{"id":"nsw:act-1923-029","name":"Royal Commissions Act 1923","slug":"royal-commissions-act-1923","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"29 of 1923","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111898,"registerId":"nsw-act-1923-029-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":null,"content":"#### 2\n\n2, 3 (Repealed)","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> In this Act, unless a contrary intention appears:\n> \n> Commission and Royal Commission means any commission of inquiry issued by the Governor by letters patent under the Public Seal, and includes a sole commissioner or a member or members of the commission sitting for the purposes of the inquiry.\n> \n> Document includes any book, register or other record of information, however compiled, recorded or stored.\n> \n> Reasonable excuse in relation to any act or omission by a witness or a person summoned as a witness before a commission means an excuse which would excuse an act or omission of a similar nature by a witness or a person summoned as a witness before a court of law.\n> \n> **s 4:** Am 1985 No 73, Sch 1 (1); 1987 No 151, Sch 1 (2); 2013 No 11, Sch 1 \\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Commissions","content":"# Part 2 Commissions\n\nPart 2 Commissions","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Commissions generally","content":"## Division 1 Commissions generally\n\nDivision 1 Commissions generally","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Commissioners","content":"#### 5 Commissioners\n\n5 Commissioners\n\n> > (1) Whenever the Governor by letters patent under the Public Seal issues a Royal Commission to any person to make any inquiry, the provisions of this Act shall apply to and with respect to the inquiry.\n> \n> > (2) In this Division chairperson means the chairperson of a commission, and includes (except in section 5A):\n> > \n> > > (a) a deputy chairperson of a commission appointed by the letters patent or chosen by the other commissioners in accordance with the letters patent to act in the absence of the chairperson, and\n> > \n> > > (b) a member of a commission acting in accordance with an authorisation under section 5A (3).\n> \n> > (3) In this Division commissioner includes any person to whom a commission is issued, whether as chairperson or as a member other than the chairperson, or as sole commissioner.\n> \n> **s 5:** Am 1987 No 151, Sch 1 (3); 2013 No 11, Sch 1 \\[2\\].","sortOrder":7},{"sectionNumber":"5A","sectionType":"section","heading":"Commissioners authorised to sit for purposes of any part of inquiry","content":"#### 5A Commissioners authorised to sit for purposes of any part of inquiry\n\n5A Commissioners authorised to sit for purposes of any part of inquiry\n\n> > (1) A commissioner may sit for the purposes of any part of an inquiry if:\n> > \n> > > (a) the commissioner is a sole commissioner, or\n> > \n> > > (b) all the members, or a quorum of the members, of the commission are sitting for the purposes of that part of the inquiry, or\n> > \n> > > (c) the commissioner is the chairperson of the commission, or\n> > \n> > > (d) the commissioner is a member of the commission authorised by the chairperson to sit for the purposes of that part of the inquiry.\n> \n> > (2) More than one member may be authorised under subsection (1) (d) by the chairperson to sit for the purposes of a part of the inquiry, in which case the member designated by the chairperson is to preside.\n> \n> > (3) A member authorised under subsection (1) (d) or, if there is more than one member so authorised, the designated presiding member is authorised to exercise the powers of the chairperson of the commission under the other sections of this Division (unless the authorisation under subsection (1) (d) provides otherwise).\n> \n> > (4) If a member is authorised under subsection (1) (d), commissioners may sit concurrently for the purposes of an inquiry.\n> \n> **s 5A:** Ins 2013 No 11, Sch 1 \\[3\\].","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Protection of commissioners","content":"#### 6 Protection of commissioners\n\n6 Protection of commissioners\n\n> Every commissioner shall in the exercise of the commissioner’s duty as a commissioner have the same protection and immunity as a judge of the Supreme Court.\n> \n> **s 6:** Am 1994 No 32, Sch 3.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Right of appearance","content":"#### 7 Right of appearance\n\n7 Right of appearance\n\n> > (1) Any counsel or solicitor appointed by the Crown to assist the commission may appear at the inquiry.\n> \n> > (2) Where it is shown to the satisfaction of the chairperson, or of the sole commissioner, as the case may be, that any person is substantially and directly interested in any subject-matter of the inquiry, or that the person’s conduct in relation to any such matter has been challenged to the person’s detriment, the chairperson or sole commissioner may authorise such person to appear at the inquiry, and may allow the person to be represented by counsel or solicitor.