{"id":"C2004A03333","name":"Parliamentary Commission of Inquiry (Repeal) Act 1986","slug":"parliamentary-commission-of-inquiry-repeal-act-1986","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"92 of 1986","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7299,"registerId":"commonwealth-C2004A03333-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Parliamentary Commission of Inquiry (Repeal) Act 1986.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"#### 3 Repeal\n\n  The Parliamentary Commission of Inquiry Act 1986 is repealed.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  (1) In this Act:\n\n> commencement means the commencement of this Act.\n\n> Presiding Officers means the President of the Senate and the Speaker of the House of Representatives.\n\n> repealed Act means the Parliamentary Commission of Inquiry Act 1986.\n\n  (2) Commission has the same meaning in this Act as in the repealed Act.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 4A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Protection of persons","content":"#### 5 Protection of persons\n\n  The protection given by section 21 of the repealed Act to any person in respect of anything done before the commencement continues after the commencement by force of this section.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Custody of documents","content":"#### 6 Custody of documents\n\n  (1) Subject to this section, at the commencement, the Presiding Officers jointly have the exclusive right to possession of any document that was in the possession of the Commission immediately before the commencement.\n  (2) The Presiding Officers shall take such measures as they consider necessary to prevent persons from obtaining access to a document referred to in subsection (1), and may, for this purpose, commit such a document to the custody of a person designated by them.\n  (3) Notwithstanding any other law, during the period of 30 years after the commencement:\n    (a) no person other than a Presiding Officer is entitled to access to a class A document;\n    (b) a Presiding Officer shall not be required to produce such a document to any person or to answer questions concerning such a document;\n    (c) a person having custody of such a document under subsection (2) shall not be required by any person other than a Presiding Officer to produce such a document to any person or to answer questions concerning such a document; and\n    (d) a person who was a member of the Commission or of the staff of the Commission or was counsel assisting the Commission shall not be required by any person to answer questions concerning such a document.\n  (4) Notwithstanding any other law, a person is not entitled to have access to, or to make use of:\n    (a) a class A document after the end of the period of 30 years after the commencement; or\n    (b) a class B document at any time;\n  except in accordance with the written authority of the Presiding Officers.\n  (5) An agency within the meaning of the Freedom of Information Act 1982 is exempt from the operation of that Act in relation to a document created for the purposes of the Commission.\n  (6) In this section:\n\n> class A document means a document referred to in subsection (1) that contains material relating to the conduct of the Honourable Lionel Keith Murphy.\n\n> class B document means a document referred to in subsection (1) that contains material relating to:\n\n    (a) the meaning of section 72 of the Constitution; or\n    (b) any other matter;\n  but does not include a class A document.\n\n> person includes a court or tribunal, or an authority (including a House of the Parliament or a committee of either or both of the Houses of Parliament) having power to require the production of documents or the answering of questions.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Disclosure","content":"#### 7 Disclosure\n\n  (1) A person who is, or has at any time been, a member of the Commission, a member of the staff of the Commission or counsel assisting the Commission shall not, directly or indirectly, disclose to any other person or make use of any document or information to which the first‑mentioned person has had access by reason of being or having been such a member or counsel.\n\nPenalty: Imprisonment for 6 months or 50 penalty units, or both.\n\n  (2) Subsection (1) does not apply in relation to:\n    (a) the performance of any act otherwise authorised by this Act; or\n    (b) anything done in accordance with an authority given under subsection 6(4).","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Legal and financial assistance","content":"#### 8 Legal and financial assistance\n\n  The Commonwealth shall provide assistance in accordance with an authorisation made by the Attorney‑General under section 22 of the repealed Act.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Act to bind Crown","content":"#### 9 Act to bind Crown\n\n  This Act binds the Crown in right of the Commonwealth or of a State or Territory, but does not render the Crown liable to prosecution for an offence.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Appropriation","content":"#### 10 Appropriation\n\n  The remuneration and allowances of persons who were members of the Commission, and any other expenses occasioned by the operation of the repealed Act, shall be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.","sortOrder":10}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The Act removes the Commission's statutory basis by repealing the earlier Act (s3) but retains and clarifies residual obligations and protections: continued protection for past actions (s5), custody and long-term secrecy of documents (s6), criminal penalties for disclosure (s7), Authorised legal/financial support (s8) and payment from consolidated revenue (s10), while binding the Crown but excluding Crown prosecution (s9). The net effect is a narrower operational scope focused on winding-up, records control and survivals rather than ongoing Commission functions."