Royal Commissions Act 1902

Australian legislation

Royal Commissions Act 1902

Parliament of Australia
Long title An Act relating to Royal Commissions^[1]
Royal assent	8 August 1902
Commenced	8 August 1902
Status: Amended

The Royal Commissions Act 1902 is an Australian Act of Parliament which authorises the Australian Governor-General to initiate an investigation, referred to as a Royal Commission. Royal Commissions are a major independent public inquiry into an issue, initiated by the Australian Government. They often investigate cases of political corruption or matters of significant public concern.

A Royal Commissioner, or panel of Royal Commissioners, is appointed by letters patent to preside over the commission of inquiry. The Commissioner has considerable powers, generally greater than those of a judge. However, the powers of the Commissioner are restricted to the terms of reference of the commission handed down by the Governor-General in the letters patent. Once a Commission has started the government cannot end it, and thus the government is careful in framing the terms of reference,^[2] and may place a time limit for an inquiry. The terms of reference may be amended and the time for an inquiry may be extended, at the government's discretion.

Legislation

The Royal Commissions Act 1902 received Royal Assent on 8 August 1902. The Act allows the Governor-General to issue letters patent in the name of the Crown for a Commission of Inquiry. Specifically, the Act grants the Governor-General the power to make or authorise any inquiry, or to issue any commission to make any inquiry. The terms of reference of the inquiry must relate to the peace, order and good government of the Commonwealth, any public purpose or any power of the Commonwealth.^[3]

The legislation provides that a Royal Commissioner has the power to issue a summons to a person to appear before the Commission at a hearing, to give evidence or to produce documents or other things specified in the summons.^[4] The Commission has a discretion whether it will require a person appearing at a hearing to take an oath or give an affirmation to tell the truth.

A person served with a summons or a notice to produce documents must comply with that requirement, or face prosecution for an offence. The penalty for conviction upon such an offence is two years imprisonment.^[5] However, the Act excuses the penalty for failing to attend if a reasonable excuse can be provided (self-incrimination is not a reasonable excuse, however, as statements or documents tended by witnesses are not admissible in evidence against the witness).

A Royal Commission may authorise the Australian Federal Police to execute search warrants.^[6]

Notable Royal Commissioners

Terence Cole, who presided over the Cole Royal Commission into the Building and Construction Industry (2001 – 2003) and also presided over the Cole Inquiry into certain Australian companies in relation to the UN Oil-For-Food Programme (2005 – 2006)
H. C. Coombs, who presided over the Royal Commission on Australian Government Administration (1974 – 1976)
Frank Costigan, who presided over the Costigan Commission on the activities of the Federated Ship Painters and Dockers Union (1980 – 1984)
Elizabeth Evatt, who presided over the Royal Commission on human relationships (1974 – 1978)
Jim McClelland, who presided over the McClelland Royal Commission into British nuclear tests in Australia (1984 – 1985)
Ronald Wilson, who jointly presided over the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families (1995 – 1997); published as the Bringing Them Home report

References

^ Long Title
^ "Royal Commission into Aboriginal Deaths in Custody". National Archives of Australia. Archived from the original on 21 April 2007. Retrieved 20 March 2007.
^ Royal Commissions Act 1902, section 1A
^ "ROYAL COMMISSIONS ACT 1902 - SECT 2 Power to summon witnesses and take evidence". Austlii.edu.au. Retrieved 23 January 2014.
^ "ROYAL COMMISSIONS ACT 1902 - SECT 3 Failure of witnesses to attend or produce documents". Austlii.edu.au. Retrieved 23 January 2014.
^ "ROYAL COMMISSIONS ACT 1902 - SECT 4 Search warrants". Austlii.edu.au. Retrieved 23 January 2014.

