By Monique Carroll, Partner, Darren James, Partner and Michael Deighton-Smith, Senior Associate

Introduction

On 20 August 2026, the Victorian Premier Ben Carroll made a statement outlining the identity of the Royal Commissioner for the ‘Big Build’ investigation as well as the general purpose of the investigation alongside the release of the Letters Patent.  The Premier’s statement and the Letters Patent set out the parameters and expectations of the Government for the Big Build Royal Commission.

The Premier has appointed the Honourable Chris Kourakis AC as the Royal Commissioner, a former Chief Justice of the Supreme Court of South Australia.

Importantly, the Premier has emphasised that the terms of reference are intended to be broad and cover everything from the conduct of the unions, companies, labour hire firms, and “criminal actors” involved in the Big Build projects.  The Commission will also examine the involvement of the Government of the day, both the executive and the relevant public servants and an Office of Special Prosecutor will be established to address findings made by the Commission.

In this article, we set out what to expect from the Big Build Royal Commission.

Timing

As outlined in our previous publication, the Premier has indicated that the Big Build Royal Commission will commence prior to the November Victorian election.

Moreover, the Premier has announced that the Commission is expected to provide a report to the Government of the day by 20 August 2027.  It has also been advised that the Commission may, if appropriate, provide an interim report prior to that date.  Given the short time frames required, that may not occur, though it is a common part of many Royal Commissions.

That timing suggests that parties involved in the Commission will face short timeframes within which to respond to requests from the Commission.

The Terms of Reference

As indicated by the Premier, the terms of reference for the Commission are broad.  They include, amongst other things, a requirement for the Commissioner to inquire into and report on:

• The extent to which corruption, criminal conduct or serious misconduct has occurred on or in relation to any Major Construction Projects any major public and civil infrastructure projects commissioned by the State of Victoria (and any State entities under the Public Administration Act 2004 (Vic)), including any such activity undertaken or instigated by the CRFMEU Construction & General Division, construction companies and consortia, sub-contractors, labour-hire companies, contracting entities, suppliers or others;
• Whether the Executive Government of Victoria and/or any Delivery Authority adequately adhered to their roles and responsibilities in the oversight and governance of any Major Construction Project; and
• in relation to any corruption, criminal conduct or serious misconduct identified as having occurred:
  • the causes or preconditions that led to the conduct occurring, both by reason of legislative design or industry practice; and
  • the impact of any corruption, criminal conduct or serious misconduct in relation to those projects.
  • whether there any particular features, including executive government procurement and oversight, that contributed to the prevalence of corruption, criminal conduct or serious misconduct in relation to those projects;
  • whether there were any significant changes to policy, industry practice or legislation that contributed to an increased prevalence of corruption, criminal conduct or serious misconduct in the areas of procurement, contractual arrangements, labour hire, subcontracting, industrial relations and arrangements with suppliers; and
  • the actions taken by the executive government, and by contracting entities, to respond to or mitigate the risk of corruption, criminal conduct or serious misconduct.

In addition, the Commissioner has been asked to consider previous inquiries, whether the recommendations were either implemented or effective, and what else could be done to mitigate the risk of similar problems.

The Office of Special Prosecutor

While the Commission itself will not have the power to impose legal penalties as a result of its investigations, the Premier has announced that the Victorian Government will establish an Office of Special Prosecutor, to investigate and pursue wrongdoing identified as part of the Commission.

The exact structure or powers of this Office have not yet been confirmed.  However, the Premier has suggested that the Government’s intention is for the Office to have access to the information identified by the Commission to enable it to pursue prosecutions. The Premier has been quoted as saying “Findings will not sit on a shelf.  They will be acted on”.

We expect legislation to be passed that will identify the powers of the Office and its resources to fulfil its purposes.

This is a significant departure from many previous royal commissions, where findings may have led to legislative reform or regulatory investigations, but were not prosecuted by a specific body established with a bespoke purpose.

What do you need to do?

As outlined in our previous publication, if you believe you may be called to provide evidence or appear as a witness at the Commission, the most important step you can take is to seek legal advice about your position as soon as possible.