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 GORDON JACOB SAMUELS AC QC
GREETING:
WHEREAS it is desired to have an inquiry into matters relating to the Australian Secret Intelligence Service:
NOW THEREFORE We do by these Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and in pursuance of the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and other enabling powers, appoint you to be a Commissioner to inquire into:
(a) the effectiveness and suitability of existing arrangements for:
(i) the control and accountability of the Service;
(ii) the organisation and management of the Service;
(iii) the protection of the Service’s intelligence sources and methods;
(iv) the resolution of grievances and complaints relating to the Service; and
(b) whether any changes in existing arrangements are required or are desirable:
AND We direct you to produce with Michael Henry Codd AC a single report of the results of your inquiries and his inquiries under the relevant Commission:
AND We further direct you to consult with Michael Henry Codd with regard to the methods and procedures to be followed in relation to his and your inquiries and concerning the content and preparation of that report:
AND We authorise you in the conduct of your inquiry to have regard to any information, evidence, document or thing communicated or furnished to you by Michael Henry Codd under the relevant Commission:
AND We declare that in these Our Letters Patent, the expression “relevant Commission” means the Commission of inquiry issued this day by Our Governor-General of the Commonwealth of Australia by Letters Patent to Michael Henry Codd:
AND We require you as expeditiously as practicable to make your inquiry and, not later than 31 December 1994, to furnish to Our Governor-General of the Commonwealth of Australia the report of the results of the inquiries and such recommendations as you consider appropriate.
WITNESS the Honourable William George Hayden, Companion of the Order of Australia, Governor-General of the Commonwealth of Australia on 15 March 1994.
Governor-General
By His Excellency’s Command
Minister for Foreign Affairs
for the Prime Minister
Overview
The Letters Patent issued in 1994 under the Royal Commissions Act 1902 established a Royal Commission to investigate the Australian Secret Intelligence Service (ASIS). The Royal Commission, headed by Gordon J. S. Jacobs AC QC, was tasked with examining the effectiveness and suitability of existing arrangements for the control, accountability, organisation, and management of ASIS, as well as the protection of its intelligence sources and methods. Additionally, the Commission was directed to explore whether changes to these arrangements were required or desirable. The objective was to provide a comprehensive report, jointly prepared with Michael Henry Codd, to the Governor-General by 31 December 1994. This inquiry aimed to address gaps and concerns regarding the oversight and operational integrity of ASIS, ensuring it met national security needs effectively and transparently.
Scope and Application
The Letters Patent issued under the authority of Queen Elizabeth II appoints a Commissioner to conduct an inquiry into the Australian Secret Intelligence Service, focusing on the effectiveness and suitability of existing arrangements for control, accountability, organisation, management, and protection of intelligence sources and methods, as well as the resolution of grievances and complaints. This inquiry is directed at understanding whether changes to these arrangements are necessary or desirable. The Commissioner is required to collaborate with another appointed Commissioner, Michael Henry Codd, to produce a unified report detailing the results of their investigations. The scope of the inquiry extends to consulting with the other Commissioner on methods, procedures, and the content of the report, which must be submitted by 31 December 1994. The inquiry is authorised to consider any information, evidence, documents, or items shared by the other Commissioner, reflecting a collaborative approach to the investigation. The Letters Patent also establish that the term "relevant Commission" refers to the Commission of inquiry issued to Michael Henry Codd, thereby clarifying the jurisdictional and functional boundaries of the inquiry.
Key Provisions
The main operative sections of the Letters Patent, C2004Q00968, establish the framework and authority for an inquiry into the Australian Secret Intelligence Service (ASIS). Section 1 appoints the Honourable Gordon Jacob Samuels AC QC as a Commissioner for the inquiry, directing him to investigate the effectiveness and suitability of existing arrangements for the control and accountability of ASIS (section 1(a)(i)), the organisation and management of the Service (section 1(a)(ii)), the protection of intelligence sources and methods (section 1(a)(iii)), and the resolution of grievances and complaints (section 1(a)(iv)). Additionally, section 1(b) mandates the Commissioner to determine if changes to existing arrangements are necessary or desirable. The Commissioner is required to collaborate with Michael Henry Codd under the relevant Commission and produce a joint report with him by 31 December 1994 (section 1).
The obligations and requirements imposed by the Letters Patent include the conduct of a thorough and timely inquiry into the specified areas concerning ASIS. The Commissioner must consult with Michael Henry Codd regarding the methods, procedures, and content of their inquiries and report (section 1). The Commissioner is authorised to access any information, evidence, documents, or items provided by Michael Henry Codd as part of their joint investigation (section 1). The Commissioner is further directed to ensure that the inquiry is conducted expeditiously, with the final report and recommendations submitted by the specified deadline (section 1).
Any breach of the obligations or requirements under the Letters Patent may lead to civil or criminal consequences. While specific penalties are not detailed in the text, breaches of commission duties could result in legal repercussions, including potential civil liabilities or criminal charges, depending on the severity and nature of the breach. The precise consequences would be determined by applicable laws and judicial interpretation at the time of any alleged breach.