\n> \n> > (3) Any counsel or solicitor so appointed and any person so authorised or the person’s counsel or solicitor may with the leave of the chairperson or of the sole commissioner, as the case may be, examine or cross-examine any witness on any matter which the commissioner deems relevant to the inquiry, and any witness so examined or cross-examined shall have the same protection and be subject to the same liabilities as if examined by the commissioner.\n> \n> **s 7:** Am 1994 No 32, Sch 3.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Witnesses","content":"#### 8 Witnesses\n\n8 Witnesses\n\n> The chairperson or the sole commissioner, as the case may be, may by notice in writing summon any person to attend the commission at a time and place named in the summons, and then and there to give evidence and to produce any documents or other things in the person’s custody or control which the person is required by the summons to produce.\n> \n> **s 8:** Am 1985 No 73, Sch 1 (2); 1994 No 32, Sch 3.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Oath or affirmation","content":"#### 9 Oath or affirmation\n\n9 Oath or affirmation\n\n> > (1) Any of the commissioners may administer an oath to any person appearing as a witness before the commission, whether the witness has been summoned or appears without being summoned, and may examine the witness upon oath.\n> \n> > (2) Where any witness to be examined before the commission conscientiously objects to take an oath the witness may make an affirmation that the witness conscientiously objects to take an oath, and that the witness will state the truth, the whole truth and nothing but the truth, to all questions that may be put to the witness.\n> \n> > (3) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities as an oath.\n> \n> **s 9:** Am 1994 No 32, Sch 3.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Continued attendance","content":"#### 10 Continued attendance\n\n10 Continued attendance\n\n> Every witness who has been summoned to attend the commission shall appear and report from day to day unless the witness is excused from attendance or until the witness is released from further attendance by the chairperson or by the sole commissioner, as the case may be.\n> \n> **s 10:** Am 1994 No 32, Sch 3.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Answers and documents","content":"#### 11 Answers and documents\n\n11 Answers and documents\n\n> > (1) A witness summoned to attend or appearing before the commission shall not be entitled, except as otherwise provided in this section and section 127 (Religious confessions) of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), to refuse:\n> > \n> > > (a) to be sworn or to make an affirmation,\n> > \n> > > (b) to answer any question relevant to the inquiry put to the witness by any of the commissioners,\n> > \n> > > (c) to produce any document or other thing in the witness’s custody or control which the witness is required by the summons to produce.\n> \n> > (2) Nothing in this section shall make it compulsory for any witness:\n> > \n> > > (a) to answer any question or produce any document or other thing if the witness has a reasonable excuse for refusing,\n> > \n> > > (b) to disclose any secret process of manufacture.\n> \n> > (3) A witness summoned to attend or appearing before the commission shall have the same protection, and shall in addition to the penalties provided by this Act be subject to the same liabilities in any civil or criminal proceeding as a witness in any case tried in the Supreme Court.\n> \n> > (4) If a commission obtains for the purposes of the inquiry any document or other thing or any information that is provided voluntarily by a person, subsection (3) applies to the person as if the person were a witness appearing before the commission.\n> \n> **s 11:** Am 1985 No 73, Sch 1 (3); 1994 No 32, Sch 3; 1995 No 27, Sch 1; 2013 No 11, Sch 1 \\[4\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Inspection and copies of documents","content":"#### 12 Inspection and copies of documents\n\n12 Inspection and copies of documents\n\n> > (1) The commission may inspect any documents or other things produced before it, and may retain them for such reasonable period as it thinks fit, and, in the case of documents produced before it, may make copies of such matter as is relevant to the inquiry or take extracts from them.\n> \n> > (2) The commission may employ such assistance as it deems proper for the carrying out of any inquiry or investigation, and may by writing authorise any person so employed to inspect and report to it upon any documents or other things, or (without affecting the generality of the foregoing) any accounts, it considers relevant to the subject matter of the inquiry.\n> \n> > (3) When the retention of a document or other thing ceases to be reasonably necessary for the purposes of the inquiry to which it relates, the commission is required, if a person who appears to the commission to be entitled to the document or other thing so requests, to cause it to be delivered to that person.