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ARTICLE · 01 MARCH 2014

Public inquiries, royal commissions & special projects Q&A's

The article discusses royal commissions in detail - the powers, the terms of reference, the procedure and the appeals.

AustraliaGovernment, Public Sector
  1. What is a Royal Commission?

This is an inquiry set up under the Commonwealth or State Royal Commissions Acts (or under both) authorising the person appointed as Royal Commissioner to make an inquiry and report. For this purpose the Commissioner (sometimes commissioners) are given very extensive powers, including to require production of information and answers that might otherwise be protected from disclosure under legal privilege, or privilege against self incrimination.

  1. Are the powers of the Commission to obtain answers and documents absolute or subject to exceptions?

There are some exceptions, which vary depending on which state or federal legislation the Royal Commission has been instigated under, including relating to current charges or penalty proceedings, and where other legislation may specifically prohibit production. There are sometimes tricky issues in determining how to manage documentation which might be required by a Commission,

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