{"id":"royal-commissions-act-1917","name":"Royal Commissions Act 1917","slug":"royal-commissions-act-1917","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106712,"registerId":"sa-royal-commissions-act-1917-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Royal Commissions Act 1917","content":"South Australia\nRoyal Commissions Act 1917\nAn Act to make further and better provision for facilitating inquiries by royal commissions.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tConstitution of commission\n5\tPower to publish information\n6\tEvidence may be taken in public or in private\n7\tCommission not to be bound by rules as to procedure or evidence\n8\tPower to sit at any time and place\n9\tActs and proceedings of commission not liable to be reviewed or restrained\n10\tPowers of commission\n11\tPowers of commission in respect of witnesses\n11A\tIssuing of summons or warrant by magistrate\n12\tDuty of witness to continue in attendance\n13\tRight of audience\n14\tWitness need not disclose secret process\n16\tStatements made by witness not admissible in evidence against him\n16A\tOrders in relation to evidence etc\n16B\tProtection to commissioners and witnesses\n23\tRegulations\n24\tEvidence of issue of commission\nSchedule 1—Form of warrant\nSchedule 2—Form of warrant\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Royal Commissions Act 1917.\n3—Interpretation\nIn this Act—\nchairman means chairman of the commission, and includes the person for the time being acting as such chairman, and, in cases where the commission is constituted of a sole commissioner, means such commissioner;\nsecretary means secretary to the commission;\ncommission means a commission of inquiry established by the Governor, by instrument under the public seal of the State;\ncommissioner means any person who is appointed by the Governor to constitute, or to be a member of, a commission;\nrecord includes—\n\t(a)\tinformation stored or recorded by a computer or other means; and\n\t(b)\ta computer tape or disk or any other device on or by which information is stored or recorded.\n4—Constitution of commission\n\t(1)\tA commission may be constituted of a single commissioner or of two or more commissioners.\n\t(2)\tWhere a commission is constituted of two or more commissioners, the commissioners will sit jointly to conduct the inquiry unless the Governor authorises individual commissioners to sit independently to conduct parts or aspects of the inquiry that are, by direction of the Governor or the chairman, to be dealt with independently by individual commissioners.\n\t(3)\tWhere a commissioner sits independently of other commissioners to conduct particular parts or aspects of an inquiry, the commissioner will have in relation to those proceedings the same powers as if appointed a sole commissioner.\n\t(4)\tWhere a commission is constituted of two or more commissioners, and the commissioners are to sit jointly for the purposes of the inquiry or any part or aspect of the inquiry, then, subject to any contrary direction by the Governor—\n\t(a)\ta quorum of the commission consists of a number of commissioners equal to, or greater than, one-half the total number of commissioners; and\n\t(b)\tthe chairman will determine questions of administration and procedure; and\n\t(c)\tany other question will be determined according to the opinion of a majority of the commissioners present at the sitting at which the question is to be determined.\n5—Power to publish information\nThe commission may publish such (if any) information obtained in the exercise of their functions as they think fit.\n6—Evidence may be taken in public or in private\nThe commission may, in connection with the exercise of their functions, take evidence in public or in private.\n7—Commission not to be bound by rules as to procedure or evidence\nThe commission, in the exercise of any of their functions or powers, shall not be bound by the rules or practice of any court or tribunal as to procedure or evidence, but may conduct their proceedings and inform their minds on any matter in such manner as they think proper; and, without limiting in any way the operation of this section, the commission may refer any technical matter to an expert and may accept his report as evidence.\n8—Power to sit at any time and place\nThe commission may sit at any time and in any place for the purpose of exercising any of their powers or functions, and may adjourn their sittings from time to time and from place to place.\n9—Acts and proceedings of commission not liable to be reviewed or restrained\nNo decision, determination, certificate, or other act or proceeding of the commission, or anything done or the omission of anything, or anything proposed to be done or omitted to be done, by the commission, shall, in any manner whatsoever, be questioned or reviewed, or be restrained or removed by prohibition, injunction, certiorari, or otherwise howsoever.