Abbott backs commission to proceed without Heydon

“We believe that Dyson Heydon is a very good choice for this royal commission, that he has done an outstanding job, and this campaign of vilification against him… there is no substance to it at all”.

Justice Heydon must rule on recusing himself as head of the Royal Commission into Trade Union Governance and Corruption following an application from the ACTU that he do so on the grounds of bias.

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

Prime Minister Tony Abbott told reporters on Tuesday the inquiry should continue with or without Mr Heydon.

A session scheduled for Wednesday involving the NSW CFMEU has also been postponed to a date yet to be fixed.

But he later “overlooked” the Liberal Party’s connection to the event when he received a follow-up email in March this year and the fact he had only agreed to speak if the royal commission had finished its hearings at the time of the event. Senator Abetz declined to say whether the government had a “Plan B” in terms of replacing Mr Heydon should he decide to step aside.

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. “There is an absolute need for this royal commission”, Mr Abbott said.

Labor leader Bill Shorten supports the commission continuing, but without Justice Heydon.

Guardian Australia asked the commission whether Heydon had had any contact with government representatives ahead of the announcement of his decision, and whether he was intending to give them any advance notice of his decision.