Appointment of Commissioner for the commission to conduct an inquiry into the activities of the Federated Ship Painters and Dockers Union

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004Q01020 In force Prerogative Instrument

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ENTERED ON RECORD by me, in Register of Patents No.  15, page  33,

This Tenth day of September 1980.

 

 

DAVID N. REID

Secretary to the Federal Executive Council

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     FRANCIS XAVIER COSTIGAN, Q.C., LL.B.

GREETING:

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, on and from 1 October 1980, a Commissioner to inquire, for the purpose of the exercise and performance of the powers and functions of the Parliament and Government of the Commonwealth, whether the Federated Ship Painters and Dockers Union (hereinafter referred to as “the Union”) or any officer or member of the Union has engaged in illegal activities in relation to Shipping engaged in trade and commerce between Australia and places outside Australia or among the States or ships operated by, or on behalf of, the Commonwealth or in relation to any naval establishment within the meaning of the Naval Defence Act 1910:

AND, without restricting the scope of your inquiry, we direct you, for the purpose of your inquiry, to give particular attention to the following questions:

(a) whether any executive, administrative or other body forming part of, or established by, the Union has been used, or is being used, for the purposes of illegal activities, other than activities involving only breaches of laws, whether of the Commonwealth or a State, relating to trade unions;

(b) whether the Union or any of its officials or member has been or is engaged in demanding or receiving payments (other than payments of any ordinary commercial nature or payments in accordance with an industrial award or agreement in respect of work actually performed or to be performed) from employers in other persons in relation to ships engaged in trade and commerce between Australia and places outside Australia or among the States, in relation to ships operated by, or on behalf of, the Commonwealth or in relation to any naval establishment within the meaning of the Naval Defence Act 1910 and, if any such payments have been made -

(i) the persons by whom and to whom any such payments have been made;

(ii) the reasons for, or the purpose of, any such payments;

(iii) the subsequent or proposed use or disposal of any such payments;

 

 

 

(c) whether the Union or any officers or members of the Union have engaged in illegal activities in relation to the election or appointment of officers of the Union or the conduct or purported conducted of the Union’s affairs;

(d) if the Union or any officers or members of the Union have engaged in activities or any of the kinds referred to in this or the preceding paragraphs, whether the employment conditions applying to the work of ship painters and dockers have contributed to the development of those activities:

AND We direct you to make such recommendations arising out of your inquiry as you think appropriate, including recommendations regarding the legislative or administrative changes, if any, that are necessary or desirable:

AND We further direct that any finding that the Union or any officer or member of the Union has engaged in conduct amounting to a criminal offence be made only on evidence, admissible in a Court of Law, sufficient to place the Union, officer or member on trial for that offence.

AND We further direct that, in making your recommendations, you have regard to the announced intention of the Government of the Commonwealth to introduce a system of reporting of demands for, and payments of, monies following the report of the Royal Commission into Alleged Payments to Maritime Unions by the Honourable Mr Justice Sweeney:

AND We declare that you are authorized to conduct your inquiry into any matters under these Our Letters Patent in combination with any inquiry into the same or related matters that you are directed or authorized to make by any Commission issued, or in pursuance of any order or appointment made, by any of Our Governors of the States:

AND We require you as expeditiously as possible to make your inquiry and -

(e) not later than 31 March 1981, to furnish to Our Governor-General of the Commonwealth of Australia an interim report of the results of your inquiry; and

(f) not later than 30 September 1981, or such later date as We may be pleased to fix, to furnish to Our Governor-General of the Commonwealth of Australia a report of the results of  your inquiry and your recommendations.

 

 


WITNESS His Excellency Sir Zelman Cowen, 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 of the Most Venerable Order of the Hospital of Saint John of Jerusalem, one of Her Majesty’s Counsel learned in the law, Governor-General of the Commonwealth of Australia and Commander-in-Chief of the Defence Force.

 

 

Dated this tenth day of September 1980.

