Week 6: Royal Commissions
We've all heard on the news when a Royal Commission gets called, and it seems like a big deal. But why? What do they do, and why are they different to other inquiries? Well, I'm glad you asked...
In Australia, Royal Commissions (RC's) are the highest form of public inquiry on a matter of public importance. They are usually overseen by distinguished members of the community, often they’re former judges. Although initiated by governments, governments have no bearing on RC procedures once they are underway.
Essentially, RC's can have two primary purposes. Firstly, they are inquiries to determine the truth of a matter or determine the cause of a significant event. Secondly, RC's can focus on researching a broad issue in detail to provide recommendations to government. RC’s have broad powers, most notably the ability to force any individual to respond to questioning. RC’s can also make recommendations to prosecutors for criminal proceedings and provide indemnity, protecting individuals from civil or criminal process when they provide evidence.
RC’s involve open and closed hearings. Members of the community with interest in the matter may make submissions and even be called to testify in the Federal Court. These are often publicly available statements, and particular testimonies can have major effects on the community’s perception of an issue. Most recently, this occurred in the Aged Care Royal Commission, where stories of mistreatment in aged care facilities were documented in media reports, shocking the community.
RC’s can be initiated for a variety of reasons. Usually, they refer to matters of importance that either the public or government believe requires further analysis. In recent years, RC’s have been initiated following high-profile media revelations, such as the Royal Commission into Youth Detention in 2014. RC's are also often called following sustained pressure from political rivals, as seen in the Banking Royal Commission in 2017, where The Nationals, Labor, and the Greens all teamed up to pressure the Turnbull Government to call a Royal Commission.
RC's can be held at the Federal and State level, where both are initiated the same way, following the giving of advice from the Government to the Governor-General or Governor (at the State level). The Government determines the terms of reference, the funding allocation and selection of Commissioner(s). Both involve the delivery of Interim and Final Reports. These reports are the product of extensive research, investigation and evidence gathering, often over multiple years (RC's usually take 2-3 years to deliver findings).
These reports conclude with Recommendations for the Government, such as new legislation, regulation, funding decisions, etc. Governments are not required to implement all recommendations, although the public often expects them to. Enacting recommendations can be constrained by funding, existing policies, and good old-fashioned politics.
In 2021, the Aged Care Royal Commission delivered its Final Report. Broadly, the terms of reference sought to investigate the quality of aged care services in Australia, the extent of patient mistreatment, and establish best practices for the sector. The issue sprang into public consciousness following two separate, high-profile scandals relating to patient abuse in South Australian aged care facilities in 2016.
In September 2018, the ABC’s Four Corners program aired a special investigation into the aged care sector and the abuse and neglect of the elderly in aged care facilities across Australia. The night before, Prime Minister Scott Morrison announced he would be recommending the Governor-General to establish a Royal Commission into aged care.
The Commission ran from October 2018 to March 2021. An interim report entitled Neglect was published in October 2019. The final report was published in March 2021, entitled Care, Dignity and Respect. Over eight volumes and thousands of pages, these reports detailed the failings of the existing aged care system. In total, 148 recommendations were made, such as overhauling the Commonwealth funding structure, new legislation, and new regulatory bodies. In response, the Federal Government has accepted 85% of all recommendations, rejecting six and deliberating on the remainder.
Next week, we’ll be introducing something you’re already familiar with. When all the politicians are in the one room yelling at each other every few weeks, this is Question Time, held during Sitting Weeks. Next week we’ll have a look at what happens when all the MPs are in Canberra at the same time. See you then!
