“The CFMEU can confirm that the Australian Competition and Consumer Commission this morning executed a search warrant seeking documents in relation to the Competition and Consumer Act.
This appears to follow from a case study conducted by the Heydon Royal Commission. It should be noted that the Royal Commission was unable to conclude that the CFMEU had breached the Competition and Consumer Act.
A decision handed down in the Federal Court today found that the Royal Commission taskforce conducted themselves “unreasonably” in the raids carried out at the Queensland Branch of the CFMEU.
The Federal Police failed to fulfil their legal obligation to allow the CFMEU to make claims of legal professional privilege over any of the digital information seized in the raid. The court rightly identified this inexplicable departure from process as unreasonable conduct by the AFP.