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Commission’s frustration at government delays

By Mathew Dunckley

The last word from counsel assisting the commission Chris Young, KC, on a busy day yesterday is worth another look.

He noted that the commission’s staff working with the various parties who had received notices to produce material under the inquiry’s sweeping powers which make it an offence to fail to comply.

But he expressed some pretty sharp dissatisfaction with the response from some quarters including the government.

It is extremely concerning to us as council assisting that some parties have not complied with the terms of notices to produce or produce documents outside agreed deadlines. Those documents must be produced forthwith.
We have been informed, also on behalf of some state parties, that there have been delays that have been incurred. They have incurred because of the need to receive approval from certain government committees, processes, or persons in accordance with some internal government policy.
In our submission as council assisting, that is not a reasonable excuse to delay production. We raise these matters now to highlight at the start of this hearing block that compliance with these notices is necessary. It is not optional, and further delays may undermine the work of the commission and require further steps to be taken, including recalling the witnesses if those delays continue to occur.