Resignation of Commissioner for the commission of inquiry into deaths of Aboriginals and Torres Strait Islanders in custody

Overview

The National Health and Medical Research Council Act 1992 was enacted to establish the National Health and Medical Research Council (NHMRC) and to provide for its functions and administration. This Act was introduced to address the need for a body that could effectively oversee and coordinate health and medical research in Australia, ensuring that research is conducted ethically and efficiently. The enacting body for this legislation was the Parliament of Australia, with the policy objective of fostering high-quality health and medical research that ultimately contributes to the improvement of public health and medical practice in Australia. The NHMRC was established to act as a central coordinating body for health and medical research, providing leadership, support, and advice to the government and the research community.

Scope and Application

The Letters Patent issued by the Governor-General of the Commonwealth of Australia, revoking the appointment of a Commissioner under the Royal Commissions Act 1902, applies to a specific individual, the Honourable James Henry Muirhead, QC, who was appointed to conduct an inquiry into the deaths of Aboriginal and Torres Strait Islander people in custody or detention since 1 January 1980. The revocation pertains to the geographic and jurisdictional reach of the Commonwealth, specifically affecting the conduct and responsibilities of the Commissioner within the scope of the Royal Commission. The Letters Patent extend to the specific terms and duration of the Commissioner's appointment, which was initially set out in the 1987 Letters Patent and subsequently varied in 1988. The revocation of the Commissioner's appointment signifies the termination of the Commissioner's duties and responsibilities under the Royal Commissions Act, effective at 12 o’clock noon on 28 April 1989. The Letters Patent provide for the formal acceptance of the Commissioner's resignation and the consequent termination of his role, without indicating any exclusions, exemptions, or thresholds that apply to this specific case.

Key Provisions

The main operative sections of the legislation (C2004Q00982) are contained within the Letters Patent issued by the Governor-General on 27 April 1989. The primary requirement of these Letters Patent (section 1) is to revoke the previous Letters Patent issued on 16 October 1987, as varied, that appointed the Honourable James Henry Muirhead as a Commissioner for a Royal Commission into deaths of Aboriginals and Torres Strait Islanders in custody. This revocation takes effect at 12 o’clock noon on 28 April 1989, the same time the resignation of the Commissioner is accepted. The Act imposes specific obligations on the parties involved, notably the Honourable James Henry Muirhead, who is required to resign his position as Commissioner with effect from 12 o’clock noon on 28 April 1989. This resignation follows the acceptance of his leave to resign by the Governor-General. The revocation of his appointment is formalised by these Letters Patent, ensuring that his role is officially terminated at the specified time. Breach of any conditions outlined in the Letters Patent would not explicitly result in offences, penalties, or specific consequences as this legislation focuses primarily on the revocation of an appointment. However, failure to comply with the terms of the Letters Patent could lead to legal ramifications as the revocation of an appointment made under the authority of the Crown is a serious matter. While the specific penalties are not detailed within this document, any disregard for the Crown's directives could potentially attract legal consequences under applicable laws governing the actions of public officials and the interpretation of Letters Patent.