Royal commissions and commissions of inquiry are the topmost level of inquiry or investigation on matters of public importance.

When the government recognises that there is a public issue of significant importance they may decide to call an independent inquiry. Generally inquiries are investigatory which means that they are set up to find out the truth about what happened. Investigations into a major bush fire or police corruption are examples of investigatory inquiries. Royal commissions and inquiries can be established:

• by the federal government;
• by a state or territory government;
• jointly by the federal and a state government; or
• jointly by the federal and a territory government.

Generally a royal commission and a commission of inquiry perform very similar functions and in some cases these names are used interchangeably. In this guide the word ‘commission’ and ‘inquiry’ mean the same thing. Some well-known commissions and inquiries at federal and state level include:

• the Royal Commission into Aboriginal Deaths in Custody (1987 -1991);
• the Royal Commission into HIH Insurance (2001-2003);
• inquiries into police corruption such as the:
  • Fitzgerald Inquiry in QLD (1987-1989);
  • Wood Royal Commission in NSW (1995-1997); and
  • Kennedy Royal Commission in WA (2002 -2004).
• the Victorian Bushfires Royal Commission (2009); and
• the Royal Commission into Institutional Responses to Child Sexual Abuse (2013-present).

As a matter of practice the government advises the Governor-General (the Queen’s representative at federal or state level) that an issue of public importance should be investigated. The Governor-General will then institute a royal commission or inquiry. The law governs the powers and processes for a commission or an inquiry. There is relevant federal law and law at the state or territory level.

The official creation of the inquiry comes in the form of ‘letters patent’ (a published, written order). This document sets out the powers and responsibilities of the commission (terms of reference) including:

• the aims of the inquiry;
• the scope of the inquiry;
• who can be appointed as a commissioner;
• the processes for appointment;
• how research and evidence can be gathered; and
• the period of time the commission has to complete its work.

Generally commissions have broad powers of investigation. They can conduct research and consult with the:

• government;
• experts; and
• the community.

In addition they often involve public hearings where witnesses can testify and evidence can be examined. They usually have broad powers to summons (call) witnesses and to issue search warrants.

The aim of a commission is to find the facts about an issue that is in the public interest. Usually the commission will also make recommendations (advice or suggestions) about policy changes that can be made to fix or improve the issue. At the end of the inquiry a final report is written and is publicly available. This report is often very long and it will generally make a number of reform recommendations influencing:

• policy;
• laws;
• administration; or
• governmental structures.

The government does not have to implement the recommendations but there is a strong public expectation that the commission’s recommendations will be acknowledged and considered.

This Legal Guide on Royal Commissions and Inquiries provides members of our community with information about the inquiry process including giving evidence at a hearing. The guide includes information about the current Australian Royal Commission into Institutional Responses to Child Sexual Abuse. Before making any important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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