Appointment of Commissioner for the commission to conduct an inquiry to determine appropriate compensation to be paid to former defendants in the Social Security Conspiracy case

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004Q00996 In force Prerogative Instrument

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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 DAME ROMA FLINDERS MITCHELL, DBE, LL.B.

GREETING:

WHEREAS prosecutions (hereinafter called “the prosecutions”) were instituted, by persons acting on behalf of the Commonwealth of Australia, against the persons named in the Schedule in respect of the offences mentioned in the Schedule:

AND WHEREAS a question has arisen whether, having regard to the institution of those prosecutions and to the events which occurred in connections with them, it would be appropriate for the Commonwealth to pay compensation in settlement of the claims of any person:

AND WHEREAS the considerable period of time that elapsed between the institution of the prosecutions and their termination may have exacerbated such disabilities as the institution of the prosecutions may have imposed and accordingly it is not desirable that proceedings under this Our Commission be prolonged:

AND WHEREAS it is desirable that, for the purposes of this Our Commission, the Commonwealth accept liability, not only for the acts and omissions of its officers but also for the acts and omissions of members of the former Commonwealth Police Force, members of the Australian Federal Police and Ministers of the Crown:

AND WHEREAS it is not desirable that proceedings under this Our Commission touch upon matters the subject of current judicial proceedings but it is intended that certain such matters should be considered in the event of the judicial proceedings being terminated (without prejudice to a right to reinstitute proceedings within a reasonable time after the conclusion of your inquiry in which event it would not be considered appropriate to rely on any defence available under a Statute of Limitation) :

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 Our Commonwealth of Australia, the Royal Commissions Act 1902 and other enabling powers, appoint you to be a Commissioner to inquire into the following matter, namely, whether the persons named in the Schedule or their legal personal representatives (other than any persons so named whom you are advised by the Attorney-General have instituted proceedings for damages in respect of the prosecutions) or other persons who were prosecuted in circumstances similar to those which led to the prosecutions mentioned in the Schedule and whose names are notified to you by the Attorney-General, claim compensation by reasons of the institution of the prosecutions or the events which occurred in connection with them and, if so, the amount of compensation (if any) that should be offered to each such person in full settlement of such a claim:

AND We require you, in conducting your inquiry -

(a) to bear in mind Our intention that, as far as possible, your inquiry be conducted with as little formality as circumstances will allow and that, as far as possible, submissions and evidence be received in writing;

(b) to assume that in each of the prosecutions there was a lack of due care associated either with the decision to institute the proceedings or with the conduct of the proceedings or with both that decision and the conduct of the proceedings but that there was not any conduct associated with the prosecutions which, in the event of litigation would found an award of aggravated or exemplary damages;

(c) to take into account the acceptance of liability by the Commonwealth recited above;

(d) to take into account the general circumstances surrounding the charges and the conduct of the prosecutions as, consistent with any assumption that you are required by these Our Letters Patent to make, you may find them to have been, but, and with a view to avoiding a prolonged inquiry, to bear in mind Our intention that you should refrain from an investigation of the evidence in the prosecution of alleged conspiracies;

(e) to exclude from your inquiry the claims of any person named in the Schedule in respect of whom the Attorney-General notifies you that proceedings for damages in relation to the prosecutions are pending; and

(f) to take into account the convictions referred to in the Schedule and any further convictions of which you may be notified by the Attorney-General:

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 of the results of your inquiry and your recommendations.

