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 JAMES HENRY MUIRHEAD
GREETING:
WHEREAS by Letters Patent issued in Our name by Our Administrator of the Government of the Commonwealth of Australia on 16 October 1987 We appointed you to be a Commissioner to inquire into and report upon the deaths in Australia since 1 January 1980 of Aboriginals and Torres Strait Islanders whilst in police custody, in prison or in any other place of detention and into certain matters relating thereto:
AND WHEREAS it is desirable that you be authorised to conduct your inquiry in combination not only with any other inquiry referred to in those Letters Patent but, in addition, with any inquiry into the same or related matters that you are directed or authorised to make by any Commission issued, or pursuant to any order or appointment made, under the law of the Northern Territory of Australia:
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 pursuant to the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and every other enabling power, hereby vary the Letters Patent issued on 16 October 1987 so as to authorise you to conduct your inquiry into any matters under those Letters Patent in combination not only with any other inquiry referred to in those Letters Patent but, in addition, with any inquiry into the same or related matters that you are directed or authorised to make by any Commission issued, or pursuant to any order or appointment made, under the Law of the Northern Territory of Australia.
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 and the Governor-General of the Commonwealth of Australia.
Dated this 21 day of December 1987
Governor-General
By His Excellency’s Command,
Prime Minister
Overview
The document in question is a variation to the Letters Patent issued on 16 October 1987, authorising the Honourable James Henry Muirhead to conduct an inquiry into the deaths of Aboriginals and Torres Strait Islanders in Australia while in police custody, in prison, or in any other place of detention since 1 January 1980. This variation, issued by Queen Elizabeth II on 21 December 1987, extends the scope of the inquiry to include any related matters that may be investigated under the law of the Northern Territory of Australia. The enactment of this prerogative instrument by the Governor-General of the Commonwealth of Australia, on the advice of the Federal Executive Council, aims to ensure a comprehensive investigation into these critical issues, addressing potential gaps in jurisdictional oversight and enhancing the thoroughness and effectiveness of the inquiry.
The overarching policy objective of this legislation is to facilitate a thorough and authoritative investigation into the deaths of Aboriginals and Torres Strait Islanders in detention, thereby addressing significant concerns about systemic issues and injustices within the Australian legal and custodial systems. By authorising the combination of inquiries under different jurisdictions, the legislation seeks to create a more unified and comprehensive approach to understanding and addressing these critical issues, ensuring that all relevant matters are examined in a cohesive manner.
Scope and Application
The prerogative instrument, C2004Q00971, pertains to the authority granted to a Commissioner, in this case the Honourable James Henry Muirhead, to conduct an inquiry into the deaths of Aboriginals and Torres Strait Islanders in Australia since 1 January 1980, while in police custody, in prison, or any other place of detention. This inquiry also extends to related matters, and the Commissioner is authorised to combine this investigation with any other relevant inquiries, including those directed or authorised under the law of the Northern Territory of Australia. The legislation, stemming from Letters Patent issued by the Administrator of the Government of the Commonwealth of Australia and subsequently varied by the Governor-General, underscores a commitment to comprehensively address issues surrounding these deaths and related matters, thus ensuring that the scope of the inquiry is both thorough and inclusive of all relevant jurisdictions. The instrument's authority is derived from the Royal Commissions Act 1902 and other enabling powers, reflecting its jurisdictional reach and the comprehensive nature of the investigation it authorises.
Key Provisions
The main operative sections of this legislation are found in the Letters Patent issued by the Governor-General on 21 December 1987. Section 1 of the Letters Patent updates the authority granted to the Honourable James Henry Muirhead to conduct an inquiry into the deaths of Aboriginals and Torres Strait Islanders in Australia while in police custody, prison, or any other place of detention since 1 January 1980. This inquiry can now be conducted in combination with any other related inquiries authorised under the law of the Northern Territory of Australia (Section 1). The Letters Patent amend the original appointment made on 16 October 1987, expanding the scope of the inquiry to include any related matters authorised under Northern Territory law.
The obligations imposed by the Act include the requirement for the Honourable James Henry Muirhead to conduct a thorough and comprehensive inquiry into the specified deaths and related matters. The Commissioner must ensure that all relevant information is gathered, and all parties involved are given the opportunity to provide evidence and testimony. This includes cooperation with any other inquiries that may be authorised under the law of the Northern Territory of Australia. The Commissioner must report the findings of the inquiry to the appropriate authorities, providing a detailed account of the circumstances surrounding the deaths and any recommendations for future actions.
Breach of the obligations set out in the Letters Patent could lead to serious consequences. While specific offences and penalties are not detailed in the text, failure to conduct the inquiry in accordance with the terms of the Letters Patent could result in legal challenges or the nullification of the inquiry's findings. The Honourable James Henry Muirhead is expected to adhere strictly to the terms of the Letters Patent, and any deviation from these terms could have legal repercussions. The maximum penalties for non-compliance are not explicitly stated, but the consequences could include the loss of authority to conduct the inquiry, potential legal action, and damage to the credibility of the inquiry's findings.