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 PHILLIP GEORGE EVATT DSC, LL.B.
GREETING:
WHEREAS by Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on 13 May 1983 we appointed you to be a Commissioner to inquire into and report upon certain matters relating to the use, and the effects in certain respects of the use, of chemical agents in the course of hostilities in Vietnam:
AND WHEREAS it is desirable that your inquiry include certain matters that do not fall directly within the matters to be inquired into under the Letters Patent issued on 13 May 1983:
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 the Commonwealth of Australia, the Royal Commissions Act 1902 and other enabling powers, fix 13 January 1985 as the date on or before which We require you to furnish to Our Governor-General of the Commonwealth of Australia a final report of the results, including findings and conclusions, of your inquiry into, and your recommendations concerning, all matters specified in the Letters Patent issued on 13 May 1983:
AND We vary the Letters Patent issued on 13 May 1983 so as to require you -
(a) to commence the epidemiological study relating to the morbidity of Australian national service personnel who served in Vietnam in the period commencing on 31 July 1962 and ending at the expiration of 11 January 1973, as that study has been proposed by you in your letter dated 23 December 1983 to the Prime Minister of the Commonwealth of Australia and amended by you in your letter dated 16 February 1984 to the Special Minister of State;
AND
(b) to undertake in the course of the study an early analysis of traceability, response rates, prevalence rates and the establishment of an exposure index, and to furnish to Our Governor-General of the Commonwealth of Australia not later than 31 January 1985 a report on the results of your analysis in order that We may further determine whether the study should continue.
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 twenty seventh day of June 1984.
Governor-General
By His Excellency’s Command,
Prime Minister
Overview
The Royal Commission on the Use of Chemical Agents in Vietnam was established in 1984 through Letters Patent issued by Queen Elizabeth II, following advice from the Federal Executive Council. The primary purpose of this instrument was to address the need for an extensive inquiry into the use of chemical agents during the Vietnam War, with a particular focus on their effects on Australian service personnel. This included the initiation of an epidemiological study concerning the health impacts on those who served in Vietnam from July 1962 to January 1973. The policy objective was to thoroughly investigate the matter and provide comprehensive recommendations to the Governor-General, ensuring a detailed understanding of the implications and findings related to the use of chemical agents in the conflict.
Scope and Application
The Letters Patent issued by Queen Elizabeth II on 27 June 1984, varying the original Letters Patent from 13 May 1983, expands the scope of the Commissioner's inquiry to include a comprehensive epidemiological study of Australian national service personnel who served in Vietnam between 31 July 1962 and 11 January 1973. This inquiry aims to analyse various aspects such as traceability, response rates, prevalence rates, and the establishment of an exposure index. The Commissioner is required to submit a preliminary report on the findings of this analysis by 31 January 1985 to facilitate further determination on the continuation of the study. This expanded mandate ensures a thorough investigation into the health effects of chemical agents used during the Vietnam conflict, thereby extending the original terms of reference and reinforcing the commitment to understanding the long-term impacts on affected personnel.
Key Provisions
The main operative sections of this piece of legislation (C2004Q01001) focus on the appointment of a Commissioner to conduct an inquiry into the use of chemical agents in Vietnam and the effects of such use on Australian national service personnel. The Commissioner is tasked with preparing a final report and recommendations on the specified matters, including an epidemiological study on the morbidity of these personnel (section (a)). The Commissioner is also required to perform an early analysis of traceability, response rates, prevalence rates, and the establishment of an exposure index, with a report to be submitted by 31 January 1985 (section (b)). These sections set out the broad scope and objectives of the inquiry, as well as the interim requirements for the analysis to be conducted.
The obligations imposed by this Act on the parties and entities it governs are primarily centred around the Commissioner's duties. The Commissioner must initiate the epidemiological study as outlined in the Letters Patent, and this study must cover Australian national service personnel who served in Vietnam between 31 July 1962 and 11 January 1973. Furthermore, the Commissioner must undertake an early analysis of specific metrics and submit a report by 31 January 1985. These obligations ensure that the Commissioner adheres to the timeline and scope of the inquiry as directed by the legislation.
Breach of the obligations or requirements set out in the Act could result in various consequences. While the Act itself does not explicitly outline offences, penalties, or specific civil or criminal consequences for non-compliance, the nature of the Royal Commission and the significance of the inquiry suggest that failure to adhere to the prescribed duties could be viewed seriously. The Commissioner may face scrutiny or repercussions for not fulfilling their obligations, potentially impacting their role or the credibility of the inquiry. However, the exact legal consequences for non-compliance are not detailed in the text of this legislation.