Royal Commissions and Public Inquiries (LAWS70037)

Royal commissions and other forms of public inquiries are used by all governments. Inquiries such as the 2009 Victorian Bushfires Royal Commission and the Royal Commission into Institutional Responses to Child Sex Abuse are a frequent response by government to a major issue or event. Most Australian governments also have standing bodies with inquisitorial powers. The Federal Government has a variety of standing commissions, such as the Australian Crime Commission and the Australian Securities and Investments Commission (ASIC). Nearly every state now has a corruption commission, and several have crime commissions and police integrity bodies, all with coercive investigative powers. Coronial inquests occur in every state and territory. Lawyers advising clients affected by these inquiries require a detailed knowledge of their procedural rules, administrative and constitutional law, procedural fairness, common law privileges and other rights.

This subject is designed to equip students to deal with such inquiries, at any level, whether in government departments, the private bars, working as solicitors, or in corporate law offices or as legal advisers to corporations.

Principal topics include:

• Introduction to public inquiries
• Appointment and composition
• Supply of information
• Power to compel
• Limits on the power to compel, including public interest immunity, privilege against self-incrimination and privileges of parliament
• Application of administrative law, including procedural fairness and judicial review
• The role of counsel assisting
• Legal representation and assistance
• Contempt
• Reopening of completed inquiries
• Reform.