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

Overview

The Royal Commissions Act 1902 was enacted to provide a framework for the establishment of Royal Commissions in Australia, enabling the Commonwealth to investigate matters of national significance. In 1988, Letters Patent were issued under the authority of the Royal Commissions Act 1902 to appoint Lewis Wyvill, QC, as a Commissioner to inquire into the deaths of Aboriginal and Torres Strait Islander people in police custody, prisons, or other detention facilities since 1 January 1980, excluding deaths occurring in hospitals or medical treatment centres unless injuries suffered in detention contributed to the death. The objective of this inquiry was to establish a uniform approach to investigating these deaths, consulting with the existing Commissioner, James Henry Muirhead, and submitting reports by 30 June 1989. The appointment aimed to address the systemic issues and gaps in the handling of such deaths, ensuring thorough and coordinated investigations.

Scope and Application

The Letters Patent issued by the Commonwealth of Australia appoint Lewis Wyvill, QC, as a Commissioner to inquire into the deaths of Aboriginal and Torres Strait Islander individuals in police custody, prisons, or other detention facilities in Queensland, as well as in other parts of Australia if specifically requested by the Honourable James Henry Muirhead, since 1 January 1980. This inquiry excludes deaths occurring in hospitals, mental institutions, infirmaries, or medical treatment centres, unless such deaths were caused or contributed to by injuries sustained while in police custody, in prison, or in any other detention facility. The Commissioner is required to investigate not only the deaths but also any subsequent actions taken in relation to these deaths, including any omissions that should have been addressed. The Commissioner is directed to consult with the Honourable James Henry Muirhead regarding the methods and procedures for these inquiries, and to adhere to any guidelines or recommendations issued by Muirhead. Furthermore, the Commissioner may be requested to focus on specific deaths or to refrain from investigating certain deaths as per Muirhead's direction. The Commissioner is also required to consult with Muirhead on the preparation of his reports and recommendations under the existing Commission, with a deadline of 31 December 1989 for these consultations. The Commissioner is authorised to combine this inquiry with any related inquiries conducted under other commissions or orders. The term "existing Commission" refers to the commission of inquiry issued on 16 October 1987 to the Honourable James Henry Muirhead. The Commissioner must submit reports on findings to Muirhead by 30 June 1989, or another date set by the Governor-General.

Key Provisions

The operative sections of these Letters Patent (sections 1-8) outline the appointment of Lewis Wyvill, QC as a Commissioner to inquire into specific deaths and related actions. Section 1 appoints the Commissioner and defines the scope of the inquiry to include deaths of Aboriginals and Torres Strait Islanders in police custody or detention, but not in hospitals or medical institutions, unless injuries sustained in custody contributed to the death. Section 2 mandates that the Commissioner consult with the Honourable James Henry Muirhead to establish uniform methods and procedures for the inquiry, and to conform with any guidelines or recommendations made by Muirhead. Section 3 allows Muirhead to request the Commissioner to either undertake or not undertake an inquiry into a specific death. Section 4 requires the Commissioner to consult with Muirhead on the preparation of reports and recommendations. Section 5 authorises the Commissioner to combine this inquiry with any related inquiries they may be conducting under other commissions. Section 6 clarifies the meaning of “existing Commission,” referring to the commission issued on 16 October 1987 to Muirhead. Section 7 requires the Commissioner to report findings to Muirhead, who will then submit them to the Governor-General, with deadlines set for the completion of the inquiry and submission of reports. The obligations imposed by these Letters Patent on the parties involved primarily rest on the Commissioner. The Commissioner must conduct a thorough inquiry into the specified deaths and related actions, ensuring that the inquiry is both comprehensive and adherent to the guidelines and recommendations provided by Muirhead. The Commissioner must also maintain regular consultation with Muirhead regarding the methods and procedures of the inquiry, as well as the preparation of the final report and recommendations. Additionally, the Commissioner must submit detailed reports on their findings and any recommendations they deem appropriate to Muirhead, who will then forward these to the Governor-General by the stipulated deadlines. The Letters Patent do not explicitly outline specific offences, penalties, or consequences for breach of any requirements. However, given the formal nature of the Letters Patent and the significant responsibilities bestowed upon the Commissioner, non-compliance with the directives could potentially lead to legal repercussions. This may include judicial review or other legal actions that could be initiated if the Commissioner fails to adhere to the outlined obligations, particularly in the context of their duty to submit timely and detailed reports to Muirhead. The absence of specified penalties in the text suggests that the overarching legal framework of Australia would be invoked in the event of non-compliance, ensuring that the gravity of the inquiry is maintained.