‘It’s The Law’ – Investigation can prompt change
You are likely used to hearing of Royal Commissions in the media. The recent Royal Commissions into aged care and the financial services industry received significant attention.
In this article I will explain what a Royal Commission is, how the process for a Royal Commission begins, the likely outcomes of a Royal Commission and what sets a Royal Commission apart from other inquiries.
A Royal Commission is an investigatory body which can be used to investigate the actions of governments, private entities or individuals.
Royal Commissions are the highest form of inquiry and have the power to summons witnesses to appear before it and the power to request individuals or organisations to produce documents as evidence.
Royal Commissions make recommendations to government about what should change.
Other public investigatory bodies investigations such as those conducted by the Auditor-General and Ombudsman are conducted in private. Royal Commissions, on the other hand, are generally conducted in public like a Court.
What they can achieve
Royal Commissions can lead to significant change in the way a government might deal with an issue, through exposing issues that might otherwise not been exposed entirely.
For example, the Queensland Fitzgerald Inquiry which investigated Queensland Police and Misconduct of the Sir Joh Bjelke-Peterson government achieved great success in removing police and government corruption after the new Queensland Government implemented most of the recommendations of the Royal Commission.
This Royal Commission led to four government ministers being jailed, numerous convictions, the establishment of important oversight bodies and significant reform of the Queensland Police Force.
However, Royal Commissions do not always lead to significant change because a government can choose not to follow the recommendations of a Royal Commission. For example, there has been recent criticism that important recommendations, which may have improved response times to the recent New South Wales and Queensland floods, were not implemented.
How they are created
Royal Commissions are established by royal instruments known as letters patent issued by the Queen’s representatives being the Governor- General at a federal level, or Governor or Administrator at state or territory level. The Queen’s representatives act on the advice of government ministers.
The letters patent appoints the Commissioner of the Royal Commission. Members of the legal profession, usually senior barristers and retired judges, are most often appointed as Royal Commissioners.
The letters patent also set the terms of reference of which details the scope – what is and isn’t investigated – of the Royal Commission.
Governments sometimes limit the scope of a Royal Commission to limit the mistakes of the government being uncovered.
An example of this was the inquiry into actions of the Australian Wheat Board in breaching UN sanctions against the Saddam Hussein Iraqi Government where the scope of the investigation did not extend to investigations the role of the government in the scandal.
Political influence missions
The creation of Royal Commissions can sometimes be a political exercise where a government attempts to win ‘political points’ by unearthing a matter of embarrassment to the political party in opposition. An example is the Royal Commission into Trade Union Governance and Corruption announced by Tony Abbott which members of the Coalition likely hoped to embarrass the union-affiliated Labor Party.
I hope this article has provided you with a better knowledge of how Royal Commissions operate and how they can sometimes be used for political gain.
Patrick Smith is the principal of O’Brien and Smith Lawyers. This article is intended to be used as a guide only. It is not, and is not intended to be, advice on any specific matter. Neither Patrick nor O’Brien & Smith Lawyers accept responsibility for any acts or omissions resulting from reliance upon the content of this article. Before acting on the basis of any material in this article, we recommend that you consult your lawyer.