\n> \n> > (4) The requirement under subsection (3) does not apply if the commission has furnished the document or other thing or proposes to furnish it to a person or body referred to in section 12A or the commission deals with it or proposes to deal with it otherwise according to law.\n> \n> **s 12:** Am 1934 No 8, sec 2 (a); 1985 No 73, Sch 1 (4); 1991 No 58, Sch 1 (1).","sortOrder":15},{"sectionNumber":"12A","sectionType":"section","heading":"Communication of information etc","content":"#### 12A Communication of information etc\n\n12A Communication of information etc\n\n> > (1) A commission may communicate any information or furnish any material (including evidence) that it obtains in the course of the inquiry conducted by it to a Commission of Inquiry, if the information or material relates or may relate to matters within the terms of reference of the Commission of Inquiry.\n> \n> > (2) A commission may communicate any information or furnish any material (including evidence) that it obtains in the course of the inquiry conducted by it to a law enforcement agency, if the information or material relates or may relate to a breach of a law of the State, of another State or Territory or of the Commonwealth.\n> \n> > (3) In this section:\n> > \n> > Commission of Inquiry means a person or body holding a commission to inquire into and report on any matters and having:\n> > \n> > > (a) powers under this Act, or\n> > \n> > > (b) powers under another law of the State or under a law of another State or Territory or of the Commonwealth, being in either case a law that has the same or a similar purpose or effect as this Act (such as the [Royal Commissions Act 1902](http://www.legislation.gov.au/) of the Commonwealth).\n> > \n> > law enforcement agency means a person or body with responsibilities for the enforcement of laws of the State, of another State or Territory or of the Commonwealth, including but not limited to any of the following:\n> > \n> > > (a) the Attorney General of New South Wales, of another State or Territory or of the Commonwealth,\n> > \n> > > (b) the Director of Public Prosecutions of New South Wales, of another State or Territory or of the Commonwealth,\n> > \n> > > (c) the Commissioner of Police of New South Wales or the holder of a similar position in another State or Territory,\n> > \n> > > (d) the Commissioner of Police in the Australian Federal Police,\n> > \n> > > (e) the New South Wales Crime Commission,\n> > \n> > > (f) the Independent Commission Against Corruption,\n> > \n> > > (g) the Australian Crime Commission,\n> > \n> > > (h) the Trade Practices Commission,\n> > \n> > > (i) the Australian Securities Commission,\n> > \n> > > (j) a task force set up to investigate any matters relating to breaches of law and arising out of the inquiry conducted by the commission.\n> \n> > (4) The reference in this section to a task force is limited to a State task force or a joint task force. A State task force is one set up by the State or an authority of the State. A joint task force is one set up jointly by the State or an authority of the State and by one or more other Australian jurisdictions or their authorities. An Australian jurisdiction is a State or Territory or the Commonwealth. Subject to the above provisions of this subsection, the expression “task force” includes a body of persons that is similar to a task force, however it is described.\n> \n> > (5) Nothing in this section derogates from or affects any powers a commission has apart from this section, and it is not to be construed as limiting in any way any such power by implication or otherwise.\n> \n> **s 12A:** Ins 1991 No 58, Sch 1 (2). Am 2003 No 13, Sch 1.30.","sortOrder":16},{"sectionNumber":"12B","sectionType":"section","heading":"Direction as to non-publication or that part of inquiry to be held in private","content":"#### 12B Direction as to non-publication or that part of inquiry to be held in private\n\n12B Direction as to non-publication or that part of inquiry to be held in private\n\n> > (1) A commissioner may give directions preventing or restricting the publication of evidence or information given, or of matters in documents produced, to or before the commission.\n> \n> > (2) A commissioner may direct that any part of an inquiry is to take place in private.\n> \n> > (3) If a commissioner directs that any part of an inquiry is to take place in private, the commissioner may give directions as to the persons who may be present at that part of the inquiry.\n> \n> > (4) In this section, commissioner means the chairperson or sole commissioner, as the case may be.\n> \n> **s 12B:** Ins 2013 No 65, Sch 1 \\[1\\].","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Allowance to witnesses","content":"#### 13 Allowance to witnesses\n\n13 Allowance to witnesses\n\n> > (1) The Governor may make regulations prescribing a scale of allowances to be paid to any witness summoned under this Act for the witness’s travelling expenses and maintenance while absent from the witness’s usual place of abode.