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Issue No. 328 | 13 October 2006 |
Straw Men
Interview: Australia�s Most Wanted Industrial: The Fox and the Contractor Unions: Industrial Wasteland International: Two Bob's Worth Economics: National Interest Environment: The Real Dinosaur History: Only In Spain? Review: Clerk Off
Classifieds the New IR Attack Dog States Keep Stakes in IR Blueprint Meatworkers Boned by WorkChoices Democracy Overboard in Bass Strait Unionist Targeted for Deportation Taxpayers Taken to the Cleaners Workers Lose Right to Choose Lawyers
Legends The Soapbox Obituary Fiction
The Unpromised Land
Labor Council of NSW |
News Workers Lose Right to Choose Lawyers
WA building worker Michael Bonan challenged the powers of Australian Building and Construction Commission investigator Nigel Hadgkiss to reject his right to choice of lawyer, while conducting a secret interrogation into alleged industrial action. Hadgkiss made the ruling on the basis that the lawyer was representing other workers in relation to the same matter.
In his decision, Justice Besanko ruled that the ABCC had the power to deny the worker the choice of lawyer during the secret interrogations. The court did, however, rule that the ABCC had exceeded its power when Hadgkiss attempted to prevent Bonan using his preferred lawyer outside the secret investigation.
CFMEU Construction Division National Secretary Dave Noonan says the decision shows how extreme the Howard Government's anti-building industry laws actually are. "What the court has said is that a government official can deny a worker the basic right of choosing their own legal representative.
"The effect of this decision is that workers can be called before a secret hearing of Howard's hand-picked political appointees and forced to answer questions under the threat of six months jail - without a lawyer of their choice.
"This decision reinforces the repressive nature of these laws, which have been enacted with minimal public scrutiny or debate.
"These laws are bad for workers, bad for democracy and bad for the building industry, which has always thrived when employers and employees work together cooperatively," Noonan says.
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