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ARTICLE · 07 NOVEMBER 2016

Judge, jury and executioner: Does the ABCC have too much power?

If the ABCC bill passes the Senate, it is likely to survive criticism that it offends the separation of powers doctrine.

AustraliaReal Estate and Construction

The bill seeking to reestablish the Australian Building and Construction Commission ("ABCC"), being the Building and Construction Industry (Improving Productivity) Bill 2013 ("ABCC bill"), was passed by majority in the House of Representatives on 19 October 2016. Before the ABCC bills can be become law, they must be approved by a Senate in which the Coalition Government does not hold a majority and where the passage of those bills lay in the hands of minor parties, specifically the Nick Xenophon Team ("NXT"), the Derryn Hinch Justice Party and One Nation. In a statement made on 20 October 2016, Senator Nick Xenophon raised concerns about the propriety of allowing the ABCC to simultaneously play the roles of investigator of breaches of relevant legislation, assessor of compliance with relevant legislative requirements and the imposer of sanctions for breaches. While some have dismissed Mr Xenophon's comments as an attempt to leverage the Government's need for his support

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