Royal Commissions influencing law reform

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what are royal commissions?

a formal, independent public inquiry into an area of importance, initiated by a state or the Federal government. Royal commissions can be called on any matter that promotes peace, order and good government but they are usually called when there are reports of an illegal activity or gross administrative inability in an area of Australian life.

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How do royal commissions work?

they are overseen by commissioners who are appointed by the government. They can summon witnesses, take evidence, order search warrants by police, hold public hearings, receive written information about people who have been effected by or who know about the issue, hold public meetings.

After the investigation the commission will provide detailed information and educated recommendations to the government to ‘deal with’ the issues presented.

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Strengths of royal commissions

  • they are managed by independent experts. Commissioners usually have expert knowledge in the law/the issue being investigated. Making sure the investigation will be satisfactory.

  • holding public hearings allow for public scrutiny of the commissions activities and findings.

  • powers bestowed on the commissioners allows the commission to be sworn oral evidence as part of its investigation. ensures the investigation is thorough and makes their findings more persuasive

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Weaknesses of royal commissions

  • they tend to be very expensive, government cannot instigate unlimited royal commissions each year. Reduces the ability of royal commissions to influence law reform.

  • the process is very thorough meaning it is very time-consuming

  • rely on people affected by the issue to come forward and give evidence

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What is one recent royal commission?