\n10—Powers of commission\nThe commission shall have the following powers, that is to say:\n\t(a)\tthey and each of them may by themselves, or by any person appointed by them to prosecute an inquiry, enter upon and inspect any land, building, place, or vessel, and inspect any goods and other things, the entry upon or inspection of which appears to them or him to be requisite;\n\t(b)\tthey may require, by summons under the hand of the chairman or of the secretary acting under the direction of the chairman, the attendance of all such persons as they think fit to call before them, and may require answers or returns to such inquiries as they think fit to make;\n\t(c)\tthey may require, by summons under the hand of the chairman or of the secretary acting under the direction of the chairman, the production of any books, papers, documents or records;\n\t(d)\tthey may inspect any books, papers, documents and records produced before them, and retain them for such reasonable periods as they think fit, and may make copies of such matters therein as are relevant to the inquiry or take extracts of such matters;\n\t(e)\tthey may examine witnesses on oath, affirmation, or declaration, which may be administered by any commissioner.\n11—Powers of commission in respect of witnesses\n\t(1)\tIf any person—\n\t(a)\twho has been personally served with a summons to attend before the commission, and whose expenses, as provided in subsection (5) hereof, have been paid or tendered to him, neglects to attend in obedience to such summons; or\n\t(b)\twilfully insults the commission, or any commissioner; or\n\t(c)\tby writing or speech uses words false and defamatory of the commission, or any commissioner; or\n\t(d)\tmisbehaves himself before the commission; or\n\t(e)\tinterrupts the proceedings of the commission; or\n\t(f)\tbeing called or examined as a witness in any inquiry or any matter pending before the commission, refuses to be sworn, or to affirm or declare, or refuses or neglects to produce any books, papers, documents or records as required by a summons personally served upon him, or prevaricates in his evidence, or refuses to answer any lawful question,\nthe chairman may commit such person to gaol for any term not exceeding three months or may impose on him a penalty not exceeding $1 000, and in default of immediate payment of such penalty the chairman may commit the offender to gaol for any term not exceeding three months unless the penalty is sooner paid.\n\t(2)\tIn any of the cases aforesaid a warrant in the form or to the effect of Schedule 1 may be issued by the chairman, and such warrant shall be good and valid in law without any other warrant, order, or process whatsoever; and the Commissioner of Police and all members of the police force and the Sheriff and all gaolers may and shall obey the same.\n\t(3)\tWhen any person who has been personally served with a summons to attend as a witness before the commission, and whose expenses, as provided in subsection (5) hereof, have been paid or tendered to him, fails to attend in obedience to such summons, and fails to give a reasonable excuse for his non-attendance, the chairman, upon proof that such person has been duly served with such summons and that such expenses have been paid or tendered to him may issue a warrant in the form or to the effect of Schedule 2 to bring such person before the commission to give evidence. The provisions of subsection (2) of this section shall apply to any such warrant.\n\t(4)\tWhere any person has on any day done or omitted to do something and his act amounts to an offence against any of the provisions of subsection (1) hereof, and also does or omits to do the same thing on some other day, each such act or omission shall be a separate offence, and shall be punishable accordingly under the provisions of this section.\n\t(5)\tEvery person required by the commission to attend before it shall be allowed such expenses as would be allowed to a witness attending on subpoena before the Supreme Court, and in case of dispute as to the amount to be allowed the same shall be referred to the Master of the Supreme Court, who, on request under the hand of the chairman, shall ascertain and certify the proper amount of such expenses.\n11A—Issuing of summons or warrant by magistrate\n\t(1)\tWithout limiting the effect of any other provisions of this Act, a magistrate may, on application by the commission or a person appointed by the commission—\n\t(a)\tif satisfied that there are reasonable grounds to believe that a person has knowledge of matters, or possession or control of books, papers, documents or records, relevant to the inquiry, issue a summons requiring the person to appear before the commission and answer questions or produce the books, papers, documents or records;\n\t(b)\tif satisfied that a person has been served with such a summons and paid or tendered the person's expenses as provided in section 11(5) but has failed (without reasonable excuse) to appear or produce books, papers, documents or records in obedience to the summons, issue a warrant directed to all members of the police force for the person to be apprehended and brought before the commission.\n\t(2)\tThe grounds of an application for a summons or warrant must be verified by affidavit.\n\t(3)\tA person who has disobeyed a summons and is brought before the commission in pursuance of a warrant issued under this section may be committed to gaol or otherwise dealt with in accordance with section 11.