Appointment of Commissioner for the Commission to conduct an inquiry into the electoral redistribution in 1977 of the State of Queensland into Electoral Divisions

Overview

The Royal Commissions Act 1902, enacted in 1902, provides the legal framework for establishing Royal Commissions in Australia. It was introduced to address the need for thorough and independent investigations into matters of public importance, ensuring that the findings and recommendations are impartial and comprehensive. The Act empowers the Governor-General, on the advice of the Federal Executive Council, to appoint commissioners to inquire into specified matters and report back with recommendations. In this particular instance, the Letters Patent of 24 April 1978 appointed Honourable Douglas Gordon Patrick McGregor as a Commissioner to investigate potential breaches of law or improprieties during the redistribution of Electoral Divisions in Queensland for the 1977 federal election, particularly concerning the renaming of a proposed Division from "Gold Coast" to "McPherson". The policy objective is to ensure the integrity and fairness of electoral processes by examining any actions or communications that might have influenced the redistribution.

Scope and Application

The Letters Patent issued on 24 April 1978, pursuant to the Royal Commissions Act 1902 and other enabling powers, designate Douglas Gordon Patrick McGregor as a Commissioner to investigate and report on potential breaches of Commonwealth law or improprieties related to the 1977 redistribution of electoral divisions in Queensland for the election of Members of the House of Representatives. This includes examining the renaming of a proposed division from "Gold Coast" to "McPherson." The scope of the inquiry is specifically tied to actions or communications involving the Honourable Eric Robinson, the Distribution Commissioners, and any consequential actions taken due to his involvement. The Commissioner's remit extends to making recommendations based on the findings of the inquiry. The inquiry's geographic scope is limited to the Commonwealth of Australia, particularly focusing on the electoral division changes within the State of Queensland. The Letters Patent direct the Commissioner to conduct the inquiry and report findings expeditiously to the Governor-General of the Commonwealth of Australia. The application of this Act is narrowly tailored to this specific inquiry, with no broad jurisdictional reach beyond the specified context of electoral division changes in Queensland.

Key Provisions

The Letters Patent issued on 24 April 1978 (s.1) appoint Douglas Gordon Patrick McGregor as a Commissioner to investigate potential breaches of law or improprieties during the 1977 re-distribution of Electoral Divisions in Queensland, specifically focusing on the renaming of a proposed division from "Gold Coast" to "McPherson." This inquiry includes examining actions by or on behalf of Honourable Eric Robinson, actions by Distribution Commissioners in response to such actions, and any communication between the Distribution Commissioners and Honourable Eric Robinson (s.2(a)-(c)). The Commissioner is tasked with making recommendations based on the findings of this inquiry. The Commissioner, Douglas Gordon Patrick McGregor, has specific obligations under these Letters Patent. He must conduct his inquiry expeditiously and report back to the Governor-General of the Commonwealth of Australia with his findings and recommendations (s.2). His role is to ensure a thorough and timely investigation into the matters specified, with a focus on identifying any legal breaches or improprieties. Failure to comply with the directives outlined in these Letters Patent could potentially lead to civil or administrative consequences, although specific penalties are not detailed in the text. The seriousness of the inquiry and the appointment of a judge to undertake it suggest a high level of responsibility and the expectation of thoroughness and integrity in the investigation. In summary, the key provisions of this Letters Patent involve appointing a Commissioner to investigate specific actions and communications related to the electoral division re-distribution in Queensland, directing him to report findings and recommendations to the Governor-General, and implying a duty of expeditious and thorough inquiry. The obligations placed on the Commissioner are to conduct a detailed investigation and submit a report, while any breaches of these directives may lead to unspecified civil or administrative repercussions.