Inquiry hears Victorian Big Build agency had redacted documents, with commissioner confirming former political staffer has been summoned
Get our breaking news email, free app or daily news podcast
A former adviser to longtime Victorian premier Daniel Andrews will be forced before a royal commission after a government agency that was criticised for failing to hand over evidence to investigators disclosed a series of text messages about a controversial rail project.
The commission into the integrity of major public and civil infrastructure construction projects in Victoria heard on Thursday that the Victorian Infrastructure Delivery Authority (Vida) had failed to produce relevant documents or produced documents that were improperly redacted.
The counsel assisting the commission, Chris Young KC, said Vida’s attitude was particularly disappointing given the current premier Ben Carroll’s repeated comments about the importance of the commission’s work, and reminded current and former public servants that failure to comply could be punished with imprisonment.
The commission has heard from public witnesses for the first time this week, with the hearings focusing on the Construction, Forestry and Maritime Employees Union’s (CFMEU) involvement in a 2022 level crossing removal at Gap Road in Sunbury.
Young said that Vida requested multiple extensions to a deadline to provide documents relevant to the commission, and then provided a document two days late that included pages of handwritten notes that had been improperly redacted that were central to the Gap Road project.
On Tuesday night, Young said Vida also disclosed for the first time the existence of text messages held by its personnel directly concerning the project.
Those messages include references to the PPO, or the Premier’s Private Office, and to Matthew Toner, a former adviser to Andrews, and Matthew Phelan, a former chief of staff at Vida.
Young said Toner left his position in early 2024, about the time Andrews resigned as premier.
He said that notes from a CFMEU delegates meeting on 14 March 2024 recorded its former state secretary John Setka as saying Toner had left and that “he was a good asset to the union”.
The commissioner, Christopher Kourakis, confirmed that Toner and Phelan had been issued compulsory notices to appear before the commission since the texts were uncovered.
On Thursday, Young said the commission only had a short time to complete its work.
“It has compulsory powers, reinforced by sanctions … which do include imprisonment,” Young said.
“It might be expected that agencies of the state would see and understand the significance of the work of this commission and comply with the obligations imposed on them by the Inquiries Act.”
Young added that non-state parties had complied with the requirements imposed on them that “are as least as onerous” – and had done so far quicker, noting that the delays from state parties had already affected the timetable of hearings.
“It is profoundly disappointing in light of everything that has been said by the premier of this state, about the importance of this commission, about the importance of its work, and about the cooperation it would receive from the state, that state entities and senior current and former state officers and their employees, only engage with this commission when compelled to do so, and seem otherwise content to do nothing, unless compelled,” Young said.
Among the material handed over late by Vida were improperly redacted handwritten notes regarding meetings central to the commission, Young said.
The eight pages of notes, from former Vida executive Evan Tattersall, included those taken from a meeting the morning the industrial dispute that was eventually resolved, which noted “Claim RIA [Rail Infrastructure Australia] hasn’t engaged with CFMEU”.
Richard Knowles KC, for Vida, said the agency intend to respond as soon as possible to requests for more documents from the commission.
“We understand the gravity of what has been said,” Knowles said.
“We do affirm our commitment to assist the royal commission in its inquiries to the best of our abilities and to the extent that there may have been any falling short, we apologise.”
The hearing continues.
