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 DANIEL JOHN O’DEA
GREETING:
WHEREAS by Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on 6 May 1988 We appointed you to be a Commissioner to inquire into and report upon certain 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 7 December 1988:
AND WHEREAS it is desirable that those Letters Patent be further varied:
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 on the Federal Executive Council and pursuant to the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902, and every other enabling power, declare that the Letters Patent issued on 27 October 1988 (as varied by the Letters Patent issued on 7 December 1988) shall have effect on and from 12 o’clock noon on 28 April 1989 as if:
(a) for the words “Our Letters Patent)” in subparagraph (a) there were substituted the words “Our Letters Patent but not including any such death that occurs after the expiration of 31 May 1989)”;
(b) for the penultimate paragraph (which is concerned with the meaning of the expression “original Commission”) there were substituted the following paragraphs:
“AND We further declare that, until guidelines are issued or recommendations are made by the Honourable Elliott Frank Johnston under the relevant Commission, the guidelines issued and recommendations made by the Honourable James Henry Muirhead under the Commission of inquiry issued to him on 16 October 1987 by Our Administrator of the Government of the Commonwealth of Australia by Letters Patent (as subsequently varied) continue to have effect for the purposes of these Our Letters Patent:
AND We further declare that in these Our Letters Patent, the expression “relevant Commission” means the Commission of inquiry issued on this day by Our Governor-General of the Commonwealth of Australia by Letters Patent to the Honourable Elliott Frank Johnston:”;
(c) for the words “the Honourable James Henry Muirhead” (wherever elsewhere occurring) there were substituted “the Honourable Elliott Frank Johnston”; and
(d) for the words “the original Commission” (wherever elsewhere occurring) there were substituted “the relevant Commission”.
WITNESS His Excellency the Honourable William George Hayden, Companion of the Order of Australia, Governor-General of the Commonwealth of Australia.
Dated this 27th day of April 1989
Governor-General
By His Excellency’s Command,
Prime Minister
Overview
The Royal Commissions Act 1902 was enacted by the Commonwealth Parliament to establish the framework for the creation of royal commissions in Australia. This legislation was introduced to address the need for independent and comprehensive inquiries into significant matters of public concern, ensuring that investigations are thorough, impartial, and authoritative. The Act allows for the appointment of commissioners by the Governor-General, on the advice of the Federal Executive Council, to examine issues of national importance, such as deaths in custody, as seen in the case of the Royal Commission into Aboriginal Deaths in Custody. The overarching policy objective of the Act is to provide a mechanism for detailed and authoritative investigations into matters that require a high level of scrutiny and public confidence, thereby enabling the government to address systemic issues and implement necessary reforms based on the findings of these commissions.
Scope and Application
The Royal Commissions Act 1902 (C2004Q00987) facilitates the appointment of Commissioners by the Governor-General to conduct inquiries into specified matters of public importance. This particular prerogative instrument applies to the Honourable Daniel John O’Dea, who was appointed as a Commissioner to investigate deaths of Aboriginals and Torres Strait Islanders in custody or detention since 1 January 1980, with an expanded scope to include any such incidents up until 31 May 1989. The geographic reach of this Act is national, given that it concerns the Commonwealth of Australia and its citizens. The Act further stipulates that guidelines and recommendations from a prior inquiry by the Honourable James Henry Muirhead remain in effect until superseded by those of the new Commissioner, the Honourable Elliott Frank Johnston. The application of the Act can be extended or modified through subsequent instruments issued by the Governor-General, as evidenced by the variations to the original Letters Patent.
Key Provisions
The main operative sections of the Letters Patent issued by the Governor-General of the Commonwealth of Australia (sections a to d) vary the original Letters Patent from 28 April 1989. Firstly, the scope of the Commission is modified to exclude any deaths occurring after 31 May 1989 (section a). Secondly, the guidelines and recommendations made by the Honourable James Henry Muirhead under a previous Commission are to remain in effect until new guidelines or recommendations are issued by the Honourable Elliott Frank Johnston (section b). Thirdly, the term "relevant Commission" is defined as the Commission issued to the Honourable Elliott Frank Johnston on the same day (section b). Lastly, references to the Honourable James Henry Muirhead and the "original Commission" are to be replaced with references to the Honourable Elliott Frank Johnston and the "relevant Commission" respectively (section c and d).
The obligations imposed by these Letters Patent primarily concern the transition of responsibilities from the Honourable James Henry Muirhead to the Honourable Elliott Frank Johnston. The Honourable Elliott Frank Johnston is tasked with issuing new guidelines or recommendations, which will supersede those previously made by the Honourable James Henry Muirhead. Until these new guidelines or recommendations are issued, the earlier guidelines and recommendations continue to have effect. This transitional arrangement ensures continuity in the operation of the Commission and the oversight of the inquiry.
Failure to adhere to the provisions of these Letters Patent could result in legal consequences. While the Letters Patent themselves do not explicitly state penalties for non-compliance, any breach of the obligations imposed by the Royal Commissions Act 1902 or the Constitution of the Commonwealth of Australia could lead to civil or criminal proceedings. The Honourable Elliott Frank Johnston, as the Commissioner, would be expected to comply with all legal requirements, and any failure to do so could result in legal action against him or his office. The maximum penalties for such breaches would depend on the specific nature of the offence and the applicable laws.