Victoria’s Big Build royal commission: do the terms of reference go far enough?

Victorian Premier Ben Carroll has introduced the terms of reference for a royal commission examining criminality and corruption surrounding Victoria's Big Build. The commission, led by former South Australian judge Chris Kourakis, will have a $50 million budget and commence operations before the November election, with a report due by August of the following year. Critics question whether the terms of reference go far enough to address the issue.

Royal commissions are ad hoc public inquiries with significant powers to compel documents and testimony, even if self-incriminating. They have been used in Australia to investigate scandals and broader policy issues. The Big Build allegations involve organized crime and corruption, including extortion, fixed procurement deals, and "ghost shifts" – labor hire companies charging for shifts that were never worked. These revelations suggest a need for an independent inquiry to uncover government involvement in the corruption.

The terms of reference announced by Carroll are broad and generally adequate. The commission will investigate corruption, criminal conduct, or serious misconduct involving the CFMEU, construction companies, subcontractors, and labor hire companies on Big Build projects. It will also examine the adequacy of oversight and governance by ministers and government agencies, as well as the actions of construction companies and Victorian government authorities, including Victoria Police.

Additionally, the commission will investigate the root causes, preconditions, and impact of corruption, criminal conduct, and serious misconduct on Big Build projects, with recommendations for future prevention. A special prosecutor will be appointed to pursue any individuals suspected of wrongdoing in court.