\n12—Duty of witness to continue in attendance\n\t(1)\tEvery person who has been duly summoned to attend before the commission shall appear and report himself from day to day unless excused by the chairman, or until he is released from further attendance by the chairman.\n\t(2)\tIf any person fails to so report himself he shall be deemed to have neglected to attend before the commission in obedience to his summons, and shall be punishable accordingly.\n13—Right of audience\nUnless the commission otherwise directs, any person giving evidence before the commission may, subject to anything prescribed, be represented before the commission by counsel or solicitor.\n14—Witness need not disclose secret process\nNothing in this Act shall make it compulsory for any witness giving evidence before the commission to disclose to the commission any secret process of manufacture.\n16—Statements made by witness not admissible in evidence against him\nA statement or disclosure made by any witness in answer to any question put to him by the commission or any of the commissioners shall not (except in proceedings for an offence against this Act) be admissible in evidence against him in any civil or criminal proceedings in any court.\n16A—Orders in relation to evidence etc\n\t(1)\tWhere the Commission considers it desirable to exercise powers conferred by this section in the public interest, or in order to prevent undue prejudice or undue hardship to any person, it may, by order—\n\t(a)\tdirect that any persons specified (by name or otherwise) absent themselves from the place in which the commission is conducting its inquiry during the whole or a specified part of the proceedings; or\n\t(b)\tforbid the publication of specified evidence, or of any account or report of specified evidence, either absolutely or subject to conditions determined by the commission; or\n\t(c)\tforbid the publication of the name of—\n\t(i)\ta witness before the commission; or\n\t(ii)\ta person alluded to in the course of the inquiry,\nand of any other material tending to identify any such witness or person.\n\t(2)\tThe commission may vary or revoke an order under this section.\n\t(3)\tA person who contravenes, or fails to comply with, an order under this section shall be guilty of an offence and liable to a penalty not exceeding two thousand dollars or imprisonment for six months.\n16B—Protection to commissioners and witnesses\n\t(1)\tA commissioner has, in relation to the exercise of his functions as commissioner, the same protection and immunities as a judge of the Supreme Court.\n\t(2)\tSubject to this Act, a witness before the commission has the same protection and immunities as a witness in proceedings before the Supreme Court.\n\t(3)\tCounsel appearing before the commission has the same protection and immunities as counsel appearing in proceedings before the Supreme Court.\n23—Regulations\n\t(1)\tThe Governor may make such regulations as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may—\n\t(a)\tprescribe the forms of summonses, subpoenas and notices to be used by the commission;\n\t(b)\tprescribe rules of practice and procedure;\n\t(c)\tprescribe expenses to be paid to commissioners;\n\t(d)\tprescribe penalties (not exceeding $500) for breach of, or non-compliance with, a regulation.\n24—Evidence of issue of commission\nIn all legal proceedings the production—\n\t(a)\tof a document purporting to be a commission, and purporting to be signed by the Governor and to be sealed with the public seal of the State, and purporting to be directed to any person or persons, and to appoint him or them to be a commissioner or commissioners to make inquiry into any matter, or to authorise or require him or them to make inquiry into any matter, or\n\t(b)\tof a document purporting to be a copy of any such commission, and certified in writing by the person named therein as chairman of the commission or sole commissioner, as the case may be, to be a true copy of the commission,\nshall be evidence that the Governor has issued the commission.\nSchedule 1—Form of warrant\nRoyal Commissions Act 1917\nTo the Commissioner of Police and all members of the Police Force of South Australia, and to the Keeper of the Gaol at                               .\nThese are to command you the Commissioner of Police and all members of the Police Force of South Australia to apprehend AB and to convey him to the above-mentioned gaol, and to deliver him to the keeper thereof, together with this warrant; and you the said keeper are hereby required to receive the said AB into your custody in the said gaol, and him there safely to keep for the term of                               (unless the sum of                               is sooner paid) I, the undersigned, chairman (or acting chairman) of the                               Commission, having adjudged the said AB to be imprisoned (or pay a penalty of                              , and having further adjudged him to be imprisoned on the ground that he has made default in the immediate payment thereof), for the said term, for that he the said AB [here state the offence to the following effect, as the case may require].