Commission of Inquiry Continuation Act 1989 (Qld)

865 COMMISSIO N OF INQUIRY CON TI N U ATION ACT ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Meaning of expressions 4. Continuance of Order in Council 5. Continuance of inquiry 6. Continued application of Commissions of Inquiry Act 7. Commission's report attracts Parliamentary privilege 8. Variation of provisions affecting Commission 9. Protection against legal liability ANNO TRICESIMO OCTAVO ELIZABETHAE SECTNDAE REGINAE No. 6 7 of 1 -989 An Act to continue in being a Commission of Inquiry constituted to inquire into certain matters , and for related purposes [ASSENTED TO 12TH JULY, 1989]

866 Commission of Inquiry Continuation Act 1989, No. 67 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Commission of Inquiry Continuation Act 1989. 2. Commencement . This Act is deemed to have commenced on 3 July 1989 and is to be given retrospective operation accordingly. 3. Meaning of expressions . In this Act- "amended instrument of appointment" means the Order in Council of 26 May 1987 published in the Gazette of that date at pages 758A and 758B, being an instrument of appointment of a Commission within the meaning of the Commissions of Inquiry Act 1950-1989, as amended by Order in Council of 24 June 1987 published in the Gazette of that date at pages 1841A and 1841B and as further amended by Order in Council of 25 August 1988 published in the Gazette of that date at page 3579A and as further amended by Order in Council of 29 June 1989 published in the Gazette of that date at page 1895; "proclaimed date" means a date appointed by Proclamation for the purposes of this Act; "the Commission" means the Commission within the meaning of the Commissions of Inquiry Act 1950-1989 constituted by the Order in Council of 26 May 1987 referred to in the definition "amended instrument of appointment". 4. Continuance of Order in Council. The amended instrument of appointment has not ceased to be of force and effect upon the Commission's making its report and recommendations as required by that instrument. The amended instrument of appointment, or that instrument as hereafter further amended by Order in Council, continues to be of force and effect until the proclaimed date. 5. Continuance of inquiry . (1) The Commission continues in being as a Commission within the meaning of the Commissions of InquiryAct 1950-1989 until the proclaimed date. (2) A person who at the commencement of this Act held the appointment of chairman of the Commission or of a deputy to the Commission continues to hold the appointment in relation to the Commission continued in being by this Act until the proclaimed date or until he or she earlier relinquishes the appointment or the appointment is earlier terminated. (3) If a vacancy occurs before the proclaimed date in an appointment referred to in subsection (2) in relation to the Commission continued in being by this Act, the Governor in Council may, on the

Commission of Inquiry Continuation Act 1989, No. 67 867 recommendation of the Minister of the Crown who holds the office of Premier of Queensland, by, Order in Council, appoint a person to fill the vacancy on such terms and conditions and for such period (not extending beyond the proclaimed date) as the Governor in Council thinks fit. (4) The Commission so continued in being, and constituted by the person or persons for the time being appointed by Order in Council for the purpose, is hereby authorized to make a full and careful inquiry with respect to- (a) any matter or thing prescribed by paragraph 4 of the amended instrument of appointment; (b) any matter or thing appertaining to the matters prescribed by paragraphs 1, 2 and 3 of the amended instrument of appointment, or any of them, that to the Commission seems meet and proper in the public interest; (c) any matter or thing hereafter included in the amended instrument of appointment by way of further amendment by Order in Council. (5) In addition to a report made by it as required by the amended instrument of appointment, the Commission so continued in being is hereby authorized to report and make recommendations to any Minister of the Crown, as the Commission thinks fit, in respect of the subject- matter of its inquiry, or of any part of its inquiry. 6. Continued application of Commissions of InquiryAct. It is declared that the provisions of the Commissions of Inquiry Act 1950- 1989- (a) are applicable for the purposes of the inquiry of the Commission continued in being by this Act; (b) are applicable in relation to a person appointed to fill a vacancy referred to in section 5 (3). 7. Commission ' s report attracts Parliamentary privilege. Upon delivery of any report of the Commission or the Commission continued in being by this Act to a Minister of the Crown, or to the Government Printer for printing, the report and any accompanying document is accorded all the immunities and privileges of a report tabled in and ordered to be printed by the Legislative Assembly. 8. Variation of provisions affecting Commission . (1) A reference in the Special Prosecutor Act 1988 to the Commission of Inquiry is to be construed to include reference to the Commission continued in being by this Act and, subject to subsection (2), the provisions of that Act apply in relation to the Commission so continued in being. (2) The Commission continued in being by this Act may, at the discretion of the chairman thereof, subject to obtaining such clearances from its sources of information as it considers necessary or proper, make information, statements, documentary or other evidence, and

868 Commission of Inquiry Continuation Act 1989, No. 67 other material in its possession available to any body established or recognized by law and declared by Order in Council to be a prescribed body for the purposes of this Act. (3) The authority conferred by subsection (2) is in addition to any other authority had by the Commission continued in being by this Act to make available information, statements, documentary or other evidence, and other material in its possession. 9. Protection against legal liability . (1) Any act or thing done, or omission made, by the chairman of the Commission or the Commission continued in being by this Act or by a deputy to the Commission or the Commission so continued (or by any person acting under the authority of any of them) acting or refraining from acting or purporting to act or to refrain from acting- (a) in pursuance of the instrument of appointment of 26 May 1987, or that instrument as amended for the time being, or in pursuance of the amended instrument of appointment or that instrument as hereafter further amended by Order in Council; (b) in or in relation to any inquiry made by the Commission or the Commission continued in being by this Act, or any matter arising in, or out of, any such inquiry; (c) in relation to any function associated with any such inquiry; or (d) in relation to any activity incidental to any such act, thing, omission or function, is not to be held to have rendered, or to render, the chairman of, or the deputy to, such Commission, or any such person liable or legally responsible in proceedings by the Crown or any person, and proceedings are not to be commenced or, having been commenced, are not to be continued in respect of any such act, thing, or omission. (2) An act, thing or omission referred to in subsection (1) includes any act or thing done, or omission made, before or after the passing of this Act. (3) In this section- (a) the expression "act" includes- (i) the making of any statement or the giving of advice; and (ii) the making of any report or recommendation by or to the Commission or the Commission continued in being by this Act; (b) a reference to the chairman of the Commission, or the Commission continued in being by this Act, includes reference to Gerald Edward Fitzgerald, one of Her Majesty's

Commission of Inquiry Continuation Act 1989, No. 67 869 Counsel, and any person appointed in lieu of him as chairman of such Commission; (c) a reference to a deputy to the Commission, or the Commission continued in being by this Act, includes reference to- Patricia Mary Wolfe, barrister-at-law; and Gary William Crooke, one of Her Majesty's Counsel, and any person appointed in lieu of either of them as a deputy to such Commission.