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 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 National Native Title Tribunal Act 1994 was enacted by the Parliament of Australia to establish the National Native Title Tribunal (NNTT) and provide for its functions, powers, and procedures. The Act was introduced to address the need for a body that could facilitate the resolution of native title claims in a fair and efficient manner, following the landmark Mabo v Queensland (No 2) decision in 1992, which recognised the existence of native title in Australian law. The policy objective of the Act was to provide a more streamlined process for the determination of native title claims and to promote the reconciliation of native title rights with other interests in land, thus addressing a significant gap in the legal framework regarding Indigenous land rights.
Scope and Application
This prerogative instrument amends Letters Patent issued on 6 May 1988, appointing a Commissioner to inquire into certain deaths of Aboriginal and Torres Strait Islander people in Australia while in police custody, prison or any other place of detention since 1 January 1980. The changes extend the timeframe for the Commissioner's report, replacing the original deadline of 31 December 1989 with 31 December 1990, and adjust the date for the submission of the report from 30 June 1989 to 31 December 1989 or later if necessary. The Letters Patent are issued under the authority of the Royal Commissions Act 1902 and the Constitution of Australia. The instrument specifies the modifications to the original Letters Patent, but does not otherwise alter the scope or application of the Commissioner's mandate to investigate these deaths and related matters. No exclusions, exemptions, or thresholds are mentioned within the text provided, and it does not indicate whether the Act extends or restricts application through subordinate instruments.
Key Provisions
The main operative sections of this legislation vary the previously issued Letters Patent dated 6 May 1988. These variations extend the deadline for the Commissioner's report from 31 December 1989 to 31 December 1990, as stated in section (a). Additionally, section (b) removes a specific reference to a previous variation dated 21 December 1987 and generalises it to "as subsequently varied". Lastly, section (c) adjusts the date for the Commissioner's interim report from 30 June 1989 to 31 December 1989, or a later date if necessary. These modifications ensure that the Commissioner has adequate time to complete the inquiry and report on the deaths of Aboriginals and Torres Strait Islanders in various detention settings.
The Act imposes specific obligations on Lewis Wyvill, QC, as the Commissioner. The primary obligation is to conduct an inquiry into the deaths of Aboriginals and Torres Strait Islanders in Australia since 1 January 1980 while in police custody, prison, or any other place of detention, and to report on related matters. The extended deadline of 31 December 1990 allows for a more thorough investigation and report. Additionally, the Commissioner must submit an interim report by 31 December 1989 or a later date as deemed necessary, ensuring that there is a progress update on the inquiry. These obligations aim to ensure a comprehensive examination of the circumstances surrounding these deaths.
For breaches of the obligations set out in the Act, there are no specific offences or penalties mentioned in the text. However, failure to comply with the extended deadlines could potentially lead to legal challenges or implications regarding the adequacy of the inquiry. The Commissioner’s role is critical, and any perceived failure to meet the requirements of the Letters Patent could affect the credibility and effectiveness of the final report. Furthermore, the Commissioner is expected to adhere strictly to the guidelines and timeframes stipulated to ensure the inquiry’s integrity and the validity of its findings.