\nThat AB having been duly served with a summons to attend before the said commission and having had his expenses paid or tendered, neglected to attend before the said commission (or that AB wilfully insulted the said commission, or CD, one of the members of the said commission, or that AB used words false and defamatory of the said commission, or of CD, one of the members of the said commission, or that AB misbehaved himself before the said commission, or that AB interrupted the proceedings of the said commission, or that AB, having been called or being examined as a witness in a certain inquiry or matter pending before the said commission, refused to be sworn or affirm or declare or to produce a certain document mentioned in the summons served on him, or was guilty of prevarications in his evidence or refused to answer a certain lawful question).\nGiven under my hand at                               this                               day of                     in the year of our Lord two thousand and                              .\n[Signature]\nChairman (or Acting Chairman) of the                               Commission.\nSchedule 2—Form of warrant\nRoyal Commissions Act 1917\nTo the Commissioner of Police and all members of the Police Force of South Australia.\nWhereas, pursuant to the provisions of the above-mentioned Act, it has this day been proved to me that                               of                               has been duly served with a summons to attend and give evidence before the                               Commission, pursuant to the said Act, but has failed to attend in obedience to such summons:\nThis is to require you forthwith to apprehend the said                               and to detain him in custody and bring him before the said commission to give evidence.\nGiven under my hand at                               this                               day of                               in the year of our Lord two thousand and                              .\n[Signature]\nChairman (or Acting Chairman) of the                               Commission.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Royal Commissions Act 1917 repealed the following:\nWitnesses on Commissions Oaths Act (No. 20 of 1873)\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1917\n1272\nRoyal Commissions Act 1917\n11.10.1917\n11.10.1917\n1980\n80\nRoyal Commissions Act Amendment Act 1980\n27.11.1980\n27.11.1980\n1982\n87\nRoyal Commissions Act Amendment Act 1982\n7.10.1982\n7.10.1982\n1988\n31\nRoyal Commissions Act Amendment Act 1988\n21.4.1988\n21.4.1988\n1991\n8\nRoyal Commissions (Summonses and Publication of Evidence) Amendment Act 1991\n28.3.1991\n28.3.1991\n1992\n35\nStatutes Amendment and Repeal (Public Offences) Act 1992\n21.5.1992\n6.7.1992 (Gazette 2.7.1992 p209)\n2003\n44\nStatute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2006\n17\nStatutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 67 (s 213)—4.9.2006 (Gazette 17.8.2006 p2831)\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 3\n\n\nthe commission\ndeleted by 31/1988 s 2\n21.4.1988\ncommission\ninserted by 31/1988 s 2\n21.4.1988\ncommissioner\ninserted by 31/1988 s 2\n21.4.1988\nrecord\ninserted by 8/1991 s 2\n28.3.1991\ns 4\nsubstituted by 31/1988 s 3\n21.4.1988\nheading preceding s 5\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 10\namended by 8/1991 s 3\n28.3.1991\n\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 11\n\n\ns 11(1)\namended by 31/1988 s 4\n21.4.1988\n\namended by 8/1991 s 4\n28.3.1991\ns 11A\ninserted by 8/1991 s 5\n28.3.1991\ns 15\namended by 31/1988 s 5\n21.4.1988\n\ndeleted by 35/1992 s 18\n6.7.1992\ns 16A\ninserted by 80/1980 s 3\n27.11.1980\ns 16A(4)\ndeleted by 8/1991 s 6\n28.3.1991\ns 16B\ninserted by 87/1982 s 2\n7.10.1982\nheading preceding s 17\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 17\namended by 31/1988 s 6\n21.4.1988\n\ndeleted by 35/1992 s 18\n6.7.1992\ns 18\namended by 31/1988 s 7\n21.4.1988\n\ndeleted by 35/1992 s 18\n6.7.1992\ns 19\namended by 31/1988 s 8\n21.4.1988\n\namended by 8/1991 s 7\n28.3.1991\n\ndeleted by 35/1992 s 18\n6.7.1992\ns 20\namended by 31/1988 s 9\n21.4.1988\n\ndeleted by 35/1992 s 18\n6.7.1992\ns 21\namended by 31/1988 s 10\n21.4.1988\n\ndeleted by 35/1992 s 18\n6.7.1992\ns 22\namended by 31/1988 s 11\n21.4.1988\n\ndeleted by 35/1992 s 18\n6.7.1992\nheading preceding s 23\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 23\nsubstituted by 31/1988 s 12\n21.4.1988\nheading preceding s 24\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nheading preceding s 25\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 25\namended by 31/1988 s 13\n21.4.1988\n\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nss 26 and 27\ndeleted by 17/2006 s 213\n4.9.2006\nHistorical versions\nReprint No 1—15.11.1991\n\nReprint No 2—6.7.1992\n\nReprint No 3—24.11.2003\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The Act has been amended several times to add or modify powers and protections. Notable changes recorded in the legislative history include the insertion of section 16A (orders in relation to evidence and publication) (inserted 1980), the insertion of section 16B (protections and immunities for commissioners, witnesses and counsel) (inserted 1982), and the insertion of section 11A (magistrate power to issue summonses or warrants on application and affidavit) (inserted 1991). The definition of 'record' was added in 1991. The constitution of commissions (s4) was substituted in 1988 and other procedural provisions and references have been amended across 1980–2006 (see the \"Provisions amended since 3 February 1976\" and associated entries in the legislative history). These amendments expand investigatory and enforcement mechanisms (s11A; s10; s11) and introduce explicit suppression‑order and immunity regimes (s16A; s16B)."