Queensland CFMEU inquiry contempt warning for former department chief Michael De’Ath, Digi Mart USA News (Queensland, Australia): Former department chief Michael De’Ath has been warned he could be found in contempt over repeated memory lapses about key conversations at the CFMEU inquiry in Queensland, Australia.
Mr De’Ath has given evidence over two days on the alleged influence the union had over senior public servants and ministers. The commission of inquiry into alleged union misconduct is examining that influence under the former Labor government.
Office of Industrial Relations director-general Michael De’Ath served under then-Labor minister Grace Grace between 2021 and 2024. Counsel assisting Dimitri Ternovski questioned him intensely about whether union pressure influenced departmental decisions.
Mr De’Ath repeatedly struggled to recall crucial conversations, even when confronted with phone calls, emails and other correspondence. At the end of Wednesday’s hearing, Commissioner Stuart Wood KC flagged a possible contempt finding against him.
Commissioner Wood cited a High Court ruling that a “professed inability to remember” could amount to contempt if proven to be a deliberate refusal to answer questions. He said there had been crucial periods where the witness would be expected to recall events described by other witnesses, and that he seemed to recall less serious matters with ease.
Mr De’Ath’s counsel, Emma Hoiberg, asked to consult her client if the commissioner intended to make such a ruling. Ms Hoiberg defended his evidence, arguing the conversations dated back to 2022 and 2023, when he oversaw a vast government portfolio, and that it was not unexpected he lacked specific recall of them.
Commissioner Wood said that the warning did not necessarily mean charges would follow, stating that the witness had been warned. Earlier in his testimony, Mr De’Ath described what he called the CFMEU’s “blatant refusal” to accept the Office of Industrial Relations’ proposed changes to workplace safety reporting procedures.
The reforms were designed to curb the union’s direct access to senior bureaucrats and require complaints to go through standard reporting channels. Mr De’Ath described the behaviour of ousted CFMEU boss Michael Ravbar during the dispute as “out of control.”
He recounted a heated meeting in which he said Mr Ravbar repeatedly insulted him, calling him pathetic, deluded and a “boofhead.” Asked whether he had ever encountered such behaviour in his career, Mr De’Ath replied: “Never in my entire career … Mr Ravbar was just out of control.”
Former Office of Industrial Relations deputy director-general Peter McKay is set to be recalled to give evidence on Thursday, after Mr De’Ath’s lengthy testimony delayed his appearance.
