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 it is desirable that those Letters Patent be varied in certain respects:
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 Australia, the Royal Commissions Act 1902 and every other enabling power, declare that the Letters Patent issued on 6 May 1988 shall have effect as if:
(a) for the words “but not later than 31 December 1989” there were substituted “but not later than 31 December 1990”;
(b) for the words “(as subsequently varied on 21 December 1987)” there were substituted “(as subsequently varied)”; and
(c) for the words “30 June 1989 or such later date” there were substituted “31 December 1989 or such later date”.
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 Commonwealth of Australia, through Letters Patent issued by Queen Elizabeth II via the Governor-General on 27 October 1988, amended the original Letters Patent that appointed the Honourable John Halden Wootten, QC, to serve as a Commissioner for the Royal Commission. This amendment aimed to extend the time frame for the Commissioner's inquiry into deaths of Aboriginals and Torres Strait Islanders in custody or detention since 1 January 1980, as well as to address certain related matters. The change was made on the advice of the Federal Executive Council, in accordance with the Constitution of Australia, the Royal Commissions Act 1902, and other enabling powers. The policy objective behind this adjustment was to ensure that the inquiry could thoroughly investigate the specified issues without the constraints of an overly tight deadline, thereby allowing for a comprehensive and effective examination of the circumstances surrounding these deaths.
Scope and Application
The Letters Patent issued under the authority of the Commonwealth of Australia extend to the appointment of a Commissioner to conduct a thorough inquiry into the deaths of Aboriginal and Torres Strait Islander individuals while in police custody, in prison, or in any other place of detention, along with related matters, occurring since 1 January 1980. This Act applies to the Commissioner, who is tasked with investigating these deaths and associated issues within the specified timeframe and under the stipulated conditions. The geographic and jurisdictional reach of this legislation is national, encompassing all relevant incidents across Australia. The Act’s provisions can be extended or modified through subordinate instruments, allowing for adjustments to the Commissioner's authority and the scope of the investigation as necessary. The exclusions, exemptions, or thresholds, however, are not explicitly stated within the provided text, leaving the interpretation of these aspects to subsequent legal interpretation and application.
Key Provisions
The principal sections of the prerogative instrument C2004Q00978 revise the original Letters Patent issued on 6 May 1988, which appointed the Honourable John Halden Wootten, QC, as a Commissioner to investigate certain deaths of Aboriginal and Torres Strait Islander people in Australian detention since 1 January 1980. The new provisions modify the deadline for the Commissioner's report, extend the inquiry's scope, and adjust a specific date mentioned in the original Letters Patent. Section (a) extends the reporting deadline from 31 December 1989 to 31 December 1990, giving the Commissioner additional time to complete their inquiry. Section (b) modifies the reference to the previously varied date, allowing for further adjustments as necessary. Section (c) changes the date from 30 June 1989 to 31 December 1989, aligning it with the extended reporting deadline.
The obligations imposed by this Act on the Commissioner include conducting a thorough investigation into the specified deaths and related matters. The Commissioner must adhere to the new deadlines and scope as outlined in the revised Letters Patent. The Commissioner is expected to ensure that all relevant information is gathered, analysed, and reported accurately and comprehensively. Additionally, the Commissioner must submit their final report to the relevant authorities by the extended deadline of 31 December 1990.
Breach of the obligations set forth in the Act may lead to serious consequences. While the document does not explicitly outline specific penalties for non-compliance, failure to meet the reporting deadline or inadequate completion of the inquiry could result in legal repercussions. These may include civil penalties or even criminal charges, depending on the severity and impact of the non-compliance. The maximum penalties, if applicable, would be determined by the relevant laws and judicial interpretations at the time of any potential breach.