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 JOHN HALDEN WOOTTEN, QC
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 27 October 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 6 May 1988 (as varied by the Letters Patent issued on 27 October 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 “existing 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”;
(d) for the words “the existing Commission” (wherever elsewhere occurring) there were substituted “the relevant Commission”; and
(e) for the words “31 December 1989 or such later date” there were substituted “30 September 1990 or such later date”.
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 Commission into Aboriginal Deaths in Custody (RCADIC) was established by Letters Patent issued on 6 May 1988 and subsequently varied on 27 October 1988 and 27 April 1989. This prerogative instrument was enacted by Queen Elizabeth II, represented by the Governor-General of Australia, on the advice of the Federal Executive Council. The Royal Commission was instituted to address the overrepresentation of Aboriginal and Torres Strait Islander peoples in deaths occurring in police custody, prisons, or other places of detention. The policy objective was to conduct a thorough inquiry into these incidents and related issues, providing recommendations for systemic reforms to prevent future deaths. This initiative aimed to address the significant and concerning gap in the treatment and protection of Aboriginal and Torres Strait Islander peoples within the justice system.
Scope and Application
The prerogative instrument, issued under the authority of the Commonwealth of Australia, pertains to the establishment and variation of Letters Patent appointing a Commissioner to conduct an inquiry into specific deaths of Aboriginal and Torres Strait Islander individuals in Australia since 1 January 1980 while in police custody, prison, or any other place of detention, as well as related matters. This instrument applies to the appointed Commissioner, in this case, the Honourable Elliott Frank Johnston, and involves the inquiry into deaths occurring up until 31 May 1989. The instrument also references the continuation of certain guidelines and recommendations from a previous inquiry conducted by the Honourable James Henry Muirhead, which remain effective until new guidelines or recommendations are issued by Johnston. The scope of this inquiry is national in terms of jurisdiction, encompassing all instances of relevant deaths across Australia. There are no specific exclusions mentioned in the text, but the instrument does extend the timeline for the inquiry from 31 December 1989 to 30 September 1990, indicating a potential flexibility in the application of the Act through subordinate instruments or further directives.
Key Provisions
The main operative sections of this instrument (sections 1 to 5) provide the legal framework for varying the previously issued Letters Patent, which originally appointed a Commissioner to inquire into the deaths of Aboriginal and Torres Strait Islander people in Australian custody. The new provisions amend the scope and timeline of this inquiry. Specifically, section 1(a) excludes any deaths occurring after 31 May 1989 from the scope of the inquiry. Section 2 modifies the penultimate paragraph to incorporate guidelines and recommendations made by a previous Commissioner, James Henry Muirhead, until new guidelines are issued by the current Commissioner, Elliott Frank Johnston. Section 3 replaces references to the previous Commissioner with references to the new Commissioner. Section 4 further defines terms used within the Letters Patent, clarifying that "relevant Commission" refers to the new Commission issued to Elliott Frank Johnston. Finally, section 5 extends the deadline for the inquiry from 31 December 1989 to 30 September 1990.
The obligations imposed on the parties governed by this Act primarily centre on the scope and conduct of the inquiry. The Commissioner, Elliott Frank Johnston, is tasked with investigating deaths of Aboriginal and Torres Strait Islander people in Australian custody up until a specified date and reporting findings to the government. The Commissioner must also adhere to any existing guidelines or recommendations made by the previous Commissioner, James Henry Muirhead, until new directives are issued. This ensures continuity and consistency in the approach to the inquiry, while allowing for updates based on new insights or recommendations.
Breaches of the obligations set out in the Letters Patent could potentially lead to legal consequences. While the specific offences, penalties, or consequences are not detailed within the text of this instrument, they would likely be governed by the broader legislative framework under which the Royal Commission operates, including the Royal Commissions Act 1902. Violations of the terms of the Letters Patent could result in legal action, fines, or other civil or criminal penalties, as determined by the relevant authorities. The precise penalties would depend on the nature and severity of the breach, but could potentially include substantial fines or other sanctions aimed at ensuring compliance with the terms of the inquiry.