The following statement was provided on 25 February 2022 in response to a query from a media outlet.
On 26 October 2021 the Registered Organisations Commission (ROC) received a protected disclosure relating to the conduct of a former officer of the Australian Education Union, Australian Capital Territory Branch (Branch). That investigation identified issues which require a more detailed investigation under section 331 of the Fair Work (Registered Organisations) Act 2009 (the RO Act) and that investigation was commenced on 23 February 2022.
The section 331 investigation will examine whether the officer complied with their statutory obligations relating to financial management, including to act with care and diligence, act in good faith and in the best interests of the Branch and to not improperly use their position.
The investigation will also examine whether the officer complied with disclosure obligations, including the obligations to disclose material personal interests and to not take part in decisions that benefitted others with whom they had an undisclosed material personal interest.
The Registered Organisations Commissioner (or his delegate) may conduct investigations under section 331 of the RO Act if he is satisfied that there are reasonable grounds for doing so.
The ROC may make inquiries and investigations into federally registered unions and employer associations (known as registered organisations) regarding their compliance with the RO Act and their rules regarding finances and financial administration, and in relation to the conduct of their officers.
The ROC is unable to comment further on this matter, as it remains an open investigation.