The Office of the Australian Building and Construction Commissioner was established on 1 October 2005 by the Building and Construction Industry Improvement Act 2005. It is an independent statutory body responsible for investigating and prosecuting breaches of the Building and Construction Industry Improvement Act 2005, the Workplace Relations Act 1996and the Independent Contractors Act 2006 in relation to the building and construction industry.

The Australian Building and Construction Commission (ABCC) has prime responsibility for the following matters in respect of the building and construction industry:

• investigating suspected contraventions of the Building and Construction Industry Improvement Act 2005, the Workplace Relations Act 1996, the Independent Contractors Act 2006, workplace agreements, orders and awards;
• instituting proceedings against industry participants contravening the relevant Acts, agreements, orders and awards;
• intervening in matters before the Australian Industrial Relations Commission or the courts that involve an industry participant or building work;
• monitoring, promoting and securing compliance with the National Code;
• providing advice and assistance to industry participants regarding their rights and obligations;
• disseminating information about the relevant Acts, the National Code and promoting appropriate standards of conduct by industry participants; and
• if appropriate, referring matters to other Commonwealth, State or Territory bodies including the Australian Competition and Consumer Commission, the Australian Taxation Office, and the Australian Federal Police.