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:
MICHAEL HENRY CODD AC
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 the Honourable Gordon Jacob Samuels AC QC a single report of the results of your inquiries and his inquiries under the relevant Commission:
AND We further direct you to consult with the Honourable Gordon Jacob Samuels 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 further direct you, in conducting your inquiry and preparing the report, to take account of any views of the Honourable Gordon Jacob Samuels concerning how those inquiries are to be conducted and that report prepared:
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 the Honourable Gordon Jacob Samuels 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 the Honourable Gordon Jacob Samuels:
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 Royal Commission on Australian Secret Intelligence Services, established under Letters Patent issued by Queen Elizabeth II in 1994, aims to scrutinise the effectiveness and suitability of the Australian Secret Intelligence Service (ASIS). The Royal Commission was enacted in response to a perceived need for heightened accountability and transparency within ASIS, addressing concerns about the control, organisation, protection of intelligence sources, and grievance resolution mechanisms within the service. The objective of this inquiry is to ensure that the operations of ASIS align with national security interests while maintaining public trust. This royal commission was authorised by the Governor-General on the advice of the Federal Executive Council and under the powers conferred by the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902, and other relevant statutes. The commission is tasked with delivering a comprehensive report by 31 December 1994, which will include recommendations for any necessary changes to existing arrangements within ASIS.
Scope and Application
The Letters Patent issued by Queen Elizabeth II through the Governor-General of Australia establish the appointment of Michael Henry Codd as a Commissioner to conduct an inquiry into the Australian Secret Intelligence Service. The focus of this inquiry encompasses the effectiveness and suitability of existing arrangements for the control, accountability, organisation, and management of the Service, as well as the protection of its intelligence sources and methods. Additionally, the inquiry will assess whether any changes to existing arrangements are necessary or desirable. The Commissioner is directed to collaborate with another appointed Commissioner, Gordon Jacob Samuels, to produce a unified report detailing the findings of their respective inquiries. The scope of the inquiry extends to consulting on methods, procedures, and the content of the report, ensuring that both Commissioners' perspectives are integrated. This inquiry is governed by the Royal Commissions Act 1902 and other enabling powers, and it applies nationally, targeting the Australian Secret Intelligence Service and its operations. There are no specific exclusions, exemptions, or thresholds mentioned within the Letters Patent, but the inquiry is limited to matters directly related to the Service's current arrangements and potential reforms.
Key Provisions
The main operative sections of the Letters Patent, designated by C2004Q00969, outline the tasks and directives given to Michael Henry Codd, who is appointed as a Commissioner to conduct an inquiry into various aspects of the Australian Secret Intelligence Service (ASIS). Section (a) mandates Codd to investigate the effectiveness and suitability of existing arrangements concerning the control and accountability of ASIS, its organisation and management, the protection of intelligence sources and methods, and the resolution of grievances and complaints. Section (b) further directs Codd to determine if changes to existing arrangements are necessary or advisable. The Commissioner is required to collaborate with another appointed Commissioner, Gordon Jacob Samuels, on the methods, procedures, and the content of the final report, as stated in sections (c) and (d). Section (e) authorises Codd to utilise any information or evidence provided by Samuels in his inquiry. Finally, section (f) sets a deadline of 31 December 1994 for the completion of the inquiry and submission of the report to the Governor-General of Australia.
The Act imposes several obligations on the parties it governs. Firstly, Michael Henry Codd, as the Commissioner, is mandated to conduct a thorough and comprehensive inquiry into the specified areas of ASIS. He must consult with Gordon Jacob Samuels on all aspects of the inquiry, including the methods and procedures to be employed, and the content and preparation of the final report. Codd is also required to consider Samuels' views on the conduct of the inquiry and report preparation. Additionally, Codd must utilise any relevant information provided by Samuels in his investigation. Lastly, Codd is obligated to complete the inquiry and submit the report by the specified deadline.
Failure to comply with the directives of the Letters Patent could result in civil or criminal consequences, although the specific penalties are not detailed in the text. Breaches of the obligations set out in the Act, such as not conducting the inquiry as directed or not submitting the report by the deadline, may lead to legal repercussions. However, the precise nature and extent of these consequences are not explicitly stated in the document. It is likely that any breaches would be subject to the jurisdiction and penalties outlined in the broader legislative framework governing Royal Commissions in Australia.