Document ID: chunk:federal_register_of_legislation:C2004Q00984:body:0:p1
Version: federal_register_of_legislation:C2004Q00984
Segment Type: other
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COMMONWEALTH OF AUSTRALIA

      ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:

      TO:

      THE HONOURABLE ELLIOTT FRANK JOHNSTON, QC

      GREETING:

      We do, by these Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and pursuant to the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and every other enabling power, appoint you with effect on and from 12 o'clock noon on 28 April 1989 to be a Commissioner to inquire into:

          (a) the deaths in Australia since 1 January 1980 of Aboriginals and Torres Strait Islanders (including any such death that may occur after the date of these Our Letters Patent but not including any such death that occurs after the expiration of 31 May 1989) whilst in police custody, in prison or in any other place of detention, but not including such a death occurring in a hospital, mental institution, infirmary or medical treatment centre unless injuries suffered while in police custody, in prison or in any other place of detention caused or contributed to that death; and

          (b) any subsequent action taken in respect of each of those deaths including, but without limiting the generality of the foregoing, the conduct of coronial, police and other inquiries and any other things that were not done but ought to have been done;

      AND We declare that you are authorised to conduct your inquiry into any matters under these Our Letters Patent in combination with any inquiry into the same or related matters that you are directed or authorised to make by any Commission issued, or pursuant to any order or appointment made, by any of Our Governors of the States or under the law of the Northern Territory of Australia:

      AND We further declare that, for the purpose of reporting on any underlying issues associated with those deaths, you are authorised to take account of social, cultural and legal factors which, in your judgement, appear to have a bearing on those deaths:

      AND We further declare that for the purposes of expediting your inquiry and the inquiries of relevant Commissioners, you are authorised in the course of your inquiry:

          (c) to refer to a relevant Commissioner for inquiry by that Commissioner in accordance with his or her Commission of inquiry, as you may determine, any particular death; and

          (d) to request a relevant Commissioner not to undertake inquiry, or further inquiry, into any particular death;

       being a death to which these Our Letters Patent relate:

      AND We direct you to consult generally in the course of your inquiry with each relevant