Appointment of Commissioner for the commission to conduct an inquiry into Terrence John Clark in respect of the deaths of Douglas Robert Wilson and Isabel Martha Wilson by engaging in activities in contravention to laws of the Commonwealth, in particular relating to the importation, exportation or possession of drugs

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004Q01011 In force Prerogative Instrument

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VICTORIA

ELIZABETH THE SECOND, BY THE GRACE OF GOD QUEEN OF AUSTRALIA AND HER OTHER REALMS AND TERRITORIES, HEAD OF THE COMMONWEALTH.

To our Trusty and Well-beloved DONALD GERARD STEWART, a Judge of the Supreme Court of New South Wales.

GREETINGS:

WHEREAS the 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 other enabling powers, has appointed you DONALD GERARD STEWART, a Judge of the Supreme Court of New South Wales, to be a Commissioner to inquire into, and report upon certain matters relating to Terrence John Clark, a person mentioned in the finding made on 29 August 1980 in the Coroner's Court at Melbourne in respect of the deaths of Douglas Robert Wilson and Isabel Martha Wilson.

AND WHEREAS the Governor of the State of Victoria, in the Commonwealth of Australia, by and with the advice of the Executive Council of the said State, hath deemed it expedient that a Commission should forthwith issue to you in the terms set out below.

NOW KNOW YE that We, reposing great trust and confidence in your knowledge and ability, have constituted and appointed and by these presents do constitute and appoint you DONALD GERARD STEWART, a Judge of the Supreme Court of New. South Wales, to be Our Commissioner to make inquiry into the following matters, namely­

(a) whether Terrence John Clark, a person mentioned in the finding made on 29 August 1980 in the Coroner's Court at Melbourne in respect of the deaths of Douglas Robert Wilson and Isabel Martha Wilson, engaged in activities involving contravention of laws of the State, relating to drugs, and in particular those laws set out in Part III of the Poisons Act 1958 and the Regulations made under the Poisons Act 1958 and, if so­

(i) the extent and nature of such activities of Terrence John Clark and persons associated with him;

(ii) the identity and involvement of persons associated with Terrence John Clark;

(iii) the methods of operation of Terrence John Clark and persons associated with him; and

(iv) the use made by Terrence John Clark and persons associated with him of banking, financial and other institutions in connection with those activities:

(b) whether, in the course of, or in connection with, activities of a kind referred to in paragraph (a), Terrence John Clark or any person associated with him directly or indirectly made or offered any payment or inducement for, or in connection with, or endeavoured by means of a threat to procure, the disclosure by any Commonwealth or State officer, or any person who was formerly a Commonwealth or State officer, of information relating to the activities of Douglas Robert Wilson, Isabel Martha Wilson or any other person;

(c) whether, in connection with activities of a kind referred to in paragraph (a), Terrence John Clark or any person associated with him procured or received, directly or indirectly, from a Commonwealth or State officer, or any person who was formerly a Commonwealth or State officer, any information (including information relating to any statement made by Douglas Robert Wilson or Isabel Martha Wilson concerning the activities of Terrence John Clark or any person associated with him);

(d) whether Terrence John Clark or any person associated with him or acting on his behalf in any way unlawfully interfered with or unlawfully attempted to interfere with the course of justice in relation to offences against laws of the State.

AND We declare that in these Our Letters Patent­

(e) the expression 'drug' means a narcotic or psychotropic substance or any plant or material from which such a substance is derived or may be produced; and

(f) a reference to a person or persons associated with Terrence John Clark is a reference to a person who, in or in connection with activities of a kind referred to in paragraph (a)­

(i) was associated, either directly or indirectly, with Terrence John Clark; or

(ii) acted either directly or indirectly on behalf of Terrence John Clark.

AND We require you to make such recommendations arising out of your inquiry as you think appropriate, including recommendations as to the method of enforcement of the criminal law and the legislative or administrative changes (if any) that are necessary or desirable in the light of the results of your inquiry.

AND We declare that you are authorized to conduct your inquiry into the matters mentioned aforesaid under these Our Letters Patent in combination with any inquiry into the matters that you are directed or authorized to make by any Commission or Commissions issued, or in pursuance of any Order or appointment made, by the Administrator of the Government of the Commonwealth of Australia or the Governor of any State of the Commonwealth of Australia.

AND We do by these presents give and grant unto you full power and authority to call before you such person or persons as you shall judge likely to afford you any information upon the subject of this Our Commission, and to inquire of and concerning the premises by all other lawful ways and means whatsoever.

