ROYAL COMMISSIONS.
No. 1 of 1933.
An Act to amend the Royal Commissions Act 1902-1912.
[Assented to 27th May, 1933.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Royal Commissions Act 1933.
(2.) The Royal Commissions Act 1902-1912 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Royal Commissions Act 1902-1933.
Evidence may be taken in private.
2. Section six d of the Principal Act is amended by inserting at the end thereof the following sub-sections:—
“(2.) If any witness before a Royal Commission requests that his evidence relating to a particular subject be taken in private on the ground that the evidence relates to the profits or financial position of any person, and that the taking of the evidence in public would be unfairly prejudicial to the interests of that person, the Commission may, if it thinks proper, take that evidence in private, and no person who is not expressly authorized by the Commission to be present shall be present during the taking of that evidence.
“(3.) The Commission may direct that any evidence given before it, or the contents of any documents, books or writings produced at the inquiry, shall not be published.
“(4.) Any person who makes any publication in contravention of any direction given under the last preceding sub-section shall be guilty of an offence.
Penalty: Five hundred pounds or imprisonment for six months.
“(5.) This section shall be read as in aid of and not as in derogation of the Commission’s general powers to order that any evidence may be taken in private.”.
Power of Commission in relation to documents.
3. Section six f of the Principal Act is amended—
(a) by inserting after the word “Commission” the words “,a Commissioner or a person thereto authorized in writing by the President or Chairman of the Commission, or by the sole Commissioner, as the case may be,”;
(b) by omitting the word “it” (first occurring) and inserting in its stead the words “the Royal Commission”; and
(c) by inserting after the word “it” (second occurring) the words “or he”.
4. After section six f of the Principal Act the following section is inserted:—
Examination of witnesses by counsel, &c.
“6fa. Any barrister or solicitor appointed by the Attorney General to assist a Commission, any person authorized by a Commission to appear before it, or any barrister or solicitor authorized by a Commission to appear before it for the purpose of representing any person, may, so far as the Commission thinks proper, examine or cross-examine any witness on any matter which the Commission deems relevant to the inquiry, and any witness so examined or cross-examined shall have the same protection and be subject to the same liabilities as if examined by any of the Commissioners, or by the sole Commissioner, as the case may be.”.
Overview
The Royal Commissions Act 1933, enacted by the Australian Parliament, was introduced to amend the existing Royal Commissions Act 1902-1912. The primary objective of this amendment was to enhance the procedures and flexibility of royal commissions, particularly in addressing sensitive matters that could affect the financial interests of individuals. By allowing evidence to be taken in private and providing greater control over the publication of documents and testimonies, the Act aimed to protect the privacy and interests of those involved in sensitive investigations while ensuring the integrity and effectiveness of the commission's inquiries. This legislative update underscored the Parliament's commitment to balancing thorough investigation with the need for discretion in certain proceedings.
Scope and Application
The Royal Commissions Act 1933, as an amendment to the Royal Commissions Act 1902-1912, applies to the conduct and operations of Royal Commissions within the Commonwealth of Australia. This Act specifically addresses the procedures for taking evidence and the examination of witnesses by legal representatives, allowing for greater flexibility and confidentiality in certain circumstances. The legislation applies to individuals and entities that may be subject to inquiry by a Royal Commission, including those whose financial interests could be prejudiced by public disclosure of evidence. The geographic reach of this Act is national, governing Royal Commissions throughout Australia. There are no explicit exclusions or thresholds stated in the Act, but it does provide for the possibility of private hearings and restrictions on the publication of evidence under specific conditions. The Act’s provisions may be further detailed or expanded through subordinate instruments, enabling the Royal Commission to adapt its processes to the unique requirements of each inquiry.
Key Provisions
The Royal Commissions Act 1933 amends the Royal Commissions Act 1902-1912 by introducing new provisions that allow for greater confidentiality and control over the evidence and proceedings of a Royal Commission. Section 2 of the Act permits the Commission to take evidence in private if a witness requests it, particularly where the evidence pertains to the financial interests of a person and public disclosure could cause undue prejudice (subsection 2). Additionally, the Commission can direct that certain evidence or documents should not be published, and it imposes penalties on those who contravene these directions (subsections 3 and 4). Section 3 extends the authority to request and review documents to include the Royal Commission, a Commissioner, or a person authorised by the President or Chairman of the Commission. This section also clarifies the roles and protections of witnesses examined or cross-examined by counsel appointed to assist the Commission (section 6fa).
Under the Royal Commissions Act 1933, the obligations on the parties involved include adhering to the confidentiality directives issued by the Commission. Witnesses are required to comply with the Commission's decision to take evidence in private if such a request is made and deemed appropriate. Additionally, any barrister or solicitor appointed by the Attorney General to assist a Commission, or any person authorised to appear before it, must follow the Commission's instructions regarding the examination and cross-examination of witnesses. The Commission itself is obligated to respect the general powers that allow for private evidence taking and to ensure that any evidence or documents not meant for public disclosure are protected accordingly.
The Act imposes several penalties and legal consequences for breaches of its provisions. Specifically, section 2(4) states that any person who publishes evidence or documents in contravention of a non-publication direction issued by the Commission commits an offence. The penalty for such an offence is either a fine of five hundred pounds or imprisonment for six months, or both. This provision underscores the seriousness with which the Act treats the unauthorised disclosure of sensitive information obtained during a Royal Commission's inquiry.