External links

Royal Commissions Act 1902 (Cth)
Government of Australia Royal Commissions web site
Parliamentary Library's list of Royal Commissions and Commissions of Inquiry from 1902
Australasian Legal Information Institute database of Australian royal commissions

Royal Commissions of the Commonwealth of Australia

1901–1920

1901–1910

1901–1905

to inquire into and report upon the arrangements made for the transport of troops returning from service in South Africa in the S.S. "Drayton Grange" (1902)
on sites for the seat of government of the Commonwealth (1903)
on the Bonuses for Manufactures Bill (1903–1904)
on the butter industry (1904–1905)
on the Navigation Bill (1904–1906)
on the affray at Goaribari Island, British New Guinea, on the 6th of March, 1904 (1904)
on customs and excise tariffs (1904–1907)
on old-age pensions (1905–1906)
on the tobacco monopoly (1905–1906)

1906–1910

on ocean shipping service (1906)
British New Guinea—Royal Commission of inquiry into the present conditions, including the method of government, of the Territory of Papua, and the best means of their improvement (1906–1907)
on secret drugs, cures, and foods (1906–1907)
on postal services (1908–1910)
on insurance (1908–1910)
on stripper harvesters and drills (1908–1909)
on Tasmanian customs leakage (1910–1911)

1911–1920

1911–1912	on the sugar industry (1911–1912) on the pearl-shelling industry (1912–1916) on the fruit industry (1912–1914)
1913–1914	to inquire into certain charges against Mr. Henry Chinn (1913) on Northern Territory railways and ports (1913–1914) on powellised timber (1913–1914) upon the Commonwealth electoral law and administration (1914–1915) on meat export trade (1914) on food supplies and trade and industry during the war (1914)
1915–1916	on mail services and trade development between Australia and the New Hebrides (1915) on Liverpool Military Camp, New South Wales (1915) on the charges made by D. L. Gilchrist concerning the construction of the western section of the Kalgoorlie to Port Augusta Railway (1916) to inquire into and report upon certain charges against the Administrator and other officers of the Northern Territory Administration (1916) on Federal Capital Administration (1916–1917)
1917–1918	on Java and the East Indies, Singapore and the Straits Settlements (1917–1918) on Navy and Defence Administration (1917–1919) on the war—Australian Imperial Force. Report as to number of members fit for active service and number of reinforcements and enlistments required (1918) on Public Service administration, Commonwealth of Australia (1918–1920) upon the public expenditure of the Commonwealth of Australia with a view to effecting economies (1918–1921) on taxation of leasehold estates in Crown lands (1918–1919) on the basic wage (1919–1920)
1919–1920	on the sugar industry (1919–1920) on industrial troubles on Melbourne wharfs (1919–1920) on late German New Guinea (1919–1920) to inquire into complaints by the munition worker passengers to Australia by the transport "Bahia Castillo" (1919) on Northern Territory Administration (1919–1920) on taxation (1920–1923) on the increase of the selling price of coal (1920)

1921–1940

1921–1930

1921–1922	on the matter of uniform railway gauge (1921) on pillaging of ships' cargoes (1921) on Cockatoo Island Dockyard (1921) upon the loyalty to the British Crown of German Nationals resident in Australia whose property is liable to a charge created by the Treaty of Peace Regulations made under the Treaty of Peace (Germany) Act 1919–1920 (1921)
1923–1924	on the circumstances attending the supposed loss at sea of the steamship "Sumatra" (1923) in connection with sugar purchases by the Commonwealth through Mr. W. E. Davies in September and October, 1920 (1923–1924) in connection with joinery supplied to the War Service Homes Commissioner in March, 1920 (1923–1924) on the Navigation Act (1923–1925) on national insurance (1923–1927) on the method for determining the unimproved value of land held under Crown leases (1924–1925) on the assessment of war service disabilities (1924–1925) to inquire into extracts from the reports in Parliamentary Debates of speeches made by Mr. Scullin in the House of Representatives on 7 and 19 August 1924, in relation to land tax matters (1924–1925) on the finances of Western Australia, as affected by Federation (1924–1925)
1925–1926	on health (1925–1926) on Norfolk Island affairs (1926) on certain matters in connexion with the British Phosphate Commission (1926)
1927–1928	on wireless (1927) on the Edie Creek (New Guinea) leases (1927) on the Moving Picture Industry in Australia (1927–1928) on the Constitution (Australia)
1929–1930	on the coal industry (1929) to inquire into allegations affecting members of the Parliamentary Joint Committee of Public Accounts in connexion with claims made by broadcasting companies against the Commonwealth Government (1930)

