Pursuant to S6p of the Royal Commissions Act 1902 (Cth) and Every Other Enabling Power

APPENDIX 2

REFERRALS

Pursuant to s6P of the Royal Commissions Act 1902 (Cth) and every other enabling power referrals have been made in respect of the following persons or entities:

1.  James McGiveron to the General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer contrary to ss285, 286 and/or 287 of the Fair Work (Registered Organisations) Act 2009 (Cth) (FW(RO) Act) (Volume 2, Chapter 2).

2.  Richard Burton to the General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer contrary to ss 285, 286 and/or 287 of the FW(RO) Act (Volume 2, Chapter 2).

3.  Dean Mighell to the General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer contrary to ss 286 and/or 287 of the FW(RO) Act (Volume 2, Chapter3.1).

4.  Gary Carruthers to the General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer contrary to ss 286 and/or 287 of the FW(RO) Act (Volume 2, Chapter3.1).

5.  Danielle O’Brien to the New South Wales Commissioner of Police and the Director of Public Prosecutions of New South Wales in order that consideration may be given to whether she should be charged with and prosecuted for larceny and/or fraud contrary to ss 117, 156 and/or 192E of the Crimes Act 1900 (NSW) (Volume 2, Chapter 4).

6.  Nicklouse (Nick) Belan, in relation to the misuse of credit cards, to the:

(a)  New South Wales Commissioner of Police and the Director of Public Prosecutions of New South Wales in order that consideration may be given to the institution of proceedings against him in relation to possible offences of larceny and/or fraud contrary to ss117, 156 and/or 192E of the Crimes Act 1900 (NSW) (Volume 2, Chapter 4);

(b)  Executive Director of New South Wales Industrial Relations so that consideration may be given to the institution of proceedings against him in relation to possible offences for breaches of his duties as an officer in relation to the use of credit cards contrary to ss 267 and/or 268 of the Industrial Relations Act 1996 (NSW) (Volume 2, Chapter4); and

(c)  General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer contrary to ss 285, 286 and/or 287 of the FW(RO) Act (Volume 2, Chapter4).

7.  Wayne Meaney to the:

(a)  General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer in relation to the negotiation of Derrack Belan’s severance terms contrary to ss 285, 286 and 287 of the FW(RO) Act (Volume 2, Chapter 4);

(b)  New South Wales Commissioner of Police, the Director of Public Prosecutions of New South Wales and the Executive Director of New South Wales Industrial Relations so that consideration may be given to whether to institute proceedings against him in respect of possible offences for breaches of his duties as an officer in relation to negotiation of severance terms with Darack Belan contrary to s 268 of the Industrial Relations Act 1996 (NSW) (Volume 2, Chapter 4);

(c)  New South Wales Commissioner of Police for further investigation of possible offences of larceny and/or fraud in relation to the use of credit cards contrary to ss 117, 156 and or 192E Crimes Act 1900 (NSW) (Volume 2, Chapter 4);

(d)  Executive Director of New South Wales Industrial Relations for further investigation of possible offences in relation to breaches of his duties as an officer in relation to the use of credit cards contrary to ss 267 and 268 of the Industrial Relations Act 1996 (NSW) (Volume 2, Chapter4);

(e)  General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer in relation to the use of credit cards contrary to ss 285, 286 and/or 287 of the FW(RO) Act (Volume 2, Chapter 4); and

(f)  General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for pecuniary penalty orders in relation to possible breaches of his duties as an officer in relation to the general governance of the union contrary to s 285 of the FW(RO) Act (Volume 2, Chapter 4).

8.  Darack (Derrick) Belan to the:

(a)  New South Wales Commissioner of Police, for further investigation of possible offences of larceny and/or fraud in relation to the use of credit cards contrary to ss 117, 156 and/or 192E of the Crimes Act 1900 (NSW) (Volume 2, Chapter 4);

(b)  Executive Director of New South Wales Industrial Relations for further investigation of possible offences in relation to breaches of his duties as an officer in relation to the use of credit cards contrary to ss 267 and 268 of the Industrial Relations Act 1996 (NSW) (Volume 2, Chapter4);

(c)  General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer in relation to the use of credit cards contrary to ss 285, 286 and/or 287 of the FW(RO) Act (Volume 2, Chapter 4);

(d)  General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer in relation to the arrangement with Paul Gibson contrary to ss 285, 286 and/or 287 of the FW(RO) Act (Volume 2, Chapter 4);

(e)  Executive Director of New South Wales Industrial Relations so that consideration may be given to whether to institute proceedings in respect of possible offences in relation to breaches of his duties as an officer in relation to the arrangement with Paul Gibson contrary to s 268 of the Industrial Relations Act 1996 (NSW) (Volume 2, Chapter 4).

(f)  General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer in relation to the negotiation of his severance terms contrary to ss 285, 286 and 287 of the FW(RO) Act (Volume 2, Chapter 4);

(g)  New South Wales Commissioner of Police, the Director of Public Prosecutions of New South Wales and the Executive Director of New South Wales Industrial Relations so that consideration may be given to whether to institute proceedings against him in respect of possible offences for breaches of his duties as an officer in relation to negotiation of his severance terms contrary to s 268 of the Industrial Relations Act 1996 (NSW) (Volume 2, Chapter 4); and

(h)  General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against him for pecuniary penalty orders in relation to possible breaches of his duties as an officer in relation to the general governance of the union contrary to s 285 of the FW(RO) Act (Volume 2, Chapter 4).