Schedule

(a) Persons charged with conspiring to defraud the Commonwealth against whom conspiracy charges were withdrawn and no substantive charges were preferred.
P. Actypis
J. Agoris
C. Anagnostopoulos
M. Aretas
T. Argyropoulos
G. Bakopoulos
J. Binos
T. Chasapis
G. Davis
A. Dimidis
A. Dinnen
G. Doukas
M. Ergos
L. Evangelopoulos
C. Fotopoulos
E. Galiatsos
N. Georgakopoulos
A. Georgalas
A. Gravas
A. Hadjipanayiotis
N. Hatzinikolaou
R. Kalkandis
A. Kallos
C. Kanakis
P. Kapitzakis
A. Kapsaskis
V. Karagiannis
V. Karaminas
A. karhadakis
K. Katsogiannis
B. Kavalos
A. Kavaratzis
K. KatsogiannisB. kavalos
A. Kavaratzis
H. Kolonis
K. Konstantakopoulos
A. Kostopoulos
P. Kotronis
G. Kotzabaskis
G. Kouloulias
C. Koustenis
A. Kritikakis
M. Lavazos
G. Loizides
P. Mamatisis
A. Manolidis
A. Marinos
A. Michaelidis
M. Minettos
G. Nakousis
K. Nakousis
G. Negas
C. Niahos
P. Otis
P. Palivos
M. Pantazis
J. Pantelakis
D. Papadatos
T. Papadimitriou
D. Papadopoulou
E. Papaionnou
I. Paramaktsis
N. Persanis
N. Petroutsos
V. Polyzogopoulos
A. Roubekas
P. Sakellarious
C. Skorou
S. Sorras
T. Stamboulis
T. Stamos
C. Stavris
C. Terzis
B. Tolis
G. Trivias
C. Troulis
J. Tsagiannis
J. Tsakirakis
M. Tsangaris
C. Tsimogiannis
G. Tsitouras
D. Tzineris
C. Vahtsavans
D. Vaporidis
P. Vassilopoulos
T. Vellios
L. Vrahnos
D. Xydis
A. Zafis
N. Zarpas

(b) Persons convicted of conspiring to defraud the Commonwealth:
J. Georgoudis
J. Sidirourgos
N. Soulis

(c) Persons charged with conspiring to defraud the Commonwealth against whom conspiracy charges were withdrawn and substantive charges preferred and who were convicted or had an offence found proved against them, in respect of one or more substantive charges:
T. Adamopoulos
K. Alexandratos
B. Althanasopoulos
C. Basetas
N. Bastas
A. Dimopoulos
G. Dimos
P. Hiotellis
P. Iglis
J. Kalamvokis
N. Kavvalos
G. Kazakonis
C. Kefalas
G. Kyriazis
C. Lambropoulos
V. Limberopoulos
A. Lotsaris
N. Lyhoudas
M. Makroglou
C. Ntzeremes
E. Panagiotidis
C. Papagyriou
D. Papanikolaou
C. Pappas
J. Pappas
C. Pavlatos
D. Petsiavas
C. Sotiropoulos
F. Spiropoulos
C. Togias
N. Tsiolis
P. Zalakos

(d) Persons charged with conspiring to defraud the Commonwealth against whom conspiracy charges were withdrawn and substantive charges preferred and who were acquitted:
A. Efstathiou
S. Ghetsios
A. Griveas
N. Kakakios
D. Kakoloris
J. Kerasis
V. Kostantakos
T. Staikos
A. Tsekouras
J. Vasiliou
N. Xenos

(e) Persons charged with conspiring to defraud the Commonwealth against whom conspiracy charges were withdrawn and against whom subtantive charges were preferred but were subsequently terminated:
P. Galanakis
N. Iliopoulos
N. Kabouris
M. Kastelorios
V. Kefalas
P. Louizos
G. Meloucas
N. Milionis
G. Miltsoudis
B. Palaskonis
A. Panagis
E. Pantassoulos
D. Papageorgiou
G. Saitanis
C. Sourdis
S. Stefanakis
B. Tsiriplis
A. Vardakis

(f) persons charged with conspiring to defraud the Commonwealth against whom conspiracy chargers were withdrawn and substantive charges preferred but who were not served with summonses:
C. Alogas
E. Alogdelis
N. Chondrou
G. Hatzidakis
G. Hondros
G. Karamalikis
M. Karapiperis
A. Messinis
J. Morfakis
M. Stavropoulos
M. Theodos
E. Tsoukalis
D. Tsoukalas
T. Varthalis
B. Vellis

(g) Persons charged with conspiring to defraud the Commonwealth and conspiring to defraud divers insurance companies who were convicted of conspiring to defraud divers insurance companies:
J. Giannakopoulis
C. Mitrakos

(h) Persons charged with conspiring to defraud the Commonwealth against whom proceedings terminated upon their death:
N. Kaltsouris

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, Knight of the Most Venerable Order of the Hospital of Saint John of Jerusalem, Governor-General of the Commonwealth of Australia and Commander-in-Chief of the Defence Force.