},"complexity_factors":["Wide discretionary powers for commissions over procedure and evidence (s7) increasing interpretative variation","Multiple enforcement routes and penalties (chairman sanctions under s11; magistrate warrants under s11A; police enforcement under s11(2) and Schedules)","Interplay between publication powers (s5) and suppression/identification orders (s16A), which creates conditional rules for information flow","Limits on judicial review (s9) and statutory immunities (s16B) that narrow external oversight options","Operational details linking to external institutions and rules (witness expenses tied to Supreme Court practice per s11(5); referrals to Master of the Supreme Court; magistrate affidavit requirement in s11A(2))","Regulatory delegation enabling the Governor to prescribe forms, procedure and penalties (s23), adding subordinate‑law complexity","Amendments history and inserted provisions (e.g. s11A, s16A, s16B) producing layered chronology of scope changes"],"plain_english_summary":"What this law does (mechanically)\n\n- Establishes how a royal commission (a formal inquiry set up by the Governor) is put together and operates (see s3, s4). The Governor appoints commissioners and may direct whether they sit jointly or individually (s4(1)–(3)).\n- Gives the commission broad powers to gather information: to summon people to attend and answer questions, to require production of books, papers or records, to enter and inspect premises or things, to examine witnesses on oath, and to retain or copy documents relevant to the inquiry (s10(a)–(e); s11(1)(b)–(c); s10(d)).\n- Allows the commission to take evidence in public or private and to publish any material it obtains, but also to make orders forbidding publication or identifying witnesses where the commission considers that desirable (s5; s6; s16A(1)(b)–(c)). Orders made under s16A can be varied or revoked (s16A(2)).\n- Empowers the chairman (or the commission) to deal with non‑compliance by witnesses: fines and imprisonment (up to $1,000 and/or up to three months) for certain conduct such as ignoring a summons, insulting the commission, refusing to produce documents or refusing to answer lawful questions (s11(1)). The chairman may issue warrants to enforce such orders; police, sheriff and gaolers are required to obey (s11(2)–(3); Schedules 1–2).\n- Permits a magistrate, on application and affidavit, to issue summonses or warrants to secure attendance or production of documents where the commission requests it (s11A(1)–(3)).\n- Provides procedural flexibility: the commission is not bound by court rules of procedure or evidence and may conduct inquiries as it thinks fit (including using expert reports) (s7). It may sit at any time or place and adjourn as needed (s8).\n- Limits judicial intervention: acts and decisions of the commission cannot be questioned, reviewed, restrained or removed by injunction, certiorari or other judicial remedies (s9).\n- Protects certain participants: statements made to the commission are not admissible against a witness in other civil or criminal proceedings (except prosecutions under the Act) (s16); commissioners, witnesses and counsel before the commission have immunities comparable to those in Supreme Court proceedings (s16B(1)–(3)).\n- Preserves limited protection for businesses’ technical secrets by providing that the Act does not compel disclosure of a secret process of manufacture (s14).\n- Enables the Governor to make regulations to implement the Act, including prescribing forms, procedure, expenses to commissioners, and modest penalties for breaches of regulations (s23(1)–(2)).\n\nStated purpose and how the mechanics serve it\n\n- The statutory heading states the Act exists “to make further and better provision for facilitating inquiries by royal commissions.” The mechanics that serve this purpose include broad compulsion and inspection powers (s10, s11), flexible procedure (s7), and enforcement routes through warrants and police assistance (s11(2)–(3), s11A).\n\nWho pays, who decides, and immediate effects on behaviour\n\n- Who decides: the Governor establishes commissions and appoints commissioners and may give directions about how commissioners sit (s4). The chairman manages administration and may issue warrants, control attendance and impose penalties under the Act (s11, Schedules 1–2). A magistrate can issue summonses or warrants on application and affidavit (s11A(1)–(2)). The police, sheriff and gaolers are required to execute warrants (s11(2)).