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 TREVOR REES MORLING
GREETING:
WHEREAS -
(a) on 29 October 1982, in the Supreme Court of the Northern Territory -
(i) Alice Lynne Chamberlain was convicted on a charge of murdering her daughter Azaria at Ayers Rock on 17 August 1980; and
(ii) Michael Leigh Chamberlain was convicted of being an accessory after the fact to that murder; and
(b) doubts or questions have arisen as to their guilt or as to evidence in the trial leading to their conviction:
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 pursuant to the Royal Commissions Act 1902 and every other enabling power, appoint you to be a Commissioner to inquire into the following matters, namely, the matters set forth in paragraph (b) of the preamble to these Our Letters Patent:
AND We direct that, in determining the nature and the scope of your inquiry in accordance with these Our Letters Patent, you be guided by the meaning given to like terms in sub-section 475 (1) of the Crimes Act, 1900 of the State of New South Wales:
AND We declare that you are authorised to conduct your inquiry into the matters mentioned aforesaid under these Our Letters Patent in combination with the inquiry that you have been directed or authorised to make pursuant to the appointment by the Attorney-General of the Northern Territory under section 3 of the Commission of Inquiry (Chamberlain Convictions) Act 1986 of that Territory constituting you to be the Commission of Inquiry established under sub-section 3 (1) of that Act:
AND We require you as expeditiously as possible to make your inquiry and to furnish to Our Governor-General of the Commonwealth of Australia a report on the conclusions to be drawn from the evidence and other material information received by you.
WITNESS His Excellency the Right Honourable Sir Ninian Martin Stephen, a member of Her Majesty’s Most Honourable Privy Council, Knight of the Order of Australia, Knight Grand Cross of The Most Distinguished Order of Saint Michael and Saint George, Knight Grand Cross of The Royal Victorian Order, Knight Commander of The Most Excellent Order of the British Empire and Governor-General of the Commonwealth of Australia.
Dated 2 April 1986
Governor-General
By His Excellency’s Command,
Attorney-General
for and on behalf of
Prime Minister
Overview
The Commission of Inquiry (Chamberlain Convictions) Act 1986 was enacted to address the lingering doubts and questions regarding the convictions of Alice Lynne Chamberlain for the murder of her daughter Azaria at Ayers Rock in 1980, and Michael Leigh Chamberlain for being an accessory after the fact to the murder. This Act was introduced by the Commonwealth of Australia, authorised through the Governor-General's Letters Patent, and directed by the Federal Executive Council. The objective of this inquiry was to thoroughly investigate the circumstances and evidence that led to the convictions, ensuring a comprehensive review of the case and addressing any potential miscarriages of justice. This Act empowered the appointed Commissioner to conduct a detailed inquiry, combining it with the investigation authorised under the Northern Territory's Commission of Inquiry (Chamberlain Convictions) Act 1986, to furnish a report on the findings to the Governor-General.
Scope and Application
This prerogative instrument establishes a Commissioner to inquire into the convictions of Alice Lynne Chamberlain and Michael Leigh Chamberlain in relation to the death of their daughter, Azaria Chamberlain, at Ayers Rock. The scope of the inquiry is guided by the terms set forth in the Crimes Act 1900 of the State of New South Wales. The Commissioner, Trevor Rees Morling, is tasked with examining the doubts and questions surrounding the guilt of the Chamberlains and the evidence presented during their trial. The inquiry is conducted under the authority of the Royal Commissions Act 1902 and is combined with the existing inquiry established under the Commission of Inquiry (Chamberlain Convictions) Act 1986 of the Northern Territory. The Commissioner is required to submit a report to the Governor-General of the Commonwealth of Australia, detailing the conclusions drawn from the evidence and information gathered during the inquiry. The geographic and jurisdictional reach of this prerogative instrument is national, as it pertains to convictions that occurred in the Northern Territory but is overseen by a Commonwealth-appointed Commissioner. The instrument does not specify any exclusions, exemptions, or thresholds, nor does it mention the extension or restriction of its application through subordinate instruments.
Key Provisions
The key operative sections of this legislation (C2004Q00992) focus on appointing a Commissioner to conduct an inquiry into the convictions of Alice Lynne Chamberlain and Michael Leigh Chamberlain. Section 1 establishes the appointment of the Honourable Trevor Rees Morling as a Commissioner to investigate doubts or questions regarding the guilt or evidence in their trial. Section 2 mandates that the Commissioner's inquiry should be guided by the meaning given to similar terms in sub-section 475 (1) of the Crimes Act, 1900 of the State of New South Wales. Section 3 authorises the Commissioner to conduct the inquiry in combination with another inquiry directed by the Attorney-General of the Northern Territory under section 3 of the Commission of Inquiry (Chamberlain Convictions) Act 1986. Section 4 requires the Commissioner to expeditiously complete the inquiry and submit a report to the Governor-General of the Commonwealth of Australia.
The obligations imposed on the parties governed by this Act primarily rest with the Commissioner, Trevor Rees Morling. The Commissioner is tasked with conducting a thorough and timely inquiry into the matters specified, ensuring that the investigation is comprehensive and guided by relevant legal standards. The Commissioner must collate evidence and other material information, and deliver a report on the conclusions drawn from this inquiry to the Governor-General of the Commonwealth of Australia.
Under this legislation, there are no explicit provisions detailing specific offences, penalties, or consequences for breach. The primary focus is on the procedural and investigative aspects of the inquiry rather than punitive measures. However, the seriousness of the matter and the implications of the inquiry suggest that any failure to conduct the investigation with due diligence or to submit a report as required could have significant legal and public repercussions for the Commissioner.