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 ELLIOT FRANK JOHNSTON, 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 Royal Commissions Act 1902, enacted by the Commonwealth Parliament, provides the legal framework for the establishment of Royal Commissions in Australia. The Act was introduced to address the need for comprehensive investigations into significant matters of public concern, enabling the government to appoint independent bodies to conduct thorough inquiries and report findings. This Act aims to ensure that any issues of national importance are examined impartially and thoroughly, thereby upholding the integrity and transparency of governmental processes. By authorising the creation of Royal Commissions, the Act serves the policy objective of addressing critical issues that may otherwise be beyond the scope of regular judicial or investigative processes, thereby protecting public interest and promoting accountability.
Scope and Application
The Letters Patent issued by Queen Elizabeth II and executed by the Governor-General of the Commonwealth of Australia on 6 May 1988, and subsequently varied on 27 October 1988, establish the scope and application of the Royal Commission into deaths in custody of Aboriginal and Torres Strait Islander people in Australia. The Commission, appointed under the Royal Commissions Act 1902, focuses on investigating deaths in police custody, prison, or other detention facilities that occurred since 1 January 1980, as well as related matters. The Commission is tasked with reporting its findings by no later than 31 December 1990. The Commission’s jurisdiction covers all deaths of Aboriginal and Torres Strait Islander people in custody across Australia, encompassing various detention facilities and custodial circumstances. The Letters Patent provide the authority for the Commission to examine these cases comprehensively and deliver its report within the specified timeframe. The legislation ensures that the Commission has the necessary powers and flexibility to conduct its inquiry effectively, reflecting the Commonwealth's commitment to addressing this critical issue.
Key Provisions
The prerogative instrument C2004Q00977 amends the Letters Patent issued on 6 May 1988, which appointed a Commissioner to investigate and report on specific deaths of Aboriginal and Torres Strait Islander individuals in custody since 1 January 1980. The main operative sections (a), (b), and (c) revise the original timeframes and references within the Letters Patent. Specifically, section (a) extends the reporting deadline from 31 December 1989 to 31 December 1990. Section (b) modifies the reference to a subsequent variation, removing the specific date of 21 December 1987 and replacing it with a more general term. Section (c) changes the date from 30 June 1989 to 31 December 1989 or a later date as specified.
The Act imposes certain obligations on the Commissioner appointed under the Letters Patent. Primarily, the Commissioner must now complete their inquiry and submit a report by 31 December 1990. This extended timeline allows for a more thorough investigation into the deaths and related matters. Additionally, the Commissioner is required to adhere to any further variations or instructions provided by the appropriate authorities, ensuring the inquiry remains aligned with current legislative and administrative expectations.
Breach of the obligations set out in the Act can lead to significant consequences. While the instrument itself does not explicitly state penalties for non-compliance, it is likely that failure to meet the reporting deadline or adhere to the extended terms could result in legal ramifications. These might include administrative actions, judicial review, or other forms of enforcement to ensure the Commissioner fulfills their mandate. The seriousness of the inquiry suggests that non-compliance could also attract public and political scrutiny, potentially impacting the Commissioner’s position and the credibility of the investigation.