\n- Who pays: witnesses are to be allowed expenses equivalent to attendance on a Supreme Court subpoena; disputes about amounts are referred to the Master of the Supreme Court (s11(5)). Regulations may prescribe expenses payable to commissioners (s23(2)(c)). Penalties imposed under the Act are payable by the penalised individual (s11(1); s16A(3)).\n- Behaviour changes expected: persons and organisations subject to a summons must attend and produce documents or risk fines or imprisonment (s10(b)–(d); s11). Persons may be brought before the commission under warrant if they fail to attend (s11(3); s11A(1)(b)). The commission’s ability to accept expert reports and to depart from court evidence rules (s7) changes how evidence is gathered and assessed. Orders prohibiting publication (s16A) can restrain dissemination of inquiry material.\n\nCompliance burden, discretion, and implementation mechanics\n\n- Compliance burden on private parties: production and copying of records, attendance at hearings, potential temporary retention of documents by the commission (s10(d)), and the risk of monetary penalties or imprisonment for non‑compliance (s11(1)–(3)). Businesses may need to allocate staff time and records to respond to summonses. There is an explicit carve‑out for secret manufacturing processes (s14), but otherwise the Act permits inspection and retention of business records (s10(c)–(d)).\n- Bureaucratic discretion: the commission has wide procedural discretion (s7), broad discretion over publication of evidence (s5; s16A), and the chairman may use summary enforcement powers (s11). The Governor may direct aspects of how commissioners sit (s4(2)). Regulations may further shape practice (s23). These provisions concentrate decision‑making power in the Governor, the chairman and the commission itself.\n- Enforcement mechanics and oversight limits: enforcement uses executive instruments—warrants, police attendance and detention (s11(2)–(3); Schedules). The Act contains an express bar to judicial review of commission acts and proceedings (s9), and grants commissioners judicial‑style immunities (s16B). At the same time, witness statements to the commission are protected from admission in other proceedings (s16).\n\nTrade‑offs, incentives and likely distribution of effects\n\n- Concentrated costs and benefits: the commission (and commissioning authority) gains investigatory power and procedural flexibility (s7, s10), a concentrated institutional benefit. Individuals and entities called to give evidence bear the immediate compliance costs: time, document production, potential temporary loss of custody of records, and the risk of penalty for non‑compliance (s10(d); s11(1), s11(3)).\n- Incentives for cooperation and disclosure: the threat of fines, imprisonment and warrants creates strong incentives to comply with summonses and produce documents (s11(1)–(3); s11A(1)(b)). The protection that statements are not admissible elsewhere (s16) may incentivise candid testimony, subject to the Act’s exception for prosecutions under the Act.\n- Effects on speech and reputation: the commission may publish material it obtains (s5), but it may also order suppression of publication or identification of witnesses where it considers it desirable (s16A(1)(b)–(c)). Both powers affect the risk of reputational consequences for persons and businesses named in inquiries.\n- Limits on legal avenues and oversight: the Act denies judicial review of commissions’ acts (s9) and confers immunities on commissioners (s16B), which reduces remedies available through courts for challenging commission procedure or action.\n\nKey statutory protections and limits\n\n- Witness protection from use of their answers in other proceedings (s16).\n- Non‑compulsion to disclose secret manufacturing processes (s14).\n- Ability to place suppression or non‑publication orders where the commission considers it desirable (s16A).\n- Power for a magistrate to add judicial formality to summons/warrant steps where the commission applies with affidavit (s11A(1)–(2)).\n\nPractical implementation risks\n\n- The Act vests substantial discretion in the commission and in the Governor and limits judicial review (s7, s4, s9). That structure raises implementation risk in the sense that outcomes depend largely on how commissioners exercise their statutory powers and how regulations are framed and applied (s23).\n\nPrimary sections cited: s3 (definitions), s4 (constitution), s5 (publication), s6 (public/private evidence), s7 (procedure), s8 (sittings), s9 (non‑reviewability), s10 (powers), s11 (witness powers, penalties), s11A (magistrate warrants), s11(5) (witness expenses), s13 (representation), s14 (secret process), s16 (use of statements), s16A (orders re evidence/publication), s16B (protections and immunities), s23 (regulations), Schedules 1–2 (warrant forms)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: facilitating government inquiries by royal commissions. While amendments have modernised aspects (adding computer records in 1991, allowing magistrates to issue summonses in 1991, deleting obsolete provisions in 1992 and 2003), the core scope has not expanded beyond establishing and regulating commissions of inquiry. The 1992 amendments actually reduced scope by deleting sections 15-22 which dealt with evidence admissibility and related matters."