 

ZELMAN COWEN

Governor-General

 

By His Excellency’s Command

 

 

 

Minister of State for Trade and

Resources for and on behalf of the

Prime Minister

Overview

The Letters Patent issued on 10 September 1980, by Queen Elizabeth II through her Governor-General of the Commonwealth of Australia, established a Royal Commission under the authority of the Royal Commissions Act 1902. This Commission, headed by Francis Xavier Costigan, Q.C., LL.B., was tasked with investigating potential illegal activities associated with the Federated Ship Painters and Dockers Union, focusing particularly on any illicit actions in relation to shipping, union affairs, and financial dealings. The Royal Commission was empowered to delve into issues such as the misuse of union bodies for illegal purposes, improper financial transactions involving employers, illegal activities in union elections or operations, and the impact of employment conditions on these activities. The overarching objective was to identify and recommend necessary legislative or administrative reforms, especially in light of the Government's announced intentions to implement a system for reporting financial demands and payments, following a prior inquiry by Mr Justice Sweeney into alleged payments to maritime unions. This Commission was set to deliver an interim report by 31 March 1981, and a final report by 30 September 1981, or a later date specified by the Queen.

Scope and Application

The Letters Patent issued by Queen Elizabeth II on 10 September 1980, through her Governor-General of the Commonwealth of Australia, Zelman Cowen, appoint Francis Xavier Costigan as a Commissioner to conduct a Royal Commission into the Federated Ship Painters and Dockers Union (referred to as "the Union") to investigate allegations of illegal activities involving the Union or its officers and members. The scope of the Commission is expansive, focusing on illegal activities related to shipping engaged in trade and commerce between Australia and overseas locations, among the states, or involving ships operated by or on behalf of the Commonwealth, as well as naval establishments. The Commission is directed to pay particular attention to whether the Union or its officials are involved in demanding or receiving improper payments from employers, illegal activities related to the election or conduct of Union affairs, and whether employment conditions have contributed to such activities. The Commission is required to submit an interim report by 31 March 1981 and a final report by 30 September 1981, or any later date specified. The findings and recommendations of the Commission, which may include legislative or administrative changes, are to be made with consideration of the government's intention to implement a system for reporting demands and payments of monies, following the Royal Commission into Alleged Payments to Maritime Unions. The Commission’s authority extends to combining its inquiry with any related inquiries under other commissions or orders.

Key Provisions

The primary operative sections of this legislation (sections 2 and 3) involve the appointment of a Commissioner to conduct an inquiry into illegal activities undertaken by the Federated Ship Painters and Dockers Union. The Commissioner, Francis Xavier Costigan, Q.C., LL.B., is tasked with examining whether the Union or any of its officers or members have engaged in illegal activities related to maritime trade and commerce, including activities that may be considered illegal under Commonwealth or State laws. The scope of this inquiry includes, but is not limited to, examining the use of executive or administrative bodies within the Union for illegal purposes, the receipt of payments from employers for services not in accordance with ordinary commercial practices or industrial agreements, the illegal activities surrounding the election or appointment of Union officers, and the potential contribution of employment conditions to the development of such illegal activities. This Act imposes several obligations on the parties it governs. The Commissioner is required to conduct a thorough and comprehensive inquiry into the specified areas of interest and to submit an interim report by 31 March 1981 and a final report by 30 September 1981, or another date set by the Governor-General. The Commissioner must also ensure that any findings of criminal conduct are based on evidence sufficient to support a trial in a Court of Law. Additionally, the Commissioner is directed to consider the Government's intention to implement a system for reporting demands and payments of monies, as recommended by the Royal Commission into Alleged Payments to Maritime Unions. The legislation includes provisions regarding the consequences of breaches. While the document does not explicitly outline specific offences or penalties, the serious nature of the inquiry suggests that any findings of illegal activities could lead to significant civil or criminal consequences for those involved. The Commissioner's recommendations may include legislative or administrative changes to address any identified issues, and the evidence gathered could potentially be used in legal proceedings against those found to have engaged in criminal activities. The ultimate aim is to ensure accountability and to recommend measures that will prevent future illegal activities within the Union.

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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.