Appointment of Commissioner for the commission of inquiry into deaths of Aboriginals and Torres Strait Islanders in custody

Overview

The Royal Commissions Act 1902 is an Act of the Parliament of Australia that provides for the establishment of Royal Commissions, which are investigative bodies empowered to conduct inquiries into matters of public importance. Enacted in 1902, the Act addresses the need for comprehensive and authoritative investigations into issues of national significance. This includes matters that may require a thorough examination beyond the scope of regular judicial or parliamentary inquiries. The policy objective of the Act is to ensure that significant issues are investigated with the necessary authority and independence to uncover the truth and make recommendations for necessary reforms. The Act empowers the Governor-General, on the advice of the Federal Executive Council, to appoint commissioners to conduct these inquiries, ensuring a rigorous and impartial investigation process.

Scope and Application

This legislation, issued under Letters Patent by the Governor-General of the Commonwealth of Australia, appoints Patrick Lionel Dodson as a Commissioner to conduct an inquiry into the deaths of Aboriginal and Torres Strait Islander individuals in Western Australia that occurred during police custody, in prison, or in any other place of detention between 1 January 1980 and 31 May 1989. The exclusion of deaths occurring in hospitals, mental institutions, infirmaries, or medical treatment centres, unless injuries suffered in police custody, in prison, or in any other place of detention caused or contributed to the death, highlights the specific focus on custodial circumstances. The Commissioner is authorised to consider social, cultural, and legal factors relevant to these deaths and to coordinate with other Commissioners appointed under the relevant Commission, as well as consult with the Honourable Elliott Frank Johnston, who leads the primary Commission. This coordinated approach ensures a unified methodology and adherence to any guidelines or recommendations issued by Johnston, facilitating a comprehensive and consistent inquiry. The Commissioner's report is to be submitted by 30 September 1990, or any later date set by the Queen, and must be presented to the Governor-General through Johnston.

Key Provisions

The main operative sections of the Letters Patent (C2004Q00988) concern the appointment of Patrick Lionel Dodson as a Commissioner to inquire into deaths of Aboriginals and Torres Strait Islanders in Western Australia occurring in custody or detention from 1 January 1980 to 31 May 1989. Section 1 formally appoints Dodson as a Commissioner, detailing the scope of his inquiry, which excludes deaths in hospitals, mental institutions, infirmaries, or medical treatment centres unless injuries incurred in police custody or detention caused or contributed to those deaths. Section 2 authorises Dodson to consider social, cultural, and legal factors that may have influenced these deaths. Section 3 directs Dodson to consult with the Honourable Elliott Frank Johnston, the principal Commissioner, regarding methods and procedures for their inquiries and to conform to any guidelines or recommendations issued by Johnston. Section 4 mandates that Dodson report to Johnston, who will then submit the report to the Governor-General by 31 December 1990. Section 5 allows Dodson to consider reports by James Henry Muirhead and consult with any other Commissioners investigating related deaths. Section 6 authorises Dodson to combine his inquiry with any other authorised by the Governor of Western Australia. Section 7 defines key terms such as "relevant Commission" and "relevant Commissioner" and mandates that Dodson submit his report by 30 September 1990 or a later date set by the Governor-General. The obligations and requirements imposed on the parties governed by these Letters Patent are comprehensive and include several key directives. Firstly, Patrick Lionel Dodson is required to conduct his inquiry expeditiously into the specified deaths, examining relevant social, cultural, and legal factors. Secondly, Dodson must consult with Elliott Frank Johnston, the principal Commissioner, to ensure a uniform approach in their inquiries. He is also obligated to conform to any guidelines or recommendations issued by Johnston. Additionally, Dodson must report to Johnston, who will then submit the findings to the Governor-General by the specified deadlines. Furthermore, Dodson is authorised to consider reports from James Henry Muirhead and consult with other Commissioners investigating related deaths. Finally, Dodson is permitted to combine his inquiry with any other authorised by the Governor of Western Australia, ensuring a cohesive approach to the investigations. The Letters Patent (C2004Q00988) outline specific consequences and penalties for non-compliance with the directives and obligations outlined. While the document does not explicitly state penalties for failing to meet the requirements, it is implied that non-compliance could lead to significant legal and administrative repercussions. The Governor-General retains the authority to set deadlines, and failure to meet these deadlines could result in the report being deemed incomplete or invalid. Additionally, not adhering to the consultation and reporting requirements might lead to the inquiry being questioned in terms of its thoroughness and impartiality. Ultimately, the consequences of not fulfilling these obligations could impact the credibility and effectiveness of the inquiry, potentially leading to further legal scrutiny or the need for additional investigations to address any gaps in the findings.