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

Overview

The Letters Patent issued in the name of Her Majesty Queen Elizabeth II on 27 April 1989 revoked the previous Letters Patent issued on 6 May 1988, as subsequently varied on 27 October 1988, which had appointed the Honourable Elliott Frank Johnston, QC, as a Commissioner to inquire into and report upon certain deaths of Aboriginals and Torres Strait Islanders in custody since 1980. This revocation was executed by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and in accordance with the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902, and other relevant powers. The revocation aimed to facilitate new arrangements, indicating a shift or completion in the investigative process regarding the deaths in custody of Aboriginals and Torres Strait Islanders. This legislative action was taken to address the identified gap in accountability and justice for these deaths, seeking to either conclude or transition the ongoing inquiry to a new framework.

Scope and Application

The Letters Patent revoked in this document originally appointed a Commissioner to conduct an inquiry into the deaths of Aboriginal and Torres Strait Islander people in Australia since 1 January 1980 while in police custody, in prison, or any other place of detention, and to investigate related matters. The Commissioner was tasked with examining the circumstances surrounding these deaths and reporting findings to the government. The Letters Patent were varied on 27 October 1988, but these changes have now been revoked. The revocation of the Letters Patent was done to enable new arrangements to be made, indicating a shift in the approach or continuation of the inquiry process. The revocation took effect at noon on 28 April 1989, and the document was issued by the Governor-General on the advice of the Federal Executive Council and pursuant to the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902, and other enabling powers. This revocation signifies the formal end of the previous inquiry framework and sets the stage for any new processes or investigations that may follow.

Key Provisions

The main operative sections of this document are the Letters Patent issued on 6 May 1988 and subsequently varied on 27 October 1988, which appointed the Commissioner to inquire into the deaths of Aboriginals and Torres Strait Islanders in police custody, in prison, or in any other place of detention since 1 January 1980 (sections 2 and 3). These Letters Patent are subsequently revoked by the Letters Patent issued on 27 April 1989, which take effect on 28 April 1989 (section 4). The obligations and requirements imposed on the parties governed by this Act include the Commissioner's duty to conduct an inquiry into the deaths of Aboriginals and Torres Strait Islanders in police custody, in prison, or in any other place of detention since 1 January 1980 and to report their findings to the Government (section 2). The Commissioner is also required to examine certain matters relating to these deaths (section 3). The revocation of the Letters Patent on 27 April 1989 signifies the end of the Commissioner's authority to conduct this inquiry and report on these matters (section 4). There are no offences, penalties, or civil or criminal consequences mentioned in this document for breach. The revocation of the Letters Patent on 27 April 1989 does not specify any penalties for non-compliance with the previous requirements of the Commissioner's inquiry. However, the revocation of the Letters Patent signifies the end of the Commissioner's authority to conduct this inquiry and report on these matters, which may have legal consequences for any ongoing or future inquiries into these deaths. It is important to note that the revocation of the Letters Patent on 27 April 1989 does not affect the validity of any actions taken by the Commissioner prior to the revocation. Any findings or reports made by the Commissioner before the revocation of the Letters Patent on 27 April 1989 remain valid and may still be used in legal proceedings or other contexts. However, any further actions taken by the Commissioner after the revocation of the Letters Patent on 27 April 1989 would be considered unlawful and may have legal consequences. In summary, this document revokes the Letters Patent issued on 6 May 1988 and subsequently varied on 27 October 1988, which appointed the Commissioner to inquire into the deaths of Aboriginals and Torres Strait Islanders in police custody, in prison, or in any other place of detention since 1 January 1980. The revocation of the Letters Patent on 27 April 1989 signifies the end of the Commissioner's authority to conduct this inquiry and report on these matters. There are no offences, penalties, or civil or criminal consequences mentioned in this document for breach, but any actions taken by the Commissioner after the revocation of the Letters Patent on 27 April 1989 would be considered unlawful and may have legal consequences.