The Victorian Infrastructure Delivery Authority was blasted at the opening of Thursday's royal commission hearing for failing to provide relevant documents in a timely manner.
"We have some concerns about the manner in which documents and materials have been produced to the commission by the Victorian Infrastructure Delivery Authority," senior counsel assisting Chris Young KC said.
Documents withheld from the commission included text messages with references to then-premier Daniel Andrews' office and a meeting attended by then transport minister and future premier Jacinta Allan.
Text messages from the period including a reference to Mr Andrews' office were only provided to the commission on Tuesday, despite a requirement to do so much earlier.
"Those messages included reference to the PPO, which we understand to be a reference to the Premier's Private Office," Mr Young said.
The messages also referred to Matt Toner who at the time was a close advisor to Mr Andrews, and Matt Phelan who was chief of staff to Corey Hannett, the then Director-General of the delivery authority's predecessor, the Major Transport Infrastructure Authority.
Disgraced former CFMEU Victoria boss John Setka made reference to Mr Toner during a March 2024 delegates meeting at the time he left his role as Premier's advisor.
"Matt Toner has left his position as Premier's advisor," Mr Setka said.
"He was a good asset to the union."
In light of the text messages, the commission will seek to arrange for Mr Toner and Mr Phelan to give evidence, Mr Young said.
Handwritten notes by former Rail Projects Victoria chief executive Evan Tattersall, were provided to the commission with dozens of pages relating to relevant periods entirely redacted.
Mr Young told the commission an unredacted version of the notes was only provided on Wednesday following multiple requests to do so.
The notes included references to a two-day work stoppage on a major level crossing removal at Gap Road in Sunbury, north west of Melbourne, which is the focus of the commission's first hearing block.
Notes on an online meeting attended by Ms Allan on June 7 at 5.30pm relating to the stoppage were initially delivered to the commission entirely redacted.
Another meeting understood to have involved Victorian Infrastructure Delivery Authority executives that same day were entirely missing.
"We have searched for materials produced by VIDA to date to this commission to seek to obtain any documents about this meeting, any agendas, any minutes, anything," Mr Young said.
"There is nothing."
Entries in Mr Tattersall's notebook which were initially redacted and only revealed following multiple requests by the commission included, "CFMEU driving some companies re: Aboriginal employment out of business because won't use".
Another redacted entry read, "Claim RIA (Rail Infrastructure Alliance) hasn't engaged with CFMEU".
"That set of redactions shows that plainly relevant material was redacted from material provided to this commission," Mr Young said.
"Who authorised the redaction of that section, and on what basis remains unexplained."
Mr Young delivered a reminder that failing to comply with the commission could attract penalties including jail time, and called for Victoria's public agencies to do better.
"It is profoundly disappointing, in light of everything that's been said by the premier of this state about the importance of this commission, about the importance of its work, and about the co-operation it would receive from the state that state entities and senior current and former state officers and employees only engage with this commission when compelled to do so, and seem otherwise content to do nothing unless compelled," Mr Young said.
"It is notable that non-state parties have complied with the requirements imposed on them that are at least as onerous as the obligations that we have imposed on state parties, and much more quickly."
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