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, D.S.C., 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 further Letters Patent were issued in Our name by Our Governor-General of the Commonwealth of Australia on 27 June 1984 the first-mentioned Letters Patent were varied so as to require you to furnish to Our Governor-General of the Commonwealth of Australia a report of the results of your inquiry no later than 31 January 1985 and to commence an epidemiological study relating to the morbidity of Australian national service personnel in Vietnam:
AND WHEREAS by Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on 3 August 1984 the Letters Patent of 27 June 1984 were revoked and the Letters Patent of 13 May 1983 were varied so as to require you to furnish to Our Governor-General of the Commonwealth of Australia a report of the results of your inquiry and your recommendations not later than 30 April 1985 or such later date as We may be pleased to fix:
AND WHEREAS it is desirable that further time be allowed for the completion of your inquiry and the submission of you report:
NOW THEREFORE We do, by these Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia with 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, vary the Letters Patent issued on 13 May 1983, as affected by the Letters Patent issued on 3 August 1984, so as to require you to furnish to Our Governor-General of the Commonwealth of Australia a report of the results of your inquiry and your recommendations not later than 31 July 1985.
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 23 April 1985
Governor-General
By His Excellency’s Command,
Prime Minister
Overview
The Royal Commissions Act 1902, enacted in the year 1902, was introduced to establish a framework for the establishment of Royal Commissions in Australia. This Act provides the legal basis for the creation of these investigative bodies, which are empowered to conduct thorough inquiries into matters of significant public importance. The Act was enacted by the Commonwealth Parliament and its primary policy objective is to enable the government to address complex issues that require detailed investigation and comprehensive reporting. The Royal Commissions Act 1902 allows for the appointment of commissioners with extensive powers to examine evidence, make findings, and recommend actions to prevent future occurrences of the issues under investigation.
Scope and Application
The prerogative instrument C2004Q01003 pertains to the appointment and subsequent variation of the terms of reference for a Commissioner under the Royal Commissions Act 1902, focusing on an inquiry into the use of chemical agents during hostilities in Vietnam by Australian national service personnel. The Commissioner, appointed by Letters Patent issued by the Governor-General, is tasked with investigating and reporting on the use and effects of these chemical agents, with an emphasis on epidemiological studies related to the health impacts on Australian personnel. This legislation applies to the Commissioner personally and operates within the Commonwealth jurisdiction, with its reach extending to the national level as it concerns the actions and health of Australian service personnel abroad. The instrument does not explicitly outline exclusions or exemptions, but it does specify the deadline for the submission of the inquiry report, which has been varied to 31 July 1985. This prerogative instrument may also extend its application through subordinate instruments or regulations, although the specific details of such extensions are not provided within the text itself.
Key Provisions
The main operative sections of the legislation (referred to as Letters Patent) primarily involve the appointment and varying of duties for a Commissioner. Specifically, Section 1 details the initial appointment of a Commissioner to inquire into the use of chemical agents in Vietnam. Section 2 modifies the duties of the Commissioner to include the submission of a report by 31 January 1985 and the commencement of an epidemiological study. Section 3 revokes the previous modification and further varies the duties to require the Commissioner to submit a report and recommendations by 30 April 1985 or a later date set by the Queen. Finally, Section 4 extends the deadline for the Commissioner to submit the report and recommendations to 31 July 1985.
The obligations and requirements imposed by the Act on the parties involved are clear and time-bound. The Commissioner must conduct an inquiry into the use of chemical agents during hostilities in Vietnam and submit a comprehensive report to the Governor-General. Additionally, the Commissioner is tasked with initiating an epidemiological study focusing on the health effects on Australian national service personnel in Vietnam. The duty of the Commissioner is to ensure that the report and recommendations are delivered by the specified deadlines, which are extended from 30 April 1985 to 31 July 1985 as per the latest variation.
Failure to comply with the deadlines and the stipulated duties could result in significant consequences. While the legislation does not explicitly state penalties for non-compliance, the requirement to submit the report by the set dates implies that delays could lead to formal repercussions. Such repercussions could include the potential for the Commissioner to be held accountable for not fulfilling their obligations, which might result in administrative or legal consequences. The precise nature of these consequences would depend on the interpretation by the relevant authorities and could potentially involve further legal action or administrative penalties.