1931–1940

1931–1935

on Jacob Johnson (1931)
on performing rights (1932–1933)
on taxation (1932–1934)
on mineral oils and petrol and other products of mineral oils (1933–1935)
on the wheat, flour and bread industries (1934–1936)
to inquire into and report upon the circumstances associated with the retirement of Lieutenant-Commander Alan Dermot Casey from the Royal Australian Navy (1934)
to inquire into the monetary and banking systems at present in operation in Australia (1935–1937)

1936–1940

on doctors' remuneration for national insurance service and other contract practice (1938)
regarding the contract for the erection of additions to the General Post Office, Sydney (1939)

1941–1960

1941–1950

to inquire into and report upon the contract or contracts with Abbco Bread Co. Pty. Limited for the supply of bread to the Department of the Army, and other matters (1941)
to inquire into circumstances under which certain public monies were used and to whom, and for what purposes such moneys were paid (1941)
an inquiry into a statement that there was a document missing from the official files in relation to "The Brisbane Line" (1943)
to inquire into and report upon certain transactions of the Sydney Land Sales Control Office, and the Canberra Land Sales Control Office of the Treasury (1947)
to inquire into certain transactions in relation to timber rights in the Territory of Papua-New Guinea (1949)

1951–1960

on the Port Augusta to Alice Springs Railway (1951–1952)
on television (1953–1954)
on espionage (1954–1955)

1961–1980

1961–1970

on alleged improper practices and improper refusal to co-operate with the Victoria Police Force on the part of persons employed in the Postmaster-General's Department in Victoria in relation to illegal gambling (1962–1963)
on loss of HMAS Voyager (1964)
on the statement of Lieutenant Commander Cabban and matters incidental thereto (1967–1968)
into exploratory and production drilling for petroleum in the area of the Great Barrier Reef (1970–1975)

1971–1980

1971–1975

Aboriginal Land Rights Commission (1973–1974)
Australian Post Office Commission of inquiry (1973–1974)
of Inquiry into land tenures (1973–1976)
on petroleum (1973–1976)
of Inquiry into the maritime industry (1973–1976)
Independent Inquiry into Frequency Modulation Broadcasting (1973–1974)
of Inquiry into transport to and from Tasmania (1974–1976)
on Australian Government Administration (1974–1976)
on human relationships (1974–1978)
on intelligence and security (1974–1977)
into alleged payments to maritime unions (1974–1976)
to inquire into and report upon certain incidents in which Aborigines were involved in the Laverton area (1975–1976)
on Norfolk Island (1975–1976)

1975–1980

of Inquiry into drugs (1977–1980)
of Inquiry into matters in relation to electoral redistribution Queensland, 1977 (1978)
of Inquiry into the efficiency and administration of hospitals (1979–1981)
of Inquiry into the viability of the Christmas Island phosphate industry (1979–1980)
on the activities of the Federated Ship Painters and Dockers Union (1980–1984)

1981–2000

1981–1990

1981–1985

of Inquiry into Drug Trafficking (1981–1983)
into the activities of the Australian Building Construction Employees' and Builders Labourers' Federation (1981–1982)
into Australian meat industry (1981–1982)
of Inquiry into the activities of the Nugan Hand Group (1983–1985)
on the use and effects of chemical agents on Australian personnel in Vietnam (1983–1985)
on Australia's security and intelligence agencies (1983–1985)
of Inquiry into compensation arising from social security conspiracy prosecutions (1984–1986)
into British nuclear tests in Australia (1984–1985)
of inquiry into alleged telephone interceptions (1985–1986)

1986–1990

of inquiry into Chamberlain convictions (1986–1987)
into grain storage, handling and transport (1986–1988)
into Aboriginal Deaths in Custody (1987–1991)

1991–2000

of Inquiry into the Australian Secret Intelligence Service (1994–1995)
of Inquiry into the leasing by the Commonwealth of accommodation in Centenary House (1994)
of Inquiry into the relations between the CAA and Seaview Air (1994–1996)

2001–2020

2001–2010