Commission of inquiry into deaths of Aboriginals and Torres Strait Islanders in custody - 27/10/1988 (Variation)

Overview

The Royal Commissions Act 1902, enacted by the Commonwealth Parliament, establishes the framework for appointing commissioners to conduct inquiries into specific matters of public importance. This Act was introduced to address the need for thorough and impartial investigations into issues that require detailed examination and public confidence. The Act empowers the Governor-General, on the advice of the Federal Executive Council and pursuant to the Constitution, to appoint commissioners to conduct such inquiries. The policy objective is to ensure that critical issues are investigated transparently and comprehensively, thereby maintaining public trust and facilitating informed policy-making. This prerogative instrument, issued under the authority of the Royal Commissions Act 1902, modifies the scope of a previous inquiry to include all places of detention in which Aboriginal and Torres Strait Islander deaths occurred, thereby broadening the investigation to encompass a wider range of custodial settings.

Scope and Application

The C2004Q00980 (Prerogative instrument) is a variation of the Letters Patent issued on 27 October 1988, which originally appointed a Commissioner to inquire into and report upon the deaths of Aboriginal and Torres Strait Islander people in Australia since 1 January 1980 while in police custody, in prison, or in any other place of detention, and related matters. This variation, issued on 7 December 1988, amends the original Letters Patent to include a broader scope of detention facilities by substituting the phrase "in police custody, in prison or in any other place of detention caused or contributed to that death." The variation ensures that the inquiry comprehensively covers all forms of detention facilities that could have contributed to the deaths under investigation, thereby extending the original mandate to include any other places of detention, not limited to police custody or prison. This alteration ensures the Commissioner's remit is as inclusive as possible to effectively address the circumstances surrounding the deaths of Aboriginal and Torres Strait Islander people in various detention settings.

Key Provisions

This prerogative instrument (C2004Q00980) amends the Letters Patent issued on 27 October 1988, which appointed a Commissioner to inquire into and report upon certain deaths of Aboriginals and Torres Strait Islanders in Australia since 1 January 1980 while in police custody, in prison, or in any other place of detention, and into certain matters relating thereto. The amendment changes the wording of the original Letters Patent to replace "in police custody, in prison or in any other place caused or contributed to that death" with "in police custody, in prison or in any other place of detention caused or contributed to that death" (C2004Q00980). This change aims to ensure clarity and consistency in the scope of the Commissioner's inquiry. The main operative sections of this instrument (C2004Q00980) revolve around modifying the scope of the inquiry conducted by the Commissioner. Section 1 of the instrument references the original Letters Patent and outlines the amendment, ensuring the Commissioner's mandate is accurately defined. The amendment is intended to broaden the scope of the Commissioner's inquiry to include any place of detention where the death occurred, thus ensuring comprehensive coverage of all relevant incidents. The Act imposes specific obligations on the Commissioner appointed under the Letters Patent. These obligations include conducting a thorough and impartial inquiry into the deaths of Aboriginals and Torres Strait Islanders in police custody, in prison, or in any other place of detention, and reporting their findings to the appropriate authorities (C2004Q00980). The Commissioner must adhere to the terms of the amended Letters Patent, ensuring their inquiry aligns with the updated scope as specified in the instrument. There are no explicit offences, penalties, or civil/criminal consequences stated within the instrument (C2004Q00980) for non-compliance with the amended Letters Patent. However, the Commissioner's duty to conduct a comprehensive inquiry is paramount, and failure to adhere to the amended terms could potentially undermine the effectiveness of the investigation and the subsequent report. The instrument does not specify penalties for non-compliance, but the importance of fulfilling the mandate accurately is implicit in the nature of the inquiry and its purpose to address significant issues affecting Aboriginal and Torres Strait Islander communities.