Document ID: chunk:federal_register_of_legislation:C2004Q00996:body:0:p1
Version: federal_register_of_legislation:C2004Q00996
Segment Type: other
Provision Reference: 
Character Range: 6–2934

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 DAME ROMA FLINDERS MITCHELL, DBE, LL.B.

      GREETING:

      WHEREAS prosecutions (hereinafter called "the prosecutions") were instituted, by persons acting on behalf of the Commonwealth of Australia, against the persons named in the Schedule in respect of the offences mentioned in the Schedule:

      AND WHEREAS a question has arisen whether, having regard to the institution of those prosecutions and to the events which occurred in connections with them, it would be appropriate for the Commonwealth to pay compensation in settlement of the claims of any person:

      AND WHEREAS the considerable period of time that elapsed between the institution of the prosecutions and their termination may have exacerbated such disabilities as the institution of the prosecutions may have imposed and accordingly it is not desirable that proceedings under this Our Commission be prolonged:

      AND WHEREAS it is desirable that, for the purposes of this Our Commission, the Commonwealth accept liability, not only for the acts and omissions of its officers but also for the acts and omissions of members of the former Commonwealth Police Force, members of the Australian Federal Police and Ministers of the Crown:

      AND WHEREAS it is not desirable that proceedings under this Our Commission touch upon matters the subject of current judicial proceedings but it is intended that certain such matters should be considered in the event of the judicial proceedings being terminated (without prejudice to a right to reinstitute proceedings within a reasonable time after the conclusion of your inquiry in which event it would not be considered appropriate to rely on any defence available under a Statute of Limitation) :

      NOW THEREFORE, 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 in pursuance of the Constitution of Our Commonwealth of Australia, the Royal Commissions Act 1902 and other enabling powers, appoint you to be a Commissioner to inquire into the following matter, namely, whether the persons named in the Schedule or their legal personal representatives (other than any persons so named whom you are advised by the Attorney-General have instituted proceedings for damages in respect of the prosecutions) or other persons who were prosecuted in circumstances similar to those which led to the prosecutions mentioned in the Schedule and whose names are notified to you by the Attorney-General, claim compensation by reasons of the institution of the prosecutions or the events which occurred in connection with them and, if so, the amount of compensation (if any) that should be offered to