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, QC
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 those Letters Patent were varied by Letters Patent issued by Our Governor-General of the Commonwealth of Australia on 21 December 1987 and 6 May 1988:
AND WHEREAS by the Letters Patent issued on 16 October 1987 as so varied, We required you to furnish to Our Governor-General of the Commonwealth of Australia, not later than 31 December 1989 or such later date as We may be pleased to fix, certain reports and recommendations:
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, fix 31 December 1990 as the date on or before which We require you to furnish to Our Governor-General of the Commonwealth of Australia those reports and recommendations.
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 Governor-General of the Commonwealth of Australia.
Dated this 27 day of October 1988
Governor-General
By His Excellency’s Command,
Prime Minister
Overview
The instrument C2004Q00976 is a prerogative instrument enacted by Queen Elizabeth II in 1988, establishing a commission to inquire into the deaths of Aboriginals and Torres Strait Islanders in Australian detention since 1980. This legislation was introduced to address the concerning number of deaths in custody among Indigenous Australians and to investigate the circumstances surrounding these incidents. The Commonwealth of Australia, acting through the Governor-General on the advice of the Federal Executive Council, issued this instrument to mandate a thorough inquiry by the appointed Commissioner, aimed at providing comprehensive reports and recommendations to address systemic issues and improve the treatment and conditions of Indigenous detainees. The policy objective behind this legislation was to ensure accountability and transparency in cases of deaths in custody, and to recommend measures to prevent future occurrences.
Scope and Application
The 1987 Letters Patent, as varied by subsequent instruments, apply to the Honourable James Henry Muirhead, QC, who is appointed as a Commissioner to investigate specific deaths of Aboriginal and Torres Strait Islander people in Australia since 1 January 1980. These deaths include those occurring in police custody, in prison, or in any other place of detention. The geographic reach of this inquiry is national, as it pertains to incidents occurring across Australia. The Act requires the Commissioner to submit reports and recommendations to the Governor-General of the Commonwealth of Australia by a specified deadline, which was later fixed at 31 December 1990. The Act does not explicitly detail exclusions, exemptions, or thresholds within its scope but rather focuses on the comprehensive examination of the circumstances surrounding these deaths and related matters. The application of the Act may be extended or modified through subordinate instruments issued under the authority of the Governor-General.
Key Provisions
The main operative sections of this prerogative instrument (sections 1-4) establish the role and mandate of the Commissioner, who was appointed to inquire into and report on the deaths of Aboriginal and Torres Strait Islander people in police custody, prison, or any other place of detention since 1 January 1980. These sections clarify the scope of the Commissioner's inquiry and the specific reports and recommendations that must be furnished to the Governor-General of Australia by a specified deadline, originally 31 December 1989, but subsequently extended to 31 December 1990.
The obligations imposed on the Commissioner by this Act are clear and specific. The Commissioner is required to conduct a thorough and comprehensive inquiry into the deaths of Aboriginal and Torres Strait Islander people in various detention settings, ensuring that all relevant factors are examined. The Commissioner must then prepare detailed reports and recommendations based on the findings of the inquiry, which must be submitted to the Governor-General by the fixed deadline. This mandate underscores the importance of the inquiry and the need for the Commissioner to undertake their responsibilities with due diligence and thoroughness.
Failure to comply with the requirements of this Act can lead to significant consequences. While the document does not explicitly outline specific offences or penalties for non-compliance, it is implicit that the Commissioner’s duty is binding, and any failure to submit the required reports and recommendations by the deadline could have legal and professional repercussions. The obligation to report is paramount, and any deviation from this requirement may be viewed seriously, potentially impacting the Commissioner's professional standing and the effectiveness of the inquiry.