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 C2004Q01008 In force Prerogative Instrument

Legislation content

 

“ELIZABETH THE SECOND, BY THE GRACE OF GOD QUEEN OF AUSTRALIA AND HER OTHER REALMS AND TERRITORIES, HEAD OF THE COMMONWEALTH.

To our Trusty and Well-beloved

JOHN SPENCE WINNEKE, ESQUIRE, Q.C.

GREETINGS:

WHEREAS the Governor of the State of Victoria, in the Commonwealth of Australia, by and with the advice of the Executive Council of the said State, has deemed it expedient that a Commission shall forthwith issue to inquire into and report upon the following matters, namely:

To inquire 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 engaged in any illegal, improper or corrupt activities (other than activities involving only breaches of the law whether of the Commonwealth or a State relating to trade unions).

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 illegal, improper or corrupt activities, (other than activities involving only breaches of laws, whether of the Commonwealth or a State, relating to trade unions):

(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 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 illegal, improper or corrupt activities in relation to the election or appointment of officers of the Federation or the purported conduct of the Federation’s affairs.

AND WE DO by these presents give and grant you full power and authority to call before you such person or persons as you shall judge likely to afford you any information upon the subject of this Our Commission, and to inquire of and concerning the premises by all other lawful ways and means whatsoever.

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

AND WE will and command that this Our Commission shall continue in full force and virtue and that you shall and may from time to time and at any place or places proceed in the execution thereof, and of every matter and thing therein contained although the same be not continued from time to time by adjournment.

AND WE declare that you are authorised to conduct your inquiry into the matters mentioned aforesaid under these Our Letters Patent in combination with any inquiry into the matters that you are directed or authorised to make by any Commission or Commissions issued, or in pursuance of any Order or appointment made, by the Governor-General of the Commonwealth of Australia or the Governor of any State of the Commonwealth of Australia.

AND WE direct that you do with as little delay as possible and not later than 28th day of February 1982 report to Us under your hand and seal the result of the said inquiry.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the Seal of our State to be hereunto affixed.

WITNESS, His Excellency the Honourable Sir Henry Winneke, Governor of the State of Victoria at Melbourne this twentieth day of August One thousand nine hundred and eighty-one in the thirtieth year of Our Reign.

(Signed) Henry Winneke
By His Excellency’s Command.

(Signed) Robert Maclellan
ACTING ATTORNEY-GENERAL

By His Excellency’s Command

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

Overview

The Winneke Commission, enacted in 1981, was established by the Governor of Victoria to investigate allegations of illegal, improper, and corrupt activities within The Australian Building Construction Employees' and Builders Labourers' Federation, excluding activities strictly involving breaches of trade union laws. The Commission, led by John Spence Winneke, was tasked with examining whether any part of the Federation or its members were involved in illegal practices, particularly those involving payments, rewards, or benefits from employers or other individuals. This inquiry aimed to ensure that any findings of criminal conduct were based on admissible court evidence. The Commission's mandate was to report its findings by February 28, 1982, thereby addressing concerns of misconduct within the Federation and ensuring transparency and accountability in its operations.

Scope and Application

This legislation pertains to a Commission issued by the Governor of the State of Victoria, in the Commonwealth of Australia, specifically targeting an inquiry into the Australian Building Construction Employees’ and Builders Labourers’ Federation (referred to as "the Federation"). The Commission is directed at investigating whether the Federation, its officers, or its members have engaged in illegal, improper, or corrupt activities, excluding those solely involving breaches of trade union laws. The geographic and jurisdictional reach of this Act is confined to the State of Victoria, within the Commonwealth of Australia. The Commission has the authority to call upon individuals who may provide relevant information, investigate the specified matters, and report findings to the Governor. The Commission is empowered to conduct its inquiry in combination with any other relevant inquiries and must report back by a specified date. The Commission’s scope extends to examining any executive, administrative, or other bodies associated with the Federation for illegal, improper, or corrupt activities, as well as investigating any demands or receipt of payments, rewards, or benefits by Federation officials or members outside the ordinary course of commercial dealings or employment contracts. Additionally, it addresses any illegal, improper, or corrupt activities related to the election or appointment of Federation officers or the conduct of its affairs.

Key Provisions

The key provisions of the document outline the establishment of a Commission to investigate the Australian Building Construction Employees’ and Builders Labourers’ Federation. Section 1 details the authority granted to the Commissioner, John Spence Winneke, to conduct a thorough inquiry into potential illegal, improper, or corrupt activities by the Federation or its officers and members. Section 2 provides specific areas of focus, including the use of executive bodies for illicit purposes, any payments or benefits received improperly, and activities related to the election or conduct of Federation affairs. Section 3 mandates that any findings of criminal conduct must be based on admissible court evidence. Section 4 sets the deadline for the report, requiring it by 28th February 1982, and authorises the Commissioner to combine this inquiry with any other relevant investigations. The obligations imposed on the parties governed by this Act are significant. The Commissioner has a duty to diligently investigate the allegations of misconduct, ensuring that the inquiry is comprehensive and thorough. This includes the power to summon witnesses, compel testimony, and gather all necessary information. The Federation and its members are expected to cooperate fully with the inquiry, providing access to documents, records, and any other pertinent information that may assist in the investigation. This cooperation extends to the appearance of individuals before the Commission when requested. Failure to comply with the obligations or the misuse of the Commission's powers can lead to severe consequences. While specific offences are not outlined in the document, the gravity of the allegations suggests that any breaches of the Commission's directives or obstruction of its work could result in legal action. The document does not explicitly state penalties but implies that non-compliance could lead to civil or criminal charges. Given the nature of the inquiry, penalties could include fines, imprisonment, or both, depending on the severity of the misconduct uncovered and the jurisdiction's laws in place at the time.

Legal classification tags

Area of Law
Administrative Law
Instrument
Prerogative instrument
Concepts
Definitions & Interpretation
Enforcement Powers
Prohibited Conduct

Interactions

Authorises

All Versions

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.