Such an inquiry has considerable powers, typically equivalent or greater than those of ajudge but restricted to theterms of reference for which it was created. These powers may include subpoenaing witnesses, notably video evidences, taking evidence under oath and requesting documents.
The commission is created by the head of state (the sovereign, or their representative in the form of a governor-general or governor) on the advice of the government and formally appointed byletters patent. In practice—unlike lesser forms of inquiry—once a commission has started the government cannot stop it. Consequently, governments are usually very careful about framing the terms of reference and generally include in them a date by which the commission must finish.
Royal commissions are called to look into matters of great importance and usually controversy. These can be matters such as government structure, the treatment of minorities, events of considerable public concern or economic questions. Many royal commissions last many years and, often, a different government is left to respond to the findings.
This section needs to beupdated. Please help update this article to reflect recent events or newly available information.(September 2024)
Royal commissions have been held in Australia at a federal level since 1902. Royal commissions appointed by theGovernor-General operate under theRoyal Commissions Act 1902 passed by theParliament of Australia in 1902.[2] A defunct alternative is known as a Parliamentary Commission of Inquiry.[3]
Royal commissions are the highest form of inquiry on matters of public importance. A royal commission is formally established by the Governor-General on behalf of the Crown and on the advice of government Ministers. The government decides the terms of reference, provides the funding and appoints the commissioners, who are selected on the basis of their independence and qualifications. They are never serving politicians.[2]
Royal commissions are usually chaired by one or more notable figures. Because of theirquasi-judicial powers the commissioners are oftenretired or serving judges. They usually involve research into an issue, consultations with experts both within and outside government and public consultations as well. The warrant may grant immense investigatory powers, including summoning witnesses underoath, offering of indemnities, seizing of documents and other evidence (sometimes including those normally protected, such asclassified information), holding hearingsin camera if necessary and—in a few cases—compelling all government officials to aid in the execution of the commission. The results of royal commissions are published in reports, often massive, of findings containing policy recommendations.
Due to the verbose nature of the titles of these formal documents they are commonly known by the name of the commission's chair. For example, the "Royal Commission into whether there has been corrupt or criminal conduct by any Western Australian Police Officer" is known as theKennedy Royal Commission.
While these reports are often quite influential, with the government enacting some or all recommendations into law, the work of some commissions have been almost completely ignored by the government. In other cases, where the commissioner has departed from the Warranted terms, the commission has been dissolved by a superior court.
Royal Commission in the matter of an inquiry into a statement that there was a document missing from the official files in relation to "The Brisbane Line" (1943)
Royal Commission on Human Relationships (1974–1977) – inquired into and reported on the family, social, educational and sexual aspects of male and female relationships
Royal Commission into Drug Trafficking ("Woodward Royal Commission") (1977–1980) – investigated drug trafficking in New South Wales, especially links between the Mafia and New South Wales Police and the disappearance ofDonald Mackay
Chelmsford Royal Commission (1989–1990) – investigated patient deaths due to induced comas at the Chelmsford psychiatric hospital in Sydney during the 1960s and 1970s
Kapunda Road Royal Commission (2005) – investigated the circumstances of the hit-and-run death of Ian Humphrey and those of the trial and conviction of Eugene McGee
Royal Commission of Inquiry into Drug Trafficking and Government Corruption (November 1983 – December 1984) (formerlyThe Commission of Inquiry Appointed to Inquire Into the Illegal Use of the Bahamas for the Transshipment of Dangerous Drugs Destined for the United States of America) – A three-person Commission of Inquiry was appointed after US-television reports alleged the government was taking bribes from drug traffickers to look the other way as drugs flowed through the Bahamas bound for the United States.[citation needed]
Royal Independent Investigation Commission (June 2011), to examine the episodes of civil disobedience and alleged human rights offences committed in the aftermath of the February 2011 protests.
Royal Commission for inquiring into the nature and extent of the Instruction afforded by the several Institutions in Ireland established for the purpose of Education (1824)[47]
Royal Commission on the State of Popular Education in England (1858–1861) (theNewcastle Commission) – looked into the state of public education in England in order to report what measures were required "for the extension of sound and cheap elementary instruction to all classes of the people"
Rhodesia-Nyasaland Royal Commission (1937–1939) (the Bledisloe Commission) – examined the possible closer union ofSouthern Rhodesia,Northern Rhodesia andNyasaland, and recommended a union of Northern Rhodesia and Nyasaland but ruled out any political amalgamation involving Southern Rhodesia due to its overtly racial policies. The Commission's recommendations were not put in place owing to theSecond World War.
^"About the Royal Commission". Royal Commission into Defence and Veteran Suicide. Key dates.Archived from the original on 6 September 2024. Retrieved6 September 2024.