Dated this ninth day of February 1984

Governor-General

By His Excellency’s Command,

Minister of State for Trade
for and on behalf of the
Prime Minister

Overview

The Royal Commission Letters Patent 1984, issued under the authority of the Commonwealth of Australia, was enacted to address the issue of compensation for individuals who were prosecuted by the Commonwealth and subsequently found to be wrongfully accused. The Royal Commission was established by the Governor-General, 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. The primary objective of this Royal Commission is to determine whether the individuals listed in the Schedule, or their legal representatives, or other persons similarly prosecuted, are entitled to compensation for the harm caused by the institution of the prosecutions or events connected to them. The inquiry is to be conducted with as little formality as possible, primarily through written submissions and evidence, and should avoid prolonged investigation, particularly into the evidence of the prosecution of alleged conspiracies. The policy objective is to settle compensation claims efficiently while acknowledging the Commonwealth's liability for the actions of its officers and former police forces, and to avoid overlap with current judicial proceedings. The Royal Commission is tasked with considering various aspects of the prosecutions, including the lack of due care in the decision to institute or conduct the proceedings, and the general circumstances surrounding the charges and conduct of the prosecutions. The inquiry will also take into account the acceptance of liability by the Commonwealth and any convictions related to the charges. The Commissioner is required to report the findings and recommendations to the Governor-General as expeditiously as possible. This legislation aims to provide a fair and timely resolution for those who were wrongfully prosecuted by the Commonwealth, ensuring that the integrity of the legal process is upheld while addressing the injustices suffered by the affected individuals.

Scope and Application

The C2004Q00996 Act applies to individuals who were prosecuted for conspiring to defraud the Commonwealth, as well as those who were charged with similar offences but did not face substantive charges or were acquitted. This Act extends to the actions and omissions of Commonwealth officers, former Commonwealth Police Force and Australian Federal Police members, and Ministers of the Crown. The geographic reach of this legislation is limited to the Commonwealth of Australia, specifically targeting individuals involved in the specified prosecutions. It excludes any persons for whom proceedings for damages in relation to the prosecutions are pending, as notified by the Attorney-General. The Act provides for compensation claims due to the institution of the prosecutions or events connected to them, taking into account the acceptance of liability by the Commonwealth and excluding claims for aggravated or exemplary damages. The application of the Act may be extended or restricted through subordinate instruments as necessary.

Key Provisions

The primary focus of this legislation, conveyed through the Letters Patent issued by the Governor-General, is to appoint a Commissioner to inquire into the appropriateness of compensation for individuals affected by certain prosecutions instituted by the Commonwealth of Australia. This inquiry, as outlined in section (a), will determine whether compensation should be offered to individuals or their representatives for the alleged deficiencies in the prosecutions or associated events. The Commissioner is required to conduct this inquiry with minimal formality, primarily receiving submissions and evidence in writing, and to assume a lack of due care in the prosecutions without any conduct warranting aggravated or exemplary damages. The Commonwealth’s acceptance of liability for the actions of its officers and other specified entities is a crucial aspect of the inquiry, as mentioned in section (c). Additionally, the inquiry should avoid prolonged investigation, particularly regarding the evidence in the prosecutions of alleged conspiracies, as stated in section (d). Certain claims, such as those with pending litigation, are excluded from the inquiry as per section (e). The obligations imposed by this legislation on the parties involved are primarily directed towards the Commissioner. The Commissioner must adhere to the guidelines set forth in the Letters Patent, ensuring that the inquiry is conducted efficiently and with the appropriate level of formality. The Commissioner's role involves assessing the claims of affected individuals, taking into account the general circumstances of the charges and prosecutions, and considering the acceptance of liability by the Commonwealth. The Commissioner is also tasked with submitting a report to the Governor-General detailing the findings and recommendations of the inquiry. The legislation does not explicitly outline specific offences, penalties, or consequences for breach. However, the nature of the inquiry suggests that any procedural missteps by the Commissioner could be subject to scrutiny and potential consequences. The expeditious nature of the inquiry and the requirement to submit a report imply that failure to adhere to these directives could lead to administrative or judicial repercussions. The focus, however, remains on the substantive findings and recommendations rather than punitive measures for procedural errors.

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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.