Chapter 13.8

Question 1

royal commissions

Answer 1

a royal commissions is a formal, independent public inquiry into an area of importance, initiated by a state or the federal government.
- The inquiry is given terms of reference and asked to report on its findings and make recommendations
- Royal commissions are given special investigatory powers, including the power to summon people to attend hearings, give evidence under oath and be subject to cross examination

Question 2

aim of royal commission

Answer 2

The aim of the royal commission was to investigate and expose the violence, abuse, neglect and exploitation suffered by people with disability and recommend law reform to ensure this ill treatment stops and people with disability are protected

Question 3

what do those who oversee royal commission do

Answer 3

• those who oversee royal commissions have the power to summon witnesses and take evidence and can authorise police to apply for search warrants
• in order to take evidence, the commissions will hold public hearings where the commission listen to evidence from individuals and organisations
• as part of its inquiry, the commission will also usually receive written info from those who know about or have been affected by the issue
• engage with the community by holding public meeting
• providing detailed info and educated recommendation in the government to deal with the issues it has examined

Question 4

processes used by royal commisions

Answer 4

• Prepare consultation, research or background papers
• Undertake consultation sessions
• Seek community input via submissions:
• Obtain documents
• Hold public hearings

Question 5

Prepare consultation, research or background papers

Answer 5

to provide information to interested parties and the community and form the basis for discussion and submissions. A consultation paper outlines the matter or concern being investigated by the commission poses questions relating to possible reforms that could be implemented to address the areas of concern and seeks and provides guidance for individuals and organisations that wish to make a written submission.

Question 6

Undertake consultation sessions

Answer 6

to gain input, views and opinions from a range of individuals and organisations that have an interest in the area being investigated.

Question 7

Seek community input via submissions

Answer 7

so the commission can gain input and opinions from individuals who may not otherwise attend consultation sessions.

Question 8

Obtain documents

Answer 8

that are relevant to the subject matter. Royal Commissions have wideranging powers to compel organisations and individuals to produce documents. Those documents may help the commission understand the issues or identify where there has been potential misconduct

Question 9

Hold public hearings

Answer 9

to gather evidence relevant to the terms of reference. Royal Commissions have extensive powers to gather evidence at their hearings.

Question 10

The ability of royal commissions to influence law reform

Answer 10

As the highest form of inquiry into matters of public concern and importance, royal commissions can be an effective way to influence law reform. Royal commissions usually generate significant public interest, which places pressure on governments to respond to the finding and recommendations

Question 11

strengths of royal commision

Answer 11

• Governments can use the findings and recommendations of royal commissions to justify making changes in the law and government policy
• Royal commissions can be important in raising community awareness and interest in a particular area of community concern
• They can encourage individuals and groups to not only make submissions to the royal commissions, but also undertake their own initiatives
• Because the government asks royal commissions to investigate something important, the government may be more likely to act on the royal commissions report and recommendations
• Royal commissions can measure community views on areas of investigation by holding consultations and receiving public submissions
• Royal commissions can investigate an area comprehensively so the government can initiate a new law that covers the area inquired about
• Royal commissions have wide ranging powers, including the power to call anyone to appear before them to give evidence
• Royal commissions are independent of parliaments, and more likely to remain objective and unbiased in making their recommendations

Question 12

weakness of royal commissions

Answer 12

• Royal commissions may lose credibility in situations where the government of the day, which determines the terms of reference, chooses not to include any areas that might be potentially politically damaging for them, or called the royal commission on a matter to win voter support
• The extent to which a royal commissions can influence law reform is mixed, and depends on matters such as the subject matter and whether there is bipartisan support for the reform
• Royal commissions may be used as a tool against political opponents
• May also be used to avoid addressing more critical issues requiring law reform
• There is no obligation on the part of the parliament to support or introduce legislation which adopts any of the recommendations made by royal commissions
• Royal commission investigations can be time consuming and costly
• Royal commissions choose how they are to conduct their investigation, therefore it is possible that certain individuals or organisations have relevant information or evidence, but are not called to give evidence or that information is not revealed
• The ability of the royal commission to influence law reform depends on the timing of its reporting and its terms of reference