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:
LEWIS WYVILL, 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 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, 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 direct you, if immediately before 12 o’clock noon on 28 April 1989 you had not completed your inquiry under these Our Letters Patent into a death undertaken in accordance with a request made by the Honourable James Henry Muirhead, to continue with that inquiry as if the request had been made by the Honourable Elliott Frank Johnston under the relevant Commission unless or until you are requested by the Honourable Elliot Frank Johnston under the relevant Commission not to undertake further inquiry into that death:
AND We further declare that, for the purpose of conducting your inquiry and making your reports, you are authorised to have regard to any evidence received by, and any matters submitted to, you in the course of any inquiry, or part thereof, undertaken by you in accordance with a request 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):
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 Commonwealth of Australia, through Letters Patent issued under the authority of the Royal Commissions Act 1902, appointed Lewis Wyvill, QC, as a Commissioner to investigate and report on deaths of Aboriginal and Torres Strait Islander individuals in custody since 1 January 1980. Initially appointed on 6 May 1988, the scope of the inquiry was subsequently varied by Letters Patent issued on 27 October 1988, and further altered on 28 April 1989. The primary objective of this appointment was to address the problem of high mortality rates among Aboriginal and Torres Strait Islander people in detention and to provide a comprehensive report on these tragic incidents, with a focus on systemic issues and recommendations for reform. The enactment of these Letters Patent reflects the Federal Executive Council's commitment to addressing this critical gap in the treatment and oversight of Indigenous individuals within the Australian justice system.
Scope and Application
The Letters Patent issued under the authority of the Commonwealth of Australia and the Royal Commissions Act 1902 designate Lewis Wyvill, QC, as a Commissioner to investigate and report on deaths of Aboriginals and Torres Strait Islanders in Australia occurring in police custody, prison, or any other detention since 1 January 1980, along with related matters. The scope of the inquiry is limited to deaths up until 31 May 1989. This Commission extends to considering evidence and matters from any previous inquiries undertaken by the Honourable James Henry Muirhead until superseded by guidelines or recommendations from the Honourable Elliott Frank Johnston. The geographic reach of this Act is national, applying across all states and territories within Australia. The Commissioner is authorised to conduct inquiries and make reports on the specified deaths, with the authority to reference previous guidelines and recommendations until such time as new directives are issued by the Honourable Elliott Frank Johnston. This prerogative instrument thus provides a structured and authoritative framework for the Commissioner to fulfil their mandate.
Key Provisions
The primary operative sections of these Letters Patent, which were issued on 6 May 1988 and subsequently varied on 27 October 1988, relate to the appointment of Lewis Wyvill, QC, as a Commissioner to investigate and report on certain deaths of Aboriginals and Torres Strait Islanders in custody or detention since 1 January 1980 (section 1). These provisions are further modified to exclude any deaths occurring after 31 May 1989 (section 2(a)). They also provide for the continuation of inquiries made prior to 28 April 1989 under a request from James Henry Muirhead, now to be treated as if requested by Elliott Frank Johnston under the new Commission (section 2(b)). Additionally, the Commissioner is authorised to consider evidence and matters from previous inquiries undertaken by Muirhead (section 2(c)). The guidelines and recommendations made by Muirhead remain in effect until superseded by Johnston (section 2(d)), and the term of the inquiry is extended to 30 September 1990 (section 2(e)).
These Letters Patent impose several obligations and requirements on Lewis Wyvill, QC. Firstly, he must conduct inquiries into the specified deaths and matters relating to them (section 1). He is also required to continue any ongoing inquiries made prior to 28 April 1989 under a request from James Henry Muirhead, as if the request was made by Elliott Frank Johnston (section 2(b)). The Commissioner must consider any relevant evidence and matters from previous inquiries undertaken by Muirhead (section 2(c)). Furthermore, Wyvill must adhere to the guidelines and recommendations made by Muirhead until they are superseded by Johnston (section 2(d)), and complete his inquiries by 30 September 1990 (section 2(e)).
The Letters Patent do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, given the nature of the inquiry and the importance of the Commissioner's role, non-compliance with the terms of the Letters Patent could potentially lead to legal repercussions. These could include judicial review for failure to adhere to the prescribed guidelines or recommendations, or contempt of court for non-compliance with the terms of the inquiry. The specific penalties for such actions would depend on the nature and severity of the breach, as well as the jurisdiction in which the inquiry is conducted.