What we learnt on the first day of Victoria’s Big Build royal commission

Victoria’s Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects met for the first time in public today. It will examine allegations of corruption, criminal conduct and other serious misconduct connected to major public infrastructure projects, including Victoria’s Big Build.

Today’s opening hearing was short and technical, but it included two important signals about how this closely-watched inquiry could unfold.

First, that it is willing to move fast to hold all relevant groups in the Victorian construction sector to account.

Second, that this inquiry will likely go right to the top, potentially including the public questioning of former Victorian premier Jacinta Allan.

The royal commission

This royal commission was set up by the new Victorian premier, Ben Carroll. His government has given the commission a broad remit to investigate allegations of corruption, criminal conduct and serious misconduct across the state’s building sector.

To carry out this remit, it has a broad range of coercive powers to investigate union officials, gangland figures, private contractors and the executive government.

The Carroll government has appointed former South Australian Supreme Court Chief Justice Christopher Kourakis to lead the commission. He must deliver his final report by August 20 2027.

Victorian barristers Chris Young and Christopher Carr have been appointed as counsel assisting the commission, and made opening statements today.

What did we learn today?

The hearing today was relatively short and technical, including a 26-minute long reading out of the entire terms of reference for the royal commission. But two things stood out.

First, early in the proceedings, it was revealed the royal commission has already held private hearings. This privacy was necessary, it explained, in order to ensure the success of its investigation.

But it also suggests the commission understands it needs to move quickly to fulfil the terms of its remit by August 20 of next year.

Kourakis issued a warning that “anyone who has an ambition to remain in the industry will be better served by early voluntary co-operation and disclosures”.

Second, the first piece of evidence tendered to the royal commission was a confidential June 2023 briefing to the former premier, Jacinta Allan, who was transport minister at the time.

This document, leaked to the press in July, raised allegations of bikie gang presence on worksites as well as “industrial relations issues” that could “significantly impact project costs and schedule”.

The former premier has previously stated she was not aware of this brief. Counsel assisting, Chris Young, said at the hearing on Wednesday: “Whether, when, and how its contents reach the former premier are questions this commission will examine”.

These questions will be hard to answer without Allan’s direct participation. They therefore raise the strong possibility the commission will question her directly as part of proceedings.

What can we expect next?

The commission has stated its first round of public hearings will end before the Victorian state election on November 28 this year. This suggests that public witness hearings will start soon.

The outcome of the November election will also potentially shape the operation of the royal commission. If the Coalition wins, they have pledged to broaden the terms of reference, including looking into whether these building projects were targeted at marginal seats.

Finally, if today’s hearing is anything to go by, the commission will squarely focus on investigating the “rotting head” of the Victorian construction sector.

This includes scrutinising the conduct of union bosses, private contractors, and ministers involved in a nearly A$150 billion Victorian public construction sector.

These leaders must face hard questions. Those will undoubtedly include: If billions of dollars of public money found their way into the hands of organised crime figures, what did they know? And how can we stop something like this from happening again?

William Partlett is a Fellow at the Centre for Public Integrity.