Appointment of Commissioner for the commission to conduct an inquiry into the Australian Building Construction Employees’ and Builders Labourers’ Federation has been or is engaged in activities contrary to a law of the Commonwealth

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004Q01007 In force Prerogative Instrument

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“COMMONWEALTH OF AUSTRALIA

ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:

TO John Spence Winneke Q.C.

GREETING:

WE DO by these Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and in pursuance of the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and other enabling powers, appoint you to be, on and from 20 August 1981, a Commissioner to inquire, for the purpose of the exercise and performance of the powers and functions of the Parliament and Government of the Commonwealth, whether the Australian Building Construction Employees’ and Builders Labourers’ Federation (hereinafter referred to as “the Federation”) or any officer or member of the Federation, in the course of or in relation to the affairs of the Federation, has been or is engaged in activities contrary to a law of the Commonwealth.

AND, without restricting the scope of your inquiry, We direct you, for the purposes of your inquiry, to give particular attention to the following questions:

(a) whether any executive, administrative or other body forming part of, or established by, or associated with, the Federation has been used, or is being used, for the purposes of activities contrary to a law of the Commonwealth;

(b) whether the Federation or any of its officials or members have been or are engaged in demanding or receiving directly or indirectly any payment, reward or other benefit or in causing any payment, reward or other benefit or in causing any payment, reward or other benefit to be received by any other person (other than in the ordinary course of commercial dealing or pursuant to a contract of employment in respect of work actually performed or to be performed) from employers or other persons and, if any payment, reward or benefit has been made or given -

(i) the persons by whom and to whom any such payment, reward or benefit has been made or given;

(ii) the reasons for or the purpose of any such payment, reward or benefit;

(iii) the subsequent or proposed use or disposal of any such payment, reward or benefit;

(c) whether the Federation or any officers or members of the Federation have engaged in activities contrary to a law of the Commonwealth in relation to the election or appointment of officers of the Federation or the conduct or purported conduct of the Federation’s affairs.

AND We direct you to make such recommendations arising out of your inquiry as you think appropriate, including recommendations regarding the legislative or administrative changes, if any, that are necessary or desirable:

AND We further direct that any finding that the Federation or any officer or member of the Federation has engaged in conduct amounting to a criminal offence be made only on evidence, admissible in a Court of Law, sufficient to place the Federations, officer or member on trial for that offence.

AND We declare that you are authorised to conduct your inquiry into any matters under these Our Letters Patent in combination with any inquiry into the same or related matters that you are directed or authorised to make by any Commission issued, or in pursuance of any order or appointment made, by any of Our Governors of the States:

AND We require you as expeditiously as possible to make your inquiry and not later than 28 February 1982 or such later date as We may be pleased to fix, to furnish to Our Governor-General of the Commonwealth of Australia a report of the results of your inquiry and your recommendations.

WITNESS His Excellency the Right Honourable Sir Zelman Cowen (Knight of The Order of Australia, Knight Grand Cross of The Most Distinguished Order of Saint Michael and Saint George, Knight Grand Cross of The Royal Victorian Order, Knight of The Most Venerable Order of the Hospital of Saint John of Jerusalem, one of Her Majesty’s Counsel learned in the law), Governor-General of the Commonwealth of Australia (and Commander-in-Chief of the Defence Force).

Dated this twentieth day of August 1981.

(Signed) Zelman Cowen
Governor-General

By His Excellency’s Command

(Signed) P. Durack
The Attorney-General
for and on behalf of the
Prime Minister.

Overview

The Royal Commissions Act 1902 was enacted in 1902 to establish the legal framework for the appointment of royal commissions in Australia, allowing the Governor-General, on the advice of the Federal Executive Council, to appoint commissioners to inquire into matters of public importance. The legislation was introduced to address the need for thorough investigations into significant issues affecting the Commonwealth, ensuring that any findings or recommendations made by the commission are based on sufficient evidence to support potential legal proceedings. This Act empowers the commissioners to conduct comprehensive inquiries and make recommendations for legislative or administrative changes deemed necessary or desirable. The policy objective of this legislation is to provide a robust mechanism for investigating complex matters of public concern, ensuring that the findings are reliable and can be acted upon effectively.

Scope and Application

This legislation, in the form of letters patent issued by the Governor-General of the Commonwealth of Australia, appoints John Spence Winneke Q.C. as a Commissioner to conduct an inquiry into activities of the Australian Building Construction Employees’ and Builders Labourers’ Federation (referred to as "the Federation") to ascertain whether any activities contrary to Commonwealth law have been undertaken. The inquiry is broad and focuses on several key areas, including whether any part of the Federation has been used for illegal activities, if there have been improper demands for payments or benefits from employers or others, and whether there have been unlawful actions in relation to the election or appointment of officers or the conduct of the Federation’s affairs. The Commissioner is tasked with making recommendations for legislative or administrative changes based on the findings, with any findings of criminal conduct being limited to evidence sufficient for a trial. The scope of the inquiry is not restricted to Australia but can be combined with other inquiries as needed, and the Commissioner is required to submit a report by 28 February 1982 or another date set by the Governor-General.

Key Provisions

The main operative sections of this legislation (C2004Q01007) establish the scope and purpose of the inquiry, as well as the authority of the Commissioner, John Spence Winneke Q.C. Section 2 appoints John Spence Winneke as a Commissioner to investigate whether the Australian Building Construction Employees' and Builders Labourers' Federation, or any of its officers or members, have engaged in activities contrary to a law of the Commonwealth. Section 3 directs the Commissioner to focus on specific issues, such as the use of executive, administrative or other bodies for unlawful activities, demands or receipt of payments or benefits not related to employment or commercial dealings, and unlawful conduct in relation to the election or appointment of officers or the conduct of the Federation's affairs. Section 4 authorises the Commissioner to make recommendations for legislative or administrative changes as a result of the inquiry. Section 5 ensures that any finding of criminal conduct must be based on admissible court evidence. The obligations and requirements imposed by the Act on the parties it governs are primarily directed at the Commissioner, John Spence Winneke. Section 2 requires him to conduct the inquiry expeditiously and submit a report by 28 February 1982 or a later date specified by the Governor-General. Section 3 directs the Commissioner to pay particular attention to the specified questions during the inquiry. Section 4 requires the Commissioner to make recommendations for legislative or administrative changes based on the findings of the inquiry. Section 5 ensures that any finding of criminal conduct must be supported by admissible court evidence. The legislation does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, the nature of the inquiry and the potential findings could lead to legal action if unlawful activities are uncovered. The maximum penalties for any criminal offences identified during the inquiry would depend on the specific laws that were contravened. The Act itself does not impose penalties, but any criminal conduct uncovered during the inquiry could result in prosecution under the relevant Commonwealth laws.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.