9.  Marilyn Issanchon to the General Manager of the Fair Work Commission in order that consideration may be given to whether to institute proceedings against her for pecuniary penalty orders in relation to possible breaches of her duties as an officer contrary to s 285 of the FW(RO) Act (Volume 2, Chapter 4).

10.  Katherine Jackson to the:

(a)  Victorian Commissioner of Police and Director of Public Prosecutions of Victoria in order that consideration may be given to whether she should be charged with and prosecuted for obtaining property and financial advantage by deception contrary to ss 81 and 82 of the Crimes Act 1958 (Cth) (Volume 2, Chapter 5.1).

(b)  Victorian Commissioner of Police for further investigation as to whether she may have given false or misleading evidence in contravention of 6H of the Royal Commission Act 1902 (Cth) (Volume 2, Chapter 5.2).

(c)  General Manager of the Fair Work Commission so that consideration can be given to the General Manager commencing proceedings against Katherine Jackson for pecuniary penalty orders for her contraventions of s 287 (Volume 2, Chapter 5.2).

11.  Peter Mylan to the:

(a)  Executive Director of NSW Industrial Relations so that consideration may be given to whether to institute proceedings against him in relation to possible offences for breaches of his duties as an officer contrary to s 267 of the Industrial Relations Act 1996 (NSW) (Volume 2, Chapter 5.2, Appendix G); and

(b)  Director of Public Prosecutions of New South Wales and the New South Wales Commissioner of police in order that consideration may be given to whether he should be charged with and prosecuted for intentionally deceiving members by false or misleading statement contrary to s 192H of the Crimes Act 1900 (NSW) (Volume 2, Chapter 5.2, Appendix G).

(c)  General Manager of the Fair Work Commission so that consideration may be given to whether to institute proceedings against him for a breach of his duties as an officer contrary to ss 285, 286 and 287 of the FW(RO) Act (Volume 2, Chapter 5.2, Appendix G).

12.  Dean Hall to the Director-General, Chief Minister, Treasury and Economic Development Directorate in order that consideration may be given to whether he should be charged with and prosecuted for intimidating an inspector contrary to s 190 of the Work, Health and Safety Act 2011 (ACT) (Volume 3, Chapter 6.3).

13.  Johnny Lomax to:

(a)  the Director of the Fair Work Building Industry Inspectorate in order that consideration may be given to whether to institute proceedings against him in respect of Anthony Costanzo (or CPS) for coercion and inducing membership action contrary to ss 348 and 350 of the Fair Work Act 2009 (Cth) (FW Act) (Volume 3, Chapter 6.4); and

(b)  the Director of the Fair Work Building Industry Inspectorate in order that consideration may be given to whether to institute proceedings against him in respect of unlawfully taking adverse action against a person for not becoming a union member and coercion contrary to ss 346 and 348 of the FW Act (Volume 3, Chapter 6.4).

14.  Jason O’Mara to the Director of the Fair Work Building Industry Inspectorate in order that consideration may be given to whether to institute proceedings against him for coercion and inducing membership action contrary to ss 348 and 350 of the FW Act (Volume 3, Chapter 6.4).

15.  Anthony Vitler to the Director of the Fair Work Building Industry Inspectorate in order that consideration may be given to whether to institute proceedings against him for inducing membership action contrary to s 350 of the FW Act (Volume 3, Chapter 6.4).

16.  Construction Charitable Works Limited (CCW) to the Australian Charities and Not-for-Profits Commission in order that consideration may be given to whether CCW’s registration as a charity should be revoked (Volume 3, Chapter 6.6).

17.  In relation to matters arising in the case study concerning Creative Safety Initiatives and Construction Charitable Works in respect of declarations made by the Canberra Tradesmen’s Union Club and the Woden Tradesmen’s Union Club, to the Australian Federal Police and the ACT Gaming and Racing Commission to investigate the commission of possible criminal offences against the Criminal Code (ACT) and s 65 of the Taxation Administration Act 1999 (ACT) in relation to matters concerning the Gaming Machine Act 2004 (ACT) (Volume 3, Chapter 6.6).

18.  In relation to matters arising in the case study concerning Creative Safety Initiatives and Construction Charitable Works, to the Government of the Australian Capital Territory for consideration of whether express amendments should be made to the Gaming Machine Act 2004 (ACT) so that ‘community contributions’ cannot be made by a registered club to an entity related to that club (Volume 3, Chapter 6.6).

19.  Brian Parker to the:

(a)  Commonwealth Director of Public Prosecutions in order that consideration may be given to whether he should be charged with and prosecuted for intentionally giving false or misleading evidence contrary to s 6H of the Royal Commissions Act 1902 (Cth) (Volume 3, Chapter 7.1); and

(b)  Australian Securities and Investments Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer contrary to ss 182 and 183 of the Corporations Act 2001 (Cth) (Volume 3, Chapter 7.1).

20.  Lisa Zanatta to the Australian Securities and Investments Commission in order that consideration may be given to whether to institute proceedings against her for breaches of her duties as an officer contrary to ss 182 and 183 of the Corporations Act 2001 (Cth) (Volume 3, Chapter 7.1).

21.  Maria Butera to the Australian Securities and Investments Commission in order that consideration may be given to whether to institute proceedings against her for breaches of her duties as an officer contrary to ss 182 and 183 of the Corporations Act 2001 (Cth) (Volume 3, Chapter 7.1).

22.  David Atkin to the Australian Securities and Investments Commission in order that consideration may be given to whether to institute proceedings against him for breaches of his duties as an officer contrary to ss 182 and 183 of the Corporations Act 2001 (Cth) (Volume 3, Chapter 7.1).