The anti-corruption barrister who estimated $15 billion in taxpayer funding was wasted on Victoria's Big Build has accused the opposition of making "absurd" criticisms of Premier Ben Carroll's royal commission, which he said was "excellently" designed.
Mr Carroll released the terms of reference for a royal commission into the integrity of major projects in Victoria yesterday. His predecessor, Jacinta Allan, had refused to heed calls for such an inquiry and was dogged for years by alleged wrongdoing and corruption on government construction sites.
The terms specifically cover the executive level of government. But Shadow Attorney-General James Newbury claimed without evidence that Ms Allan and former premier Daniel Andrews would not be hauled before the commission.
"The government has explicitly ruled out in the terms of reference certain behaviour of the CFMEU," Mr Newbury also claimed in an interview with ABC Melbourne radio yesterday.
Geoffrey Watson, SC, said the terms of reference were "really excellently done".
"I think they're very well designed, quite targeted, and sufficiently specific," he said.
Mr Watson said it was unheard of to dictate witnesses for a royal commission. Doing so would affect its independence, he said, and ruling some people in could allow other potential witnesses to claim they are out of the scope of the investigation.
"This is an absurd criticism, frankly," Mr Watson told the ABC today.
"I think it's a mistake for people to go out and start undermining confidence in the commission before it starts. After all, this is a process through which we're hoping the confidence in government will be rebuilt. Now, why criticise it at this time? I do not know why, and I might make another point: the criticism is incorrect."
Mr Carroll rejected the suggestion Ms Allan or Mr Andrews would not be called, having confirmed that ministers and former premiers would be fair game under the terms.
"Anyone and everyone can be called. These are the most comprehensive, broadest terms possible," Mr Carroll told reporters today.
"We're going to make sure that we leave no stone unturned."
Integrity bodies and business leaders broadly welcomed the terms of reference this week.
A timeline for hearings and a witness list are yet to be established. These decisions are up to the commissioner, former South Australian Supreme Court chief justice Christopher Kourakis, who has a $50 million budget and will report back within 12 months.
Mr Watson's estimation that $15 billion had been lost on Victoria's program of major projects had cut through to the public, set off a spat with Ms Allan, and infected the electorate's perception of core Labor government deliverables, like the Metro Tunnel and North East Link.
"The point of me putting an estimate on it was to do just that: put an estimate on it, because I was calling for a royal commission," Mr Watson said.
"I'm confident that this royal commission will do a great job."
Mr Newbury further claimed the premier said he did not want to get to the bottom of the $15 billion figure. The terms ask the commission to determine the impact of wrongdoing on construction costs of the Big Build and to identify means of recouping that.
He questioned whether $50 million would be enough for the commission to do its job.
The terms have a broad focus on the causes, contributing factors and any preconditions that allowed wrongdoing.
Lawful, legitimate and appropriate actions under industrial rules and occupational health and safety laws will be exempted, but the terms go to "the misuse or abuse" of these regulations.