AND We will and command that this Our Commission shall continue in full force and virtue and that you shall and may from time to time and at any place or places proceed in the execution thereof, and of any matter or thing therein contained although the same be not continued from time to time by adjournment.

AND We require you as expeditiously as possible to make your inquiry and, not later than 30th June, 1982 or such later date as We may be pleased to fix, to report to Us under your hand and seal a report of the results of your inquiry and your recommendations.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the seal of our said State to be hereunto affixed.

WITNESS His Excellency the Honourable Sir Henry Winneke, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Royal Victorian Order, Officer of the Most Excellent Order of the British Empire, Knight of the Most Venerable Order of the Saint John of Jerusalem, One of Her Majesty's Counsel Learned in the Law, Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, etc. etc. etc. at Melbourne this thirtieth day of June One thousand nine hundred and eighty-one in the thirtieth year of Our Reign

HENRY WINNEKE

By His Excellency's Command

HADDON STOREY

Attorney-General

 

Overview

The Royal Commissions Act 1902 was enacted to provide a framework for the establishment of Royal Commissions in Australia, enabling comprehensive investigations into matters of public importance. This Act was introduced to address the need for thorough and impartial inquiries into significant issues, ensuring that recommendations made as a result of these investigations are considered by the relevant authorities. The Act was enacted by the Parliament of Australia and its policy objective is to facilitate the investigation of complex and sensitive matters through the appointment of qualified commissioners. This approach ensures that critical issues are examined in detail, providing a basis for informed decision-making and potential legislative or administrative reforms.

Scope and Application

The Letters Patent appoints DONALD GERARD STEWART as a Commissioner to inquire into matters concerning Terrence John Clark in relation to his alleged involvement in drug-related activities and other offences under Victorian law. The Commissioner's inquiry is mandated to examine whether Clark and persons associated with him engaged in drug-related activities, attempted to procure confidential information from government officials, unlawfully interfered with the course of justice, and used financial institutions in connection with these activities. The scope of the inquiry is geographically confined to the State of Victoria and pertains specifically to the activities of Terrence John Clark. The Commissioner has broad powers to call witnesses, gather evidence, and report findings and recommendations to the Governor of Victoria by a specified deadline. This inquiry is authorised in combination with any other related inquiries by other commissions, facilitating a comprehensive investigation into the specified matters.

Key Provisions

The key operative sections of the document (1-6, 8-9) establish the terms of appointment and the scope of the inquiry for DONALD GERARD STEWART as a Commissioner. Section 1 identifies the authority behind the appointment, the Royal Commissions Act 1902 and the Constitution of the Commonwealth of Australia, as well as the specific findings from a Coroner's Court that led to the need for this inquiry. Section 2 specifies the matters that the Commissioner is to investigate, including activities related to drug laws, attempts to procure information from public officers, and interference with the course of justice. Section 3 clarifies the definitions used in the document, particularly the term 'drug' and 'persons associated with Terrence John Clark'. Section 4 outlines the Commissioner's mandate to make recommendations based on the findings of the inquiry. Sections 5 and 6 grant the Commissioner the power to call witnesses and conduct the inquiry in any lawful manner. Section 8 specifies the deadline for the completion of the inquiry and the submission of the report, while Section 9 ensures the ongoing validity of the Commission. The obligations and requirements imposed on DONALD GERARD STEWART, the appointed Commissioner, include conducting a thorough investigation into the specified matters, calling and questioning witnesses, and compiling a report with recommendations based on the findings. The Commissioner must adhere to the deadlines set out in the document, specifically completing the inquiry and submitting the report by the specified date, which is 30 June 1982, unless otherwise directed by the relevant authorities. The Commissioner is also required to use the powers granted to them to the fullest extent necessary to achieve the objectives of the inquiry. Regarding the potential consequences of non-compliance or breach of the terms set out in the document, the legislation does not explicitly state specific offences, penalties, or consequences. However, as a Commissioner appointed under the authority of the Royal Commissions Act 1902 and the Constitution, DONALD GERARD STEWART would be expected to adhere to the terms of their appointment and the legal framework governing their powers and responsibilities. Failure to comply with the terms or misuse of the powers granted could potentially lead to legal consequences, including revocation of the appointment or disciplinary action. Additionally, any witnesses or individuals who fail to comply with the Commissioner's lawful requests or provide false information could face legal repercussions under the applicable laws.

Legal classification tags

Area of Law
Criminal Law
Instrument
Prerogative instrument
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers
Catchwords
drugs
contravention of laws
interference with the course of justice

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.