\n> \n> > (2) The claim to allowance of any such witness certified by the chairperson or by the sole commissioner, as the case may be, shall be paid by the Colonial Treasurer out of moneys to be provided by Parliament for the purposes of the commission.\n> \n> **s 13:** Am 1994 No 32, Sch 3.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Application of provisions of Act","content":"#### 14 Application of provisions of Act\n\n14 Application of provisions of Act\n\n> If in the letters patent by which a commission is issued the Governor declares that all or any specified sections of this Act shall not be applicable for the purposes of the inquiry referred to in the letters patent the sections or the specified sections, as the case may be, shall not apply to or with respect to the inquiry.","sortOrder":19},{"sectionNumber":"14A","sectionType":"section","heading":null,"content":"#### 14A\n\n14A (Repealed)","sortOrder":20},{"sectionNumber":"14B","sectionType":"section","heading":"Release of reports when Parliament not sitting","content":"#### 14B Release of reports when Parliament not sitting\n\n14B Release of reports when Parliament not sitting\n\n> > (1) If neither House of Parliament is sitting, the Minister may present to the Clerks of both Houses a report made by a commission.\n> \n> > (2) When the report has been presented to and received by the Clerks:\n> > \n> > > (a) the report is for all purposes to be taken to have been laid before each House and to be a document published by order or under the authority of each House, and\n> > \n> > > (b) without limiting paragraph (a), the report attracts the same privileges and immunities as if it had been laid before each House and published by order or under the authority of each House, and\n> > \n> > > (c) the report may be printed by the authority of either or both of the Clerks.\n> \n> > (3) Material may be omitted from such a report before its presentation to the Clerks of both Houses, on the recommendation of the commission or otherwise.\n> \n> > (4) The report is required to be recorded in the Minutes of Proceedings or Votes and Proceedings of the House on the first sitting day after it was presented to and received by the Clerk of the House.\n> \n> > (5) This section does not have effect in relation to a report of a person or body to whom some or all of the provisions of this Act are applied by other legislation enacted before the commencement of this section, unless and until the other legislation expressly provides that this section applies to the person or body.\n> \n> **s 14B:** Ins 1990 No 58, Sch 1 (1).","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"Special powers","content":"## Division 2 Special powers\n\nDivision 2 Special powers\n\n**pt 2, div 2, hdg:** Subst 1987 No 151, Sch 1 (4); 1990 No 58, Sch 1 (2).","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Application of Division","content":"#### 15 Application of Division\n\n15 Application of Division\n\n> > (1) The provisions of this Division have effect if the chairperson of a commission or the sole commissioner is a qualified person, namely:\n> > \n> > > (a) a Judge of the Supreme Court of the State or of any other State or Territory, a Judge of the Federal Court of Australia or a Justice of the High Court of Australia, or\n> > \n> > > (b) a former Judge or Justice of any such court, or\n> > \n> > > (c) a person qualified to be appointed as a Judge or Justice of any such court (but only if in the letters patent by which the commission is issued, or in other letters patent under the Public Seal, the Governor declares that this Division has effect in relation to the commission).\n> \n> > (2) In this Division, commissioner means a chairperson or sole commissioner who is such a qualified person, and also includes a member of a commission who is such a qualified person and who has been authorised by the chairperson to exercise powers under this Division (but only if the chairperson is also such a qualified person).\n> \n> **s 15:** Am 1987 No 151, Sch 1 (5); 1990 No 58, Sch 1 (3); 1993 No 87, Sch 5. Subst 2013 No 11, Sch 1 \\[5\\].","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Warrant","content":"#### 16 Warrant\n\n16 Warrant\n\n> > (1) If any person served with a summons to attend a commission as a witness fails to attend the commission in answer to the summons, the commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the witness’s apprehension.\n> \n> > (2) The warrant shall authorise the apprehension of the witness and the witness’s being brought before the commission and the witness’s detention and custody for that purpose until the witness is released by order of the commissioner.\n> \n> > (3) The apprehension of any witness under this section shall not relieve the witness from any liability incurred by the witness by reason of the witness’s non-compliance with the summons.\n> \n> **s 16:** Am 1994 No 32, Sch 3.","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Answers and documents","content":"#### 17 Answers and documents\n\n17 Answers and documents\n\n> > (1) A witness summoned to attend or appearing before the commission shall not be excused from answering any question or producing any document or other thing on the ground that the answer or production may criminate or tend to criminate the witness, or on the ground of privilege, or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground.