A royal commission examining allegations of corruption, criminal conduct and serious misconduct on Victoria’s taxpayer-funded construction sites is set to hold its opening hearing in Melbourne this week. The inquiry, chaired by former South Australian chief justice Chris Kourakis, will spend months examining how the state’s multi-billion-dollar Big Build program has been run.
How did we get here #
The commission was the first major commitment announced by Premier Ben Carroll after he took the Labor leadership in July. Victoria Police and other agencies have for years faced questions over allegations of standover tactics, inflated invoicing and union influence on major infrastructure projects, but previous premier Jacinta Allan had resisted calls for a formal inquiry. According to public statements from the Victorian government, Mr Carroll released terms of reference for the commission in August, acknowledging what he described as “grift”, “thuggery” and “violence” on some construction sites. VCN notes those characterisations were made by the Premier in a public statement and are not findings of any court or tribunal.
It is understood the terms of reference direct the commission to examine the extent of alleged corruption and misconduct across major transport and infrastructure projects, including who knew what, and when. The commission has not yet made any findings, and no individual or company has been convicted of any offence arising from its work.
What is a royal commission, and how is it different from a criminal trial #
A royal commission is not a court and cannot convict anyone of a crime. It is an inquisitorial process — meaning the commissioner and counsel assisting can compel witnesses to give evidence and produce documents, and can ask questions directly, rather than relying on parties to prosecute a case against each other as happens in a criminal trial.
Witnesses can be compelled to answer questions even where the answer might incriminate them, although in most Australian jurisdictions evidence given under compulsion cannot later be used directly against that person in a subsequent criminal prosecution. Commissioners can make findings of fact and recommendations, and can refer material to police or other agencies such as IBAC, Victoria’s anti-corruption body, for further investigation. It will ultimately be up to police, prosecutors and the courts — not the commission — to determine whether any criminal charges follow.
Readers should keep this distinction firmly in mind over the coming months: a finding by the commission that conduct occurred is not the same as a criminal conviction, and nobody named in evidence before the commission should be described in this masthead, or understood by readers, as having been found guilty of any offence.
Who could be called to give evidence #
VCN understands the commission’s remit is broad enough that former premiers, senior public servants, union officials and construction industry figures could all be called to give evidence. It has been reported that former premiers may be asked to appear, though the commission has not confirmed a witness list publicly, and any suggestion of who will or won’t be called should be treated as unconfirmed until the commission’s own hearing schedule is published.
Counsel assisting the commission will open proceedings by outlining the scope of the inquiry and the issues to be examined. Under commissions of this kind, opening statements typically set out allegations that will be tested through subsequent hearings — they are not findings in themselves, and should be understood as flagging what the inquiry intends to investigate rather than conclusions already reached.
What “Big Build” actually covers #
The Big Build is the state government’s umbrella term for a broad program of transport and infrastructure projects, including level crossing removals, the Metro Tunnel, North East Link and various regional road and rail upgrades. The program has run for close to a decade and involves tens of billions of dollars in public spending, delivered through a mix of government agencies and private contractors.
Because of the scale of the program and the number of contractors, subcontractors and unions involved, allegations of misconduct on Big Build sites have surfaced periodically for years, including in media reporting, parliamentary inquiries and separate investigations by bodies such as the Australian Building and Construction Commission before its abolition, and its successor arrangements. This commission is intended to bring many of those threads together under one inquiry with the power to compel evidence.
What happens after the hearings #
Royal commissions typically conclude with a final report to government, setting out findings and recommendations. It is not yet publicly known when this commission is required to report, though terms of reference released by the government are understood to set interim reporting requirements. Any recommendations arising from the report would be a matter for government to accept, reject or implement in whole or in part — the commission itself has no power to compel legislative or policy change.
If the commission does refer specific allegations to Victoria Police or IBAC, those agencies would then conduct their own separate investigations under ordinary criminal or corruption-investigation processes, with any resulting charges tested in court in the usual way. VCN will report on the outcome of any such referrals as they are confirmed by the relevant agency, and will continue to attribute all allegations to their official source.
Why this matters for readers #
Victorians have a direct financial stake in how public infrastructure money is spent, and a public inquiry with the power to compel witnesses and documents is one of the few mechanisms that can test allegations that might otherwise never be examined in a public forum. At the same time, the inquiry process itself means allegations will be aired — sometimes in detail — well before any final findings are made, and long before any criminal matter, if one arises, could be resolved in court.
Our newsroom will be covering the commission’s public hearings as they occur, reporting what is said in evidence and what the commission itself finds, while taking care to distinguish those findings from proven criminal conduct. Where individuals are named in evidence, we will attribute allegations to the relevant witness or document and avoid characterising anyone as guilty of an offence unless and until a court makes that finding.
What we still don’t know #
A number of practical details remain unclear ahead of Wednesday’s opening hearing, including the full witness list, the sequence in which specific projects or allegations will be examined, and the commission’s ultimate reporting date. VCN understands further procedural detail is expected to be outlined by counsel assisting when hearings begin, and we will update our coverage as that information is confirmed on the public record.
The inquiry is ongoing and no findings have yet been made. Any person or organisation referred to in the course of the commission’s hearings is presumed innocent of any criminal or unlawful conduct until proven otherwise by a court of law.
