Commission to conduct an inquiry into the electoral redistribution in 1977 of the State of Queensland into Electoral Divisions - 24/4/1978 (Variation)

Overview

The document is a set of Letters Patent issued by Queen Elizabeth II in 1978 through the Governor-General of the Commonwealth of Australia. This instrument varied the previous Letters Patent issued on April 24 and May 10, 1978, to expand the scope of an inquiry conducted by a Commissioner appointed to examine the 1977 redistribution of Queensland into Electoral Divisions for the election of Members of the House of Representatives. The purpose of these Letters Patent was to address any potential breaches of law or improprieties that may have occurred during the redistribution process, particularly concerning the change of a proposed division's name from "Gold Coast" to "McPherson". The inquiry was conducted under the authority of the Royal Commissions Act 1902 and other enabling powers, with the Federal Executive Council providing advice.

Scope and Application

The Letters Patent, dated 30 May 1978, issued by Queen Elizabeth II under the authority of the Governor-General of the Commonwealth of Australia, extend and vary the scope of the inquiry conducted by the Honourable Douglas Gordon Patrick McGregor, who is appointed as a Commissioner under the Royal Commissions Act 1902. The Commissioner is tasked with investigating specific matters concerning the 1977 redistribution of Queensland into Electoral Divisions for the election of Members of the House of Representatives, including the name change of a proposed Division from "Gold Coast" to "McPherson." The inquiry extends to any breaches of Commonwealth law or improprieties that may have occurred due to statements or actions by individuals, the Distribution Commissioners, or any communications made by the Commissioners. The inquiry is limited to the part of the State of Queensland that previously comprised the Division of McPherson. The Letters Patent, as varied on 30 May 1978, ensure that the Commissioner's mandate encompasses any additional matters that may arise during the investigation, thus providing a comprehensive scope for the review of the electoral redistribution process.

Key Provisions

The main operative sections of this Letters Patent, as amended, mandate that the Commissioner must inquire into and report on any breaches of Commonwealth law or any improprieties that occurred during the 1977 redistribution of Queensland into Electoral Divisions, specifically in relation to the area that comprised the Division of McPherson prior to the redistribution (section 3). The Commissioner's inquiry is extended to cover any actions or communications by or on behalf of any person, including actions taken by the Distribution Commissioners as a result of such actions or communications. This inquiry is not limited to the specific matters outlined in the initial Letters Patent issued on 24 April 1978 and 10 May 1978, but also includes any other related matters that may arise (section 4). The obligations imposed by the Act require the Commissioner to conduct a comprehensive investigation into the matters specified. This includes gathering evidence, interviewing witnesses, and reviewing relevant documents and communications. The Commissioner must then prepare a report detailing the findings of the inquiry and any recommendations for corrective action or further investigation. The Commissioner is expected to act impartially and thoroughly, ensuring that all aspects of the inquiry are covered, and that the report is both accurate and comprehensive (section 5). The Act does not explicitly outline offences, penalties, or consequences for breach, as it is a prerogative instrument and not a legislative act. However, failure to comply with the directives of the Letters Patent could potentially lead to legal consequences, particularly if the inquiry reveals serious breaches of law or misconduct. Such outcomes would likely depend on the findings of the Commissioner and any subsequent actions taken by relevant authorities or bodies. The Commissioner's role is primarily investigative and reportorial, and any enforcement of the findings would fall outside the scope of this instrument (section 6).