Commission of inquiry into the administration of the Civil Aviation Authority - 25/10/1994 (Variation)

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004Q00959 Not in force Prerogative Instrument

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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 SIR LAURENCE STREET, AC, KCMG

GREETING:

WHEREAS, by Letters Patent issued in Our name and entered in the Register of Patents on 25 October 1994, We appointed you to be a Commissioner to inquire into certain aspects of the administration of the Civil Aviation Authority (the Authority), in particular in relation to any person (whether incorporated or unincorporated), or body of persons, trading as Seaview Air or any related business:

AND WHEREAS it is desirable to vary the terms of reference set out in those Letters Patent and to extend the time for reporting on the inquiry:

AND WHEREAS We have, by Letters Patent issued this day in Our name by Our Governor-General of the Commonwealth of Australia, appointed James Henry Staunton, CBE, QC, to be a Commissioner to conduct a related inquiry:

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 in pursuance of the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and other enabling powers, declare that those Letters Patent shall have effect from 9 o’clock in the forenoon (according to the time observed in the Australian Capital Territory) on 3 January 1995 as if:

(a) for paragraphs (a) and (b) of the terms of reference there were substituted the following paragraphs:

“(a) the operations of the Authority in connection with:

(i) the appropriateness of decisions and administrative actions of officers of the Authority relating to the operations of Seaview Air during 1994 (and earlier if necessary) including its upgrading to a Regular Public Transport (RPT) operator; and

(ii) the diligence and propriety with which officers of the Authority and Seaview Air discharged their respective responsibilities relating to the safety of Seaview Air operations; and

(iii) the effectiveness of the management systems within the Authority, and communications between its various levels, as they related to Seaview Air; and

(b) the implications of your findings under paragraph (a), and those of James Henry Staunton under the related Commission, necessary to ensure total propriety in air safety administration:”; and

(b) for the passage commencing “AND We require” there were substituted the following passages:

“AND We direct you to produce with James Henry Staunton a single report of the results of your inquiries and his inquiries under the related Commission:

AND We further direct you to consult with James Henry Staunton with regard to the methods and procedures to be followed in relation to your inquiries and his inquiries and concerning the content and preparation of that report:

AND We authorise you, in conducting your inquiries and preparing the report, to have regard to any information, evidence, document or thing obtained by James Henry Staunton under the related Commission and communicated or furnished to you:

AND We further authorise you to indicate to James Henry Staunton your views concerning how the inquiries conducted by him under the related Commission are to be conducted:

AND We declare that your duties under there Our Letters Patent to inquire into the matters referred to in paragraph (a) of the terms of reference set out in these Our Letters Patent are discharged if you give due and proper consideration to the findings of James Henry Staunton under the related Commission in relation to those matters:

AND We further declare that, in these Our Letters Patent, the expression ‘related Commission’ means the Commission of Inquiry issued this day by Our Governor-General of the Commonwealth of Australia by Letters Patent to James Henry Staunton:

AND We require you, as expeditiously as practicable, to make your inquiries and, not later than 31 May 1995, to furnish to Our Governor-General of the Commonwealth of Australia the report of the results of the inquiries and such recommendations as you consider appropriate.”.

WITNESS the Honourable William George Hayden, Companion of the Order of Australia, Governor-General of the Commonwealth of Australia on 29-12-94

Governor-General

By His Excellency’s Command

Minister for Transport

for the Prime Minister

Overview

The Letters Patent issued in the name of Queen Elizabeth II on 29 December 1994, and entered into the Register of Patents on 3 January 1995, appoint Sir Laurence Street, AC, KCMG, as a Commissioner to conduct an inquiry into specific aspects of the administration of the Civil Aviation Authority (CAA) concerning Seaview Air and related businesses. This appointment follows Letters Patent issued in 1994, and the terms of reference have been varied to focus on the appropriateness of decisions and administrative actions of the CAA officers, the diligence and propriety in discharging responsibilities related to the safety of Seaview Air operations, and the effectiveness of management systems and communications within the CAA as they pertain to Seaview Air. The policy objective of these Letters Patent, issued by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council, is to ensure total propriety in air safety administration by addressing these specified areas and producing a comprehensive report by 31 May 1995.

Scope and Application

The Letters Patent issued by the Governor-General of the Commonwealth of Australia under the authority of the Royal Commissions Act 1902 and other enabling powers, appoints a Commissioner to conduct an inquiry into the operations of the Civil Aviation Authority (the Authority) in relation to Seaview Air, a business entity operating in the aviation industry. This inquiry extends to examining the appropriateness of decisions and administrative actions of officers of the Authority concerning Seaview Air's operations during 1994 and earlier, the diligence and propriety with which officers of the Authority and Seaview Air discharged their responsibilities relating to the safety of Seaview Air operations, and the effectiveness of the management systems within the Authority and communications between its various levels as they related to Seaview Air. The Commissioner is also tasked with considering the implications of the findings to ensure total propriety in air safety administration. The inquiry applies to any person or body of persons trading as Seaview Air or any related business, and the Commissioner is directed to consult with another Commissioner appointed for a related inquiry and produce a single report. The Commissioner's duties under the Letters Patent are discharged if they give due and proper consideration to the findings of the related Commissioner in relation to the matters referred to in the terms of reference. The Commissioner is required to make their inquiries and furnish a report to the Governor-General by 31 May 1995.

Key Provisions

The main operative sections of this legislation are found in the Letters Patent, which outline the terms of reference for the inquiry and the duties and powers of the Commissioner. Specifically, section (a) of the Letters Patent sets out the new terms of reference for the inquiry, which include examining the operations of the Civil Aviation Authority in relation to Seaview Air, the diligence and propriety of officers of the Authority and Seaview Air, and the effectiveness of management systems within the Authority. Section (b) of the Letters Patent requires the Commissioner to consult with the other Commissioner and to produce a joint report of the results of their inquiries, with regard to any information obtained by the other Commissioner. The Commissioner is also authorised to indicate their views on how the other Commissioner's inquiries are to be conducted. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily on the Commissioner appointed by the Governor-General. The Commissioner is required to conduct an inquiry into the matters set out in the terms of reference, to consult with the other Commissioner and to produce a joint report of the results of their inquiries. The Commissioner is also authorised to have regard to any information obtained by the other Commissioner and to indicate their views on how the other Commissioner's inquiries are to be conducted. The Commissioner must furnish the report of the results of the inquiries and any recommendations to the Governor-General by 31 May 1995. There are no specific offences, penalties, or civil/criminal consequences for breach outlined in this legislation. However, failure to comply with the terms of reference and the requirements of the Letters Patent may result in the Commissioner being unable to discharge their duties effectively and may impact the quality and effectiveness of the inquiry. Additionally, if the Commissioner fails to furnish the report of the results of the inquiries and any recommendations to the Governor-General by the specified deadline, this may also impact the effectiveness of the inquiry and the ability of the government to take appropriate action based on the findings of the inquiry.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.