role of royal commissions

Question 1

What are royal commissions?

Answer 1

The highest form of inquiry into matters of public concern and importance. Royal Commissions are established by the government and are given wide powers to investigate and report. (can be on vic or cth level)

Question 2

Processes used by Royal commissions

Answer 2

• use a range of measure to fully investigate & write report
• Use community consultations, roundtable discussions and research, as well as hearings (public and private) to investigate
• Also accept written submissions

Question 3

Powers held by royal commissions

Answer 3

• Broad powers, including the ability to compel witnesses and request documents
• Hearings are similar to a court in their rules of evidence and procedure
• Witnesses can be charged with an offence if they fail to comply

Question 4

Process of royal commissions

Answer 4

1. Referral: Comes from the Crown’s Representative, but on the advice of the government. They write a letters patent, including ‘terms of reference’ (guidelines & time limits), and appoints a commissioner to conduct the inquiry
2. Issues paper: Initial research to develop issues paper. Allows public submissions and expert opinions to be in line with the main issues
3. Public Hearings: Witnesses called and questioned by Royal Commission staff. Some witnesses may be coerced to attend.
4. Recommendations: The Royal Commission writes a report on the matter, including recommendations
5. Response: Parliament decides the extent to which it will accept the recommendations of the report.

Question 5

Strengths of royal commissions

Answer 5

• scope of investigative powers allows parliament to receive a report that covers the entirety of the issue
• because gov asks royal commissions to investigate something important, more likely to implement it
• can measure community views through consultations & public submissions
• attracts large amounts of publicity
• independent of parliament therefore objective

Question 6

Weaknesses of royal commissions

Answer 6

• lose credibility if gov of the day which determines terms of ref excludes areas that may be politically damaging to them
• very expensive & time-consuming (2-4 years to complete)
• no obligation to include recommendations
• royal commissions choose how investigation is conducted (may not find relevant info if not called)