The Craig Thomson saga will drag on for many more months, with Fair Work Australia handing its investigation yesterday over to public prosecutors to decide if criminal charges will be laid.
The investigation examines whether Labor MP Thomson (and other union officials) misused Health Services Union funds, including $100,000 worth of cash withdrawals from a union credit card when Thomson was head of the HSU. That cash was been linked to Sydney hotel rooms and escort agencies.
In its report, Fair Work Australia found 181 contraventions of the Workplace Relations Act 1996 and the HSU rules. Of those 181, 105 relate to civil penalty provisions within the act.
Fair Work Australia did not recommend whether those involved should be charged and has left that up for the Department of Public Prosecutions to decide. “In so doing, I have not sought to satisfy myself that the material considered by the Delegate in his report establishes any particular likelihood of criminal conduct, as that is a matter for the DPP,” said Fair Work Australia general manager Bernardette O’Neill in a press release. “I am satisfied that the report raises many significant matters which may be appropriate for the DPP’s consideration.”
The report goes for over 1100 pages, and names three former union officials and one other person. While it’s assumed that Thomson is named in the document, this has not been verified.
“I maintain my innocence and will continue to do so,” said Thomson in a statement.
Thomson himself yesterday noted his frustration at the lengthy investigation process. “It is incredibly frustrating that after four years it appears [the report] has been sent to someone else to do exactly what Fair Work was meant to do for the last four years,” he told reporters. “We have no notice, no knowledge, no details. There’s four people, we don’t even know who the four people even are at this stage.”
Now that the report is in the hands of the Department of Public Prosecution, Fair Work Australia’s report should be made available to the public, declared Opposition leader Tony Abbott.
“The public deserve to know whether a member of the Gillard government has been referred to the DPP for possible criminal charges.
“This report was prepared at vast taxpayer expense, and the public deserves to have this report,” he told AM.
If charged for a criminal incident which could potentially carry a jail term of one year or more, Thomson may be forced to resign as a member of parliament.

If Thomson resigns, does that mean we’ll be back to talking about pokies pre-commitment?
“a member of the Gillard government”
which bit of ‘back-bencher’ doesn’t Abbott understand?
I find it curious that the libs can sound ever so moral over Thomson yet have denied him natural justice . Why is it they are silent about the Mirabella and her actions regarding Colin Howard ? The only concern the coalition has is to publicly tarnish Thomson and the ALP at every opportunity . Abetz is a shadow minister I think or at least a spokesman yet he conspired to smear a PM with a fraudulent email . He wasn,t accused by Labor of anything other than stupidity but his actions could or should have been considered far more serious . The ALP had their scalp without having to do much at all , self inflicted . Abetz asked sham questions at a senate inquiry with the intent of disgracing Rudd yet we are expected to believe he knew nothing ? What about the ham acting pretending to be asking probing questions when its going to script ? The AWB inquiry shows the way to deal with problems : make the terms of reference of the inquiry in a manner that shields your party members but leaves room for scapegoats . Abbott himself failed for two years to declare a $700,000 loan on the parliament registry waving it away as he forgot .
Yeah , its all about the moral outrage and not political tactics . I read today about Victorian building inspectors and corruption dealing with builders and contractors and wonder if it would have gained more notice than if it had been a union official.
Forget who may have done what and who is named and who isn’t. Fair Work Australia have taken an inordinate amount of time to produce this report. The question must be asked as to whether they were the correct authority to investigate the matter to begin with and regardless of the answer, why, on this occasion were they not resourced to produce a swifter outcome ? The DPP will dwell on the matter now for another six months before they (don’t) reach a decision. This whole affair leaves a bad taste in the mouth of the electorate broadly. Why shouldn’t Thomson have been forced to sit before a public enquiry and explain the situation if necessary, divulge names ? Not admissible in court but nonetheless it would clear the political cloud surrounding the matter. The Labour govt have much to answer about this whole affair and the broader union movement need to get their house in order to maintain what little integrity it has left. Wasting the funds of members on private purposes is straightforward larceny. There are no two ways about it regardless of the union culture. Nothing short of a Royal Commission into this specific union will ever uncover the truth.
Despite the media’s insistance the FWA is not an investigation of Craig Thomson but of the HSU. The NSW police investigated and determined there was no crime committed and referred the matter to the Vic police due on juristictional ground but otherwise commented that it expected they would come to the same conclusion. There was at one point speculation that a document existed that may have found Thomson guilty of a crime but no one can find it.
Many of claims of corruption, ie the printing of magazines at exhorbitant costs, occured after Craig Thomson had left HSU and was in paliament. It didn’t stop Fairfax from trying to link Craig Thomson to it.
There have been accusations that the shovel found outside Mr Jacksons home was one that was kept in her back shed.
It seems as if Ms Jackson herself may be subject to an adverse finding.
None of the allegations were secret. It only became news because the Libs figured out that if they picked off Thomson they could force an election. Brandis has been caught out trying to pressure state ministers and police prosecutors to carry out political assasinations.
After 5 years not one single authority has laid charges against anyone in relation to this matter.
The question begs if there were allegations of criminal conduct from as early as 07 why it wasn’t immediately taken to police. Why just FWA? After all according to Brandis not reporting is a crime also.
What is coming out of this ongiong saga is that unless the NSW and VIC police are in on the conspiracy there is no evidence to charge anyone.
Lets remember that Mary Jo Fisher was entitled to the presumption of innocence. Even when found she had broken the law was not required to resign.
Then we have the case of the Ozcar scandal where, as Kathy Jackson put it, the public and the media had made up their minds. The only ones caught out in repeated lies were the Libs.
Finally how did Abbott and Co get a free pass on the Peter Slipper saga? They were aware of his rorting of taxpayer funds for decades and did nothing. In fact their defence was they were going to manage him out of parliament at the next election.
Irrespective of the final outcome what the Ozcar and Thomson affair demonstrate is the double standard to which the media holds for the major political parties.
Where was the outrage when Howard used the Sgt Shultz defence over AWB. Or when Mick Keelty abandoned an AFP investigation into it?
Why are the media so desperate to tie everything to Mr Thomson even those things that occured after he left the HSU?
Outrage at FWA over political pressure where no evidence exists but nothing about the admitted pressure from Brandis on NSW police minister and police cheif?
There’s a stink a lot bigger than the HSU.