Senate Education and Employment Legislation Committee, , 8:31:03 to 8:33:03
Inquiry into the status of criminal wage theft investigations and the process for referring cases to the Director of Public Prosecutions.
Topics: Workplace relations, Integrity
Speakers: Senator Fatima Payman, Anna Booth, Speaker 14, Unknown Speaker
Good afternoon. In a FOI request to the Fairwork Ombudsman with reference IA 2925 on page 150. There's an email dated for 21st of May from Miss Anna Booth. Ms. Booth notes in relation to the referral of criminal wage theft cases for prosecution that the Fairwork Ombudsman had not yet referred one, although we're likely to before the end of the financial year. Did this happen?
No, Senator Payman. We have not yet referred any matters to the Commonwealth Director of Public Prosecutions.
And is there a status of or any likelihood of what we're yet to see with any cases
Carey is here and it is within her group, as I think you're aware from the inquiry that you chaired, she is responsible for the branch that is our criminal investigation branch. But before she tells you what she wants to tell you, I'll just make the point that that was obviously my hope, but investigations take the time they take and they need to be thorough. So that's the situation we're in.
Michelle Carey, group manager of regulatory transformation at the Fairwork Ombudsman. Senator, I can give you an update on the matters that are on foot. I'm unable to give you precise timing as to when a matter would be referred, matters are referred to the DPP when we're satisfied that we have sufficient evidence that reaches the criminal burden of proof. But happy to give you an update on the number of investigations and matters that we have.
Just in the interest of time, is that something that you could provide to the committee on notice? Absolutely. Yeah, beautiful. Just on unpaid super, does the Fairwork Ombudsman accept that unpaid super is unpaid remuneration and should be treated as seriously as wage theft?