\n> \n> > (1A) Subsection (1) prevails over any inconsistent provision of any other Act or law (whether the inconsistent provision is made before or after the commencement of this subsection) unless the inconsistent provision specifically states that it is to have effect despite this section.\n> \n> > (2) An answer made, or document or other thing produced by a witness to or before the commission shall not, except as otherwise provided in this section, be admissible in evidence against that person in any civil or criminal proceedings.\n> \n> > (3) Nothing in this section shall be deemed to render inadmissible:\n> > \n> > > (a) any answer, document or other thing in proceedings for an offence against this Act,\n> > \n> > > (b) any answer, document or other thing in any civil or criminal proceedings if the witness was willing to give the answer or produce the document or other thing irrespective of the provisions of subsection (1),\n> > \n> > > (c) any book, document, or writing in civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing.\n> \n> > (4) This section shall not have effect unless in the letters patent by which the commission is issued, or in other letters patent under the Public Seal, the Governor declares that the section shall apply to and with respect to the inquiry.\n> \n> > (5) A declaration under section 15 that the provisions of this Division are to have effect is not sufficient to apply this section unless the declaration specifically states that this section shall apply to and with respect to the inquiry.\n> \n> **s 17:** Am 1985 No 73, Sch 1 (5); 1987 No 151, Sch 1 (6); 1990 No 58, Sch 1 (4); 1994 No 32, Sch 3; 2013 No 65, Sch 1 \\[2\\] \\[3\\].","sortOrder":26},{"sectionNumber":"18","sectionType":"section","heading":"Powers of commissioner","content":"#### 18 Powers of commissioner\n\n18 Powers of commissioner\n\n> > (1) For the purposes of the inquiry the commissioner shall have all such powers, rights, and privileges as are vested in the Supreme Court or in any judge thereof in or in relation to any action or trial, in respect of the following matters:\n> > \n> > > (a) compelling the attendance of witnesses,\n> > \n> > > (b) compelling witnesses to answer questions which the commissioner deems to be relevant to the inquiry,\n> > \n> > > (c) compelling the production of documents and other things.\n> > \n> > > (d) (Repealed)\n> \n> > (2) Nothing in this or any other section of this Division shall limit the powers, rights, and privileges of the commissioner under any other provision of this Act.\n> \n> **s 18:** Am 1985 No 73, Sch 1 (6); 1990 No 58, Sch 1 (5).","sortOrder":27},{"sectionNumber":"18A","sectionType":"section","heading":"Contempt","content":"#### 18A Contempt\n\n18A Contempt\n\n> > (1) A person is guilty of contempt of a commission if the person does or omits to do anything which would, if the commission were the Supreme Court, be contempt of that Court or if the person disobeys any order or summons made or issued by the commissioner.\n> \n> > (2) For the purposes of this Division, offender means a person guilty or alleged to be guilty of contempt of a commission.\n> \n> **ss 18A–18D:** Ins 1990 No 58, Sch 1 (6).","sortOrder":28},{"sectionNumber":"18B","sectionType":"section","heading":"Punishment of contempt","content":"#### 18B Punishment of contempt\n\n18B Punishment of contempt\n\n> > (1) A contempt of a commission may be punished in accordance with this section.\n> \n> > (2) The commissioner may present to the Supreme Court a certificate setting out the details which the commissioner considers constitute the contempt.\n> \n> > (3) If the commissioner presents such a certificate to the Supreme Court:\n> > \n> > > (a) the Supreme Court shall thereupon inquire into the alleged contempt, and\n> > \n> > > (b) after hearing any witnesses who may be produced against or on behalf of the person charged with the contempt, and after hearing any statement that may be offered in defence, the Supreme Court (if satisfied that the person is guilty of the contempt) may punish or take steps for the punishment of the person in like manner and to the like extent as if the person had committed that contempt in or in relation to proceedings in the Supreme Court, and\n> > \n> > > (c) the provisions of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) and the rules of court of the Supreme Court shall, with any necessary adaptations, apply and extend accordingly.\n> \n> > (4) Such a certificate is prima facie evidence of the matters certified.\n> \n> > (5) Neither liability to be punished nor punishment under this section for contempt consisting of failure to attend before the commission as a witness in obedience to a summons excuses the offender from such attendance, and the commissioner may enforce attendance by warrant under section 16 or by exercise of any other available power.