Such an inquiry has considerable powers, typically equivalent or greater than those of a judge but restricted to the terms of reference for which it was created. These powers may include subpoenaing witnesses, taking evidence under oath and requesting documents.
The commission is created by the head of state (the sovereign, or their representative in the form of a governor-general or governor) on the advice of the government and formally appointed by letters patent. In practice—unlike lesser forms of inquiry—once a commission has started the government cannot stop it. Consequently, governments are usually very careful about framing the terms of reference and generally include in them a date by which the commission must finish.
Royal commissions are called to look into matters of great importance and usually controversy. These can be matters such as government structure, the treatment of minorities, events of considerable public concern or economic questions. Many royal commissions last many years and, often, a different government is left to respond to the findings.
Notable royal commissions
Australia
Royal commissions (sometimes called commissions of inquiry)[2] have been held in Australia at a federal level since 1902. Royal commissions appointed by the governor-general operate under the Royal Commissions Act 1902 passed by the Parliament of Australia in 1902.[3]
Royal commissions are the highest form of inquiry on matters of public importance. A royal commission is formally established by the governor-general on behalf of the Crown and on the advice of government ministers. The government decides the terms of reference, provides the funding and appoints the commissioners, who are selected on the basis of their independence and qualifications. They are never serving politicians.[3]
Royal commissions are usually chaired by one or more notable figures. Because of their quasi-judicial powers the commissioners are often retired or serving judges. They usually involve research into an issue, consultations with experts both within and outside government and public consultations as well. The warrant may grant immense investigatory powers, including summoning witnesses under oath, offering of indemnities, seizing of documents and other evidence (sometimes including those normally protected, such as classified information), holding hearings in camera if necessary and—in a few cases—compelling all government officials to aid in the execution of the commission. The results of royal commissions are published in reports, often massive, of findings containing policy recommendations.
Due to the verbose nature of the titles of these formal documents they are commonly known by the name of the commission's chair. For example, the “Royal Commission into whether there has been corrupt or criminal conduct by any Western Australian Police Officer” is known as the Kennedy Royal Commission.
While these reports are often quite influential, with the government enacting some or all recommendations into law, the work of some commissions have been almost completely ignored by the government. In other cases, where the commissioner has departed from the Warranted terms, the commission has been dissolved by a superior court.
Royal Commission in the matter of an inquiry into a statement that there was a document missing from the official files in relation to "The Brisbane Line" (1943)
Royal Commission On Human Relationships (1974–1977), inquired into and reported on the family, social, educational and sexual aspects of male and female relationships.
Royal Commission into Drug Trafficking ("Woodward Royal Commission"), (1977–1980) investigated drug trafficking in New South Wales, especially links between the Mafia and New South Wales Police and the disappearance of Donald Mackay
Chelmsford Royal Commission (1989–1990) investigated patient deaths due to induced comas at the Chelmsford psychiatric hospital in Sydney during the 1960s and 1970s
Kapunda Road Royal Commission (2005) investigating the circumstances of the hit and run death of Ian Humphrey and those of the trial and conviction of Eugene McGee
Child Protection Systems Royal Commission (2014–2016) investigating the effectiveness of the child protection systems that are currently in place
Royal Commission of Inquiry into Drug Trafficking and Government Corruption (November 1983 – December 1984) (formerly The Commission of Inquiry Appointed to Inquire Into the Illegal Use of the Bahamas for the Transshipment of Dangerous Drugs Destined for the United States of America) A three-person Commission of Inquiry was appointed after US-television reports alleged the government was taking bribes from drug traffickers to look the other way as drugs flowed through the Bahamas bound for the United States.
Bahrain
Royal Independent Investigation Commission (June 2011), to examine the episodes of civil disobedience and alleged human rights offences committed in the aftermath of the February 2011 protests.
Royal Commission of Inquiry into the crash of Air New Zealand Flight 901 (Also known as "The Mahon Inquiry") (1980–1981).[33][31] The findings were successfully appealed to the Privy Council, setting new legal standards for the conduct of royal commissions.
Royal Commission into Certain Matters Related to Drug Trafficking (1982–83)[31]
Royal Commission for inquiring into the nature and extent of the Instruction afforded by the several Institutions in Ireland established for the purpose of Education (1824)[40]
Royal Commission of Inquiry into the condition of the Hand-loom Weavers in England and Wales, Gloucestershie section (Miles, W.A., c.1938)/ (archive.org)
Royal Commission on the State of Popular Education in England (1858–1861), also known as the Newcastle Commission, looked into the state of public education in England in order to report what measures were required “for the extension of sound and cheap elementary instruction to all classes of the people”
Royal Commission on Transportation and Penal servitude (1863)
Royal Commission on the Sanitary State of the Army in India (1863)
Royal Commission on Water Supply within the Limits of the Metropolitan Water Companies (1899), which led to the creation of the Metropolitan Water Board
Royal Commission on the Port of London (1900–1902)
Royal Commission on South African Hospitals (1901)
Rhodesia-Nyasaland Royal Commission (1937–1939), also known as the Bledisloe Commission, examined the possible closer union of Southern Rhodesia, Northern Rhodesia and Nyasaland, and recommended a union of Northern Rhodesia and Nyasaland but ruled out any political amalgamation involving Southern Rhodesia due to its overtly racial policies. The Commission's recommendations were not put in place owing to the Second World War.
Royal Commission on the Distribution of the Industrial Population (1940)
^ abCommonwealth Parliamentary Library. "Royal Commissions and Commissions of Inquiry". aph.gov.au. Canberra: Parliament of Australia. (See also: Laing, 2016). Retrieved 2 August 2021. For more information on the establishment of such an inquiry as an alternative to a Royal Commission see the letter from the Clerk of the Senate...