Commission can continue without Heydon: PM

Dyson Heydon is facing calls to stand aside as head of the trade unions royal commission.

Mr Abbott told reporters on Thursday Island on Tuesday the commission was not a political game and regardless of what Mr Heydon determined it “must and will go on”.

The submission described the royal commission as “politically charged”, and said a fair-minded observer could reasonably believe the commissioner might not bring an impartial mind to the issues before the commission.

Justice Heydon had been expected to decide his future on Tuesday after union submissions last week arguing he should recuse himself for the appearance of bias, or bias itself, but on Monday said he was still considering his position.

“That is actually relevant in law, as well as relevant practically”, he said. “There is nothing inherently wrong with going to a Liberal event”, he said.

Unions have applied to Justice Heydon to remove himself from the Royal Commission into Trade Union Governance and Corruption amid allegations of bias and a conflict of interest. The remaining 34% said they did not know.

“Too much about weighing up evidence is about credibility and that’s about personal demeanour, responsiveness and lots of other things that a text can’t adequately capture”.

Mark Findlay, Professor of Criminal Justice at the University of Sydney Law School, said a royal commission is given to an individual commissioner.

“If he can no longer continue then the commission has to be reissued”. Heydon eventually withdrew from the function, telling the commission he had “overlooked” its Liberal party connection.

Mr Heydon was due to deliver his ruling on Tuesday but has given himself more time and suspended hearings while he does so.

A spokesman for Mr Heydon said in a statement on Tuesday: “Commissioner Heydon is taking the time required to consider his decision”.

“The royal commission will make a further statement on the timing of Commissioner Heydon’s decision in due course”.