},"complexity_factors":["Straightforward structure with 24 sections (though several deleted over time)","Only 5 defined terms in the interpretation section (chairman, secretary, commission, commissioner, record)","Minimal cross-referencing — mostly internal references to other sections of the same Act","Some conditional logic in witness penalty provisions (section 11) with multiple sub-offences and cascading consequences (fine OR imprisonment, with default imprisonment for non-payment)","Two schedules with template warrant forms using archaic legal language ('gaol', 'prevaricates', 'year of our Lord')","Legislative history shows significant pruning — sections 15-22 and 25-27 deleted, suggesting the Act has been streamlined over time rather than grown more complex","No nested exceptions or highly technical provisos — most provisions are direct grants of power or straightforward prohibitions"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's **Royal Commissions Act 1917**. It sets up the legal framework for **Royal Commissions** — special government inquiries set up by the Governor to investigate matters of public importance.\n\n**Key things the Act covers:**\n\n*   **Setting up commissions:** The Governor can appoint one or more commissioners to run an inquiry. If there are multiple commissioners, they usually sit together, but can work separately on different parts if authorised.\n*   **Powers to investigate:** Commissions have broad powers to —\n    *   Enter and inspect buildings, land, or vessels\n    *   Summon witnesses to give evidence\n    *   Require people to produce documents and records (including computer files)\n    *   Take evidence in public or private\n    *   Ignore normal court rules about evidence and procedure (they can run things their own way)\n*   **Dealing with uncooperative witnesses:** If someone ignores a summons, refuses to answer questions, misbehaves, or insults the commission, the chairman can —\n    *   Fine them up to $1,000\n    *   Send them to prison for up to 3 months\n    *   Issue arrest warrants to bring them in\n*   **Protection for witnesses:**\n    *   Witnesses generally can't be prosecuted based on what they say to the commission (except if they lie about the commission itself)\n    *   They don't have to reveal trade secrets about manufacturing processes\n    *   They get the same legal protections as witnesses in the Supreme Court\n*   **Controlling information:** The commission can ban publication of certain evidence or witness names if it's in the public interest or to prevent unfair harm to someone.\n*   **Immunity from court interference:** Courts can't stop or review what the commission does — it's effectively above judicial oversight while operating.\n\n**Who it affects:**\n\n*   **Commissioners** — the people running the inquiry\n*   **Witnesses** — anyone called to give evidence\n*   **The general public** — who may be excluded from hearings or restricted from reading certain evidence\n\n**Why it matters:**\n\nRoyal Commissions are powerful tools for uncovering truth about scandals, disasters, or systemic failures. This Act gives them teeth — the ability to compel testimony, punish obstruction, and operate with flexibility. But it also builds in protections so people can't easily dodge accountability, while shielding witnesses from some legal risks of speaking up."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The URL provided returned a 'Page Not Found' error, meaning no content was available for analysis."},"complexity_factors":["No actual legislative text was provided — only a website error page was returned","Cannot assess provisions, definitions, cross-references, or operative clauses","Complexity score of 1 reflects inability to analyse content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Royal Commissions Act 1917 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website update in March 2026 that broke older URLs.\n\n**What we do know from the title:**\n- This is a **South Australian law** (not a federal one)\n- It dates from **1917**, making it over 100 years old\n- It likely governs how **Royal Commissions** (formal government-appointed public inquiries with special investigative powers) are established and conducted in South Australia\n- It would typically cover things like: who can be summoned to give evidence, what powers investigators have, witness protections, and penalties for non-cooperation\n\n**Who it typically affects:** Government officials, witnesses called before inquiries, journalists, and members of the public involved in matters under investigation.\n\n> 🔍 **To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for 'Royal Commissions Act 1917'."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/royal-commissions-act-1917","history":"/api/acts/royal-commissions-act-1917/history","analysis":"/api/acts/royal-commissions-act-1917/analysis","conflicts":"/api/acts/royal-commissions-act-1917/conflicts","importantCases":"/api/acts/royal-commissions-act-1917/important-cases","documents":"/api/acts/royal-commissions-act-1917/documents"}}