U4AOS2Topic 6: The role of Royal Commissions in law reform

Key knowledge dot point:

1. The role of Royal Commissions....in law reform and their ability to influence law reform.

Royal Commissions:

1. Royal commissions are independent public inquiries and represent the highest form of inquiry on matters of public importance in Australia. They are established only in rare and exceptional circumstances.
2. Royal commissions possess various powers to gather information to assist their investigations, such as the power to summon witnesses to appear before them and the legal authority to require individuals or organisations to provide documents as evidence
3. At the conclusion of their inquiry, royal commissions prepare a final report containing a list of recommendations for law reform, which is then tabled in parliament.
4. Royal commissions are formally established by the executive branch of government -- the Governor-General at the federal level or the Governor at the state level, acting on behalf of the King. In practice, however, it is the government that initiates the establishment of a royal commission in response to a major issue of public interest or concern.

How are Royal Commissions established?

1. Royal commissions are a temporary form of inquiry and can be quite costly to conduct and as such, it is established on an ad hoc basis (for a specific purpose) to investigate matters of significant public importance, often those surrounded by controversy.
2. To formally establish a Royal Commission, the King's representative (the Governor-General at the federal level or the Governor at the state level) must issue a Letters Patent. This document specifies: the person or persons appointed to constitute the Royal Commission; which of those persons (if there is more than one) will chair the inquiry; the terms of reference outlining what the commission will investigate; the timeframe by which the Royal Commission must report its findings. Once established, the chairperson engages staff and other professionals to assist in conducting the inquiry.

Roles of Royal Commissions:

1. Receive and analyse a terms of reference -- when the government identifies an issue or policy that demands investigation, it drafts a terms of reference document to formally define what the inquiry will examine. This document will typically include: the scope of the inquiry, outlining the boundaries and focus of the investigation; the specific issue or policy being investigated; the deadline by which the final report must be submitted. In addition, the terms of reference form part of the formal Letters Patent, which establish the inquiry and include the appointment of one or more commissioners and the timetable for any interim and final reporting.
2. Undertake consultation sessions -- royal commissions often conduct consultation sessions to gather evidence, insights, and perspectives from a wide range of individuals and organisations who have an interest in or are affected by the issue under investigation. These consultations may take the form of round-table meetings, community discussions, public forums, or private sessions with experts, industry representatives, advocacy groups, and other members of the public. In addition, Royal Commissions may invite written submissions from the public or key institutions, allowing individuals and organisations to present evidence, propose reforms, or share expert opinions to assist in developing the final report.
3. Undertake research and prepare consultation, research or background papers -- Royal Commissions may prepare consultation, research, or background papers to inform the public, stakeholders, and interested organisations about the issues under investigation. These documents help ensure that the inquiry process is transparent and accessible to the wider community. A consultation (or issues) paper outlines the key matters or concerns being examined by the Commission, identifies potential areas for reform, and poses targeted questions for consideration. It also provides guidance for individuals, experts, and organisations who wish to contribute by making a written submission. These papers serve as an important foundation for public discussion and evidence gathering, allowing the Commission to collect a wide range of perspectives, evaluate possible policy or legal changes, and develop informed recommendations in its final report.

Strengths of Royal Commissions in influencing law reform:

1. Royal Commissions are able to conduct thorough and independent investigations into specific incidents, policies, or broad social, legal, or political issues. Their extensive powers to gather evidence--such as summoning witnesses, compelling the production of documents, and consulting with experts--allow them to gain a comprehensive understanding of complex matters. As a result, they can produce well-informed, evidence-based recommendations for law reform that accurately and adequately address the underlying issues.
2. Royal Commissions are independent of the government, which means their investigations are free from political influence or bias. This independence allows them to examine sensitive or controversial issues objectively and transparently, maintaining public confidence in the fairness and integrity of their findings. Because commissioners are often former judges or respected experts, their work carries high credibility and legitimacy in the eyes of the public and policymakers.
3. Because a Royal Commission is established by the government, its findings and recommendations often carry greater political weight and credibility. As a result, parliament may be more inclined to act on and implement law reform arising from its report. This is particularly the case where the commission's work aligns with the government's policy prioritises or public expectations.
4. Royal Commissions possess coercive powers of investigation, enabling them to compel witnesses to give evidence under oath and to require the production of documents or other form of evidence. These powers ensure that the full truth can emerge, even in cases where individuals or organisations might otherwise refuse to cooperate. This thorough and transparent process allows parliament to gain a deeper understanding of complex or systemic issues, which in turn facilitates the development of effective and well-informed law reform.

Weaknesses of Royal Commissions in influencing law reform:

1. However, despite the depth of their investigations, Royal Commissions can only make recommendations, not implement them. The government is not legally bound to adopt or act on these recommendations, meaning that even-well researched findings may have limited practical impact if political will or funding is lacking. Additionally, Royal Commissions are often time-consuming and expensive to conduct, which can make them an inefficient mechanism for achieving prompt reform in urgent situations.
2. Despite the independence during the inquiry process, Royal Commissions are still established by the government, which determines their terms of reference and scope of investigation. This means the government can limit what the Commission is allowed to investigate, potentially restricting its ability to explore related or underlying issues fully.
3. However, the close connection with government can also be a limitation, as the decision to act on recommendations ultimately depends on political will, public pressure, and available resources. Even when a Royal Commission identifies serios issues, implementation may be delayed, selective, or entirely disregarded if the recommendations are politically sensitive or financially burdensome.
4. While the coercive powers make Royal Commissions highly effective fact-finding bodies, they can also make the process lengthy, resource-intensive, and adversarial. Some witnesses may experience reputational damage even before findings are finalised, and the detailed nature of investigations can lead to delays and high costs.