COMMONWEALTH OF AUSTRALIA
ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:
TO:
THE HONOURABLE JAMES HENRY MUIRHEAD
GREETING:
WE DO by these Our Letters Patent issued in Our name by Our Administrator of the Government of the Commonwealth of Australia on the advice of the Federal Executive Council and pursuant to the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and every other enabling power, appoint you to be a Commissioner to inquire into -
(a) the deaths in Australia since 1 January 1980 of Aboriginals and Torres Strait Islanders (including any such death that may occur after the date of these Our Letters Patent) whilst in police custody, in prison or in any other place of detention; and
(b) any subsequent action taken in respect of each of those deaths including, but without limiting the generality of the foregoing, the conduct of coronial, police and other inquiries and any other things that were not done but ought to have been done:
AND We declare that you are authorised to conduct your inquiry into any matters under these Our Letters Patent in combination with any inquiry into the same or related matters that you are directed or authorised to make by any Commission issued, or pursuant to any order or appointment made, by any of Our Governors of the States:
AND We require you as expeditiously as practicable to make your inquiry and, not later than 31 December 1988 or such later date as We may be pleased to fix, to furnish to Our Governor-General of the Commonwealth of Australia a report of the findings of your inquiry and to make such recommendations as you consider appropriate in the light of your findings.
WITNESS His Excellency Air Marshal Sir James Anthony Rowland, Companion of the Order of Australia, Knight Commander of The Most Excellent Order of the British Empire, upon whom have been conferred the Decorations of the Distinguished Flying Cross and the Air Force Cross, Administrator of the Government of the Commonwealth of Australia.
Dated this 16 day of October 1987
Administrator
By His Excellency’s Command,
Attorney-General
for and on behalf of the
Prime Minister
Overview
The Commonwealth of Australia enacted Letters Patent in 1987 appointing a Commissioner to conduct a Royal Commission into deaths of Aboriginal and Torres Strait Islander people in custody since 1 January 1980. The problem this legislation sought to address was the significant and concerning number of deaths of Aboriginal and Torres Strait Islander individuals while in police custody, prison, or any other form of detention in Australia. By issuing these Letters Patent, the Commonwealth aimed to provide a thorough and authoritative investigation into these tragic incidents, alongside any subsequent actions taken, including inquiries and other relevant matters. The policy objective was to identify the causes and circumstances surrounding these deaths, assess the adequacy of responses and recommendations, and to ultimately propose appropriate recommendations for future prevention and accountability. This Royal Commission was part of a broader effort to address systemic issues and ensure justice for Aboriginal and Torres Strait Islander communities affected by these tragedies.
Scope and Application
The Letters Patent issued under the authority of the Commonwealth of Australia appoint a Commissioner to undertake an extensive inquiry into the deaths of Aboriginal and Torres Strait Islander individuals since 1 January 1980 while they were in police custody, prison, or any other form of detention. This inquiry is intended to comprehensively cover any deaths that occurred prior to and after the issuance of the Letters Patent, along with subsequent actions taken regarding these deaths, including coronial, police, and other related investigations. The Commissioner is authorised to combine this inquiry with any other related inquiries they may be directed to conduct by state governors. The scope of this inquiry is national, covering all jurisdictions within Australia, and is intended to provide a thorough examination of the circumstances surrounding these deaths and the subsequent actions taken. The Commissioner is required to submit a report of their findings and any appropriate recommendations to the Governor-General of the Commonwealth of Australia by 31 December 1988, or any later date specified by the Queen.
Key Provisions
The main operative sections of this legislation, identified by the Letters Patent issued by the Administrator of the Government of the Commonwealth of Australia, appoint a Commissioner to conduct an inquiry into the deaths of Aboriginal and Torres Strait Islander people in Australia since 1 January 1980 while in police custody, in prison, or any other place of detention (Section 1(a)). Additionally, the inquiry will encompass any subsequent actions taken regarding these deaths, including the conduct of coronial, police, and other inquiries, as well as any omissions that should have been addressed (Section 1(b)). The Commissioner is also empowered to combine this inquiry with any related investigations authorised by the Governors of the States (Section 2). The Commissioner is mandated to complete the inquiry as expeditiously as possible and submit a report to the Governor-General by 31 December 1988, or a later date set by the Queen, along with appropriate recommendations based on the findings (Section 3).
The Act imposes several obligations on the Commissioner. Foremost, the Commissioner must conduct the inquiry into the specified deaths and subsequent actions in a thorough and timely manner (Section 1(a) and (b)). The Commissioner is also required to combine this inquiry with any related investigations authorised by state governors if relevant (Section 2). Furthermore, the Commissioner must furnish a comprehensive report to the Governor-General by the specified deadline, including any recommendations deemed appropriate in light of the findings (Section 3). The Commissioner's role is to ensure that the inquiry is conducted impartially and with due diligence, aiming to uncover all relevant facts and provide a basis for informed recommendations.
Failure to adhere to the requirements set out in the legislation may result in legal consequences. Although the Letters Patent do not explicitly outline specific penalties for non-compliance, the gravity of the inquiry and the nature of the mandate suggest that any deviation from the prescribed duties could be subject to judicial review or other legal actions. The Commissioner's failure to submit a timely report or to conduct the inquiry with due diligence could lead to legal scrutiny, potentially impacting their position and the credibility of the findings. Additionally, the recommendations provided in the report, if deemed inadequate or poorly substantiated, could face criticism or challenges in their implementation.