A New Model Of Statutory Inquiries?

Key Points:
The Australian Law Reform Commission is promoting a new statutory framework, proposing a form of inquiry to run parallel to Royal Commissions, with similar advantages and outcomes to Royal Commissions, but offering greater flexibility and less formality.

The Australian Law Reform Commission's (ALRC's) review of the provisions and operation of the Royal Commissions Act 1902 was overviewed in our April edition. At that time, we noted that the review presented an opportunity to develop a more modern, flexible and ideally less expensive means of inquiry.

It remains the case that Royal Commissions, particularly those carrying out investigations and not engaged in policy development, have proved too inflexible to deal quickly with matters of lesser import; and are possibly too antiquated to manage matters of greater moment, that require forensic investigation, backed by credible powers of compulsion.