},"complexity_factors":["Repeal plus preservation: the Act both abolishes the earlier statute and preserves particular protections and liabilities for past conduct (s3, s5) — this dual action raises implementation questions about which functions continue.","Document control and long secrecy: exclusive possession and broad restriction on access for up to 30 years, with further restrictions thereafter unless authorised by Presiding Officers (s6(1)–(4)) — creates enduring access limits and record-management burdens.","High discretion concentrated in Presiding Officers: wide authority to withhold, designate custodians and authorise later access to documents (s6(2), s6(4)) — administrative discretion shapes access outcomes.","FOI exemption and inter-act interaction: explicit exemption for agencies under the Freedom of Information Act 1982 in relation to Commission-created documents (s6(5)) — requires coordination between statutes.","Criminalisation of disclosure: affirmative offence and specified penalty for former members, staff or counsel who disclose or use Commission material (s7) plus application of Criminal Code principles (s4A) — compliance risk for affected individuals.","External references and definitional reliance: the Act refers to authorisations and meanings in the repealed Act and to section 22 authorisation for legal assistance (s4(2), s8) — interpretation may require consulting the repealed Act's text.","Fiscal and Crown treatment: appropriation for pay and expenses (s10) and binding the Crown while exempting the Crown from prosecution (s9) — clarifies who pays and limits state liability."],"plain_english_summary":"This Act repeals the Parliamentary Commission of Inquiry Act 1986 and ends that Commission's statutory operation. It preserves protections for past actions, vests control of the Commission's records in the Parliament's Presiding Officers (including long confidentiality and FOI exemptions), creates a criminal offence for unauthorised disclosure, requires Commonwealth funding for members' costs and authorised legal assistance, and binds the Crown while excluding Crown prosecution."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: repealing the inquiry statute, managing the aftermath (document custody, gag orders, financial wrap-up), and ensuring secrecy. It does not expand beyond the immediate task of dismantling the Murphy inquiry."},"complexity_factors":["Only 10 sections, but dense with conditional logic in sections 6 and 7","Nested definitions: 'class A document' and 'class B document' create a two-tier secrecy system with different time periods and access rules","Cross-reference to repealed Act for definitions ('Commission', 'section 21 protection', 'section 22 assistance') requiring external context","Complex temporal restrictions: 30-year blackout for Class A, permanent for Class B","Broad definition of 'person' in section 6(6) explicitly includes courts, tribunals, and parliamentary committees — unusual override of normal judicial and parliamentary processes","Interaction with other laws: explicit exemption from Freedom of Information Act 1982 and 'notwithstanding any other law' clauses overriding general legal principles"],"plain_english_summary":"This law shuts down a special parliamentary investigation and locks away its secrets for decades.\n\n**What it does:**\n- **Repeals (cancels)** the Parliamentary Commission of Inquiry Act 1986 — a law that set up a special commission to investigate allegations against High Court Justice Lionel Murphy.\n- **Protects people** who gave evidence or assisted the inquiry — they can't be sued or prosecuted for anything they did while the commission was running.\n- **Seals the records** — all documents from the inquiry are handed over to the President of the Senate and the Speaker of the House (the \"Presiding Officers\"), who lock them away:\n  - **Class A documents** (anything about Lionel Murphy): locked away for **30 years**, no one can see them without permission from the Presiding Officers.\n  - **Class B documents** (everything else, including legal analysis about the Constitution): locked away **forever**, unless the Presiding Officers give written permission.\n- **Gags everyone involved** — commissioners, staff, and lawyers who worked on the inquiry face up to 6 months in prison if they reveal what they know.\n- **Pays the bills** — the government appropriates money to pay the commissioners' salaries and wrap up the inquiry's affairs.\n\n**Who it affects:**\n- The Presiding Officers (who now control secret archives)\n- Former commissioners, staff, and lawyers (who must stay silent)\n- Historians, journalists, and the public (who are barred from accessing these records)\n- The Commonwealth (which foots the bill)\n\n**Why it matters:**\nThis is essentially a **cover-up mechanism**. Parliament created a commission to investigate serious allegations against a sitting High Court judge, then changed its mind and abolished the commission before it finished — but ensured all the evidence gathered would remain secret for 30 years (or forever, for some material). It shows Parliament exercising its power to bury its own investigations while protecting participants from legal consequences."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"While the Act's primary purpose is straightforward repeal of the parent Act, it goes well beyond a simple repeal by creating substantial new and ongoing legal obligations — including permanent document suppression regimes, criminal offences, FOI exemptions, and protections that override courts and other legal bodies. The scope expanded significantly from mere abolition to a comprehensive ongoing secrecy and document-management framework."},"complexity_factors":["Creates two distinct and differently-treated document classification tiers (class A and class B) with different access rules and time periods","Overrides multiple other laws simultaneously, including Freedom of Information legislation and any other law requiring document production","The definition of 'person' in section 6 is unusually broad — explicitly including courts, tribunals, and parliamentary committees — which has significant constitutional implications","Ongoing legal obligations (document custody, financial assistance, protections) survive the repeal of the parent Act, requiring careful cross-referencing","Criminal liability provisions require cross-referencing with the Criminal Code (Chapter 2) for interpretation of fault elements","Permanent (indefinite) restriction on class B documents creates an unusual and open-ended legal obligation with no sunset clause","Historical constitutional context (section 72 of the Constitution regarding judicial tenure) is necessary to fully understand the document categories"],"plain_english_summary":"The Act shuts down the Parliamentary Commission of Inquiry into Justice Lionel Murphy, transfers its records to the Presiding Officers, and locks sensitive materials for at least 30 years, with some categories remaining inaccessible indefinitely without Presiding Officer approval. It shields witnesses and staff from liability, criminalises unauthorized disclosures, exempts Commission records from FOI, and preserves ongoing legal and financial support — a notable, sweeping suppression of documents from a sensitive probe of a High Court judge."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-commission-of-inquiry-repeal-act-1986","history":"/api/acts/parliamentary-commission-of-inquiry-repeal-act-1986/history","analysis":"/api/acts/parliamentary-commission-of-inquiry-repeal-act-1986/analysis","conflicts":"/api/acts/parliamentary-commission-of-inquiry-repeal-act-1986/conflicts","importantCases":"/api/acts/parliamentary-commission-of-inquiry-repeal-act-1986/important-cases","documents":"/api/acts/parliamentary-commission-of-inquiry-repeal-act-1986/documents"}}