Not merely did Australian Building and Construction Commissioner Nigel Hadgkiss break the law in preventing ABCC staff from accurately advising employers, Employment Minister Michaelia Cash might have broken the law when she established the ABCC with Hadgkiss as its head. Only a tortured interpretation of the legislation lies between her and what appears to be a blatant breach of it.

According to section 21 of the act that establishes the ABCC, the Building and Construction Industry (Improving Productivity) Act 2016: