A Royal Commission is an independent public inquiry established only in rare and exceptional circumstances to examine matters of major public importance. It is the highest form of inquiry in Australia and ensures effective investigations of significant matters of public concern, and informs government decision-making.

Royal Commissions are independent investigative bodies with powers set out in legislation, including the Royal Commissions Act 1902 (Cth) and, in New South Wales, the Royal Commissions Act 1923 (NSW). These powers enable a commission to investigate complex and serious issues.

Establishment

A Commonwealth Royal Commission is established by the Governor-General through the issuing of Letters Patent, which appoints the commissioner(s), outlines the scope of the enquiry and sets out the final reporting date and any other reporting dates.

The terms of reference set the scope, key areas of investigation and timeline by which the inquiry must be completed.

Information and Evidence

Royal Commissions determine their own procedures and may gather information by:

• Holding public or private hearings.
• Issuing notices requiring the production of documents or written statements.
• Conducting interviews and research.
• Inviting submissions from the public.

Failure to comply with a notice without reasonable excuse is an offence.

A Royal Commission may:

Inquiry: Find out why specific events happened, work out who is accountable or make findings and recommend changes to policies and laws.

Commonwealth Royal Commissions can only inquire into matters that relate to the Commonwealth’s responsibilities.

Witnesses: It includes the power to summon witnesses to appear before it and the power to request individuals or organisations to produce documents as evidence.

Hearings: Hearings are generally public, though private hearings may be conducted where evidence is sensitive.

Engage with the community: This may include stakeholder consultations, research, interviews, roundtables, and inviting public submissions.

Findings and recommendations: The commission provides a formal report to the Governor-General and is usually tabled in Parliament, setting out findings and recommendations for change.

Private Sessions

Some Royal Commissions may also conduct private sessions. These are confidential meetings between an individual and a commissioner, allowing people to share personal experiences in a safe and private setting. Participants are not witnesses, do not give evidence, and participation is voluntary.

Outcome and Response

If a Royal Commission obtains information that indicates a law might have been broken, it is allowed to provide that information to certain authorities. Some of the findings of a royal commission may also lead to civil or criminal prosecution.

The government will typically issue a formal response outlining how it will act to address the findings and recommendations, although the timing of the response is determined by the government of the day.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

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