of the Act abrogates that privilege meaning that a full and frank disclosure must be made even if it may incriminate an individual or the company.
If a company is issued a notice to give a statement to the Commission, it should approach it as though it will be called to give evidence to the Commission. The evidence to be given at the Commission is usually defined by the parameters of the request, but given the Commission has broad powers in conducting the inquiry, it is possible the proper officer called to give evidence will be asked questions of issues arising from and incidental to, their statement.
Companies operating within the construction industry in Queensland should, if they have not done so already:
Given the broad scope of this inquiry, we expect that a range of companies, private and public bodies as well as individuals will be issued with requests for information and documents or called before the Commission.
Holding Redlich has extensive experience in representing individuals and organisations before Royal Commissions and other commissions of inquiry. If you have any questions on the contents of this article or the scope of this inquiry, please contact us here.
Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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