\n> \n> > (6) A contempt of a commission may not be punished by a commissioner under section 18.\n> \n> **ss 18A–18D:** Ins 1990 No 58, Sch 1 (6).","sortOrder":29},{"sectionNumber":"18C","sectionType":"section","heading":"General provisions regarding contempt","content":"#### 18C General provisions regarding contempt\n\n18C General provisions regarding contempt\n\n> > (1) In the case of any alleged contempt of a commission, the commissioner may summon the offender to appear before the commission at a time and place named in the summons to show cause why the offender should not be dealt with under section 18B for the contempt.\n> \n> > (2) If the offender fails to attend before the commission in obedience to the summons, and no reasonable explanation to the satisfaction of the commissioner is offered for the failure, the commissioner may, on proof of the service of the summons, issue a warrant to arrest the offender and bring the offender before the commissioner to show cause why the offender should not be dealt with under section 18B for the contempt.\n> \n> > (3) If a contempt of the commission is committed in the face or hearing of the commission, no summons need be issued against the offender, but the offender may be taken into custody then and there by a police officer and called upon to show cause why the offender should not be dealt with under section 18B for the contempt.\n> \n> > (4) The commissioner may issue a warrant to arrest the offender while the offender (whether or not already in custody under this section) is before the commission and to bring the offender forthwith before the Supreme Court.\n> \n> > (5) The warrant is sufficient authority to detain the offender in a prison or elsewhere, pending the offender’s being brought before the Supreme Court.\n> \n> > (6) The warrant is to be accompanied by the certificate in which the commissioner sets out the details of the alleged contempt.\n> \n> > (7) The commissioner may revoke the warrant at any time before the offender is brought before the Supreme Court.\n> \n> > (8) When the offender is brought before the Supreme Court, the Court may, pending determination of the matter, direct that the offender be kept in such custody as the Court may determine or direct that the offender be released.\n> \n> **ss 18A–18D:** Ins 1990 No 58, Sch 1 (6).","sortOrder":30},{"sectionNumber":"18D","sectionType":"section","heading":"Act or omission that is both an offence and contempt","content":"#### 18D Act or omission that is both an offence and contempt\n\n18D Act or omission that is both an offence and contempt\n\n> > (1) An act or omission may be punished as a contempt of a commission even though it could be punished as an offence.\n> \n> > (2) An act or omission may be punished as an offence even though it could be punished as a contempt of a commission.\n> \n> > (3) If an act or omission constitutes both an offence and a contempt of a commission, the offender is not liable to be punished twice.\n> \n> **ss 18A–18D:** Ins 1990 No 58, Sch 1 (6).","sortOrder":31},{"sectionNumber":"Part 3","sectionType":"part","heading":"Offences","content":"# Part 3 Offences\n\nPart 3 Offences","sortOrder":32},{"sectionNumber":"19","sectionType":"section","heading":"Failure to attend or produce documents or other things","content":"#### 19 Failure to attend or produce documents or other things\n\n19 Failure to attend or produce documents or other things\n\n> > (1) If any person served with a summons to attend a commission, whether the summons is served personally or by being left at the person’s usual place of abode, fails without reasonable excuse to attend the commission or to produce any documents or other things in the person’s custody or control which the person was required by the summons to produce, the person shall be guilty of an offence, and shall be liable to a penalty not exceeding 4 penalty units.\n> \n> > (2) It shall be a defence to a prosecution under this section for failing without reasonable excuse to produce any documents or other things if the defendant proves that the documents or other things were not relevant to the inquiry.\n> \n> **s 19:** Am 1985 No 73, Sch 1 (7); 1993 No 47, Sch 1; 1994 No 32, Sch 3.","sortOrder":33},{"sectionNumber":"20","sectionType":"section","heading":"Refusal to be sworn or to give evidence","content":"#### 20 Refusal to be sworn or to give evidence\n\n20 Refusal to be sworn or to give evidence\n\n> If any person appearing as a witness before the commission refuses to be sworn or to make an affirmation or to answer any question relevant to the inquiry put to the person by any of the commissioners, the person shall be guilty of an offence, and shall be liable to a penalty not exceeding 4 penalty units.\n> \n> **s 20:** Am 1993 No 47, Sch 1; 1994 No 32, Sch 3.","sortOrder":34},{"sectionNumber":"21","sectionType":"section","heading":"False and misleading testimony","content":"#### 21 False and misleading testimony\n\n21 False and misleading testimony\n\n> > (1) Any witness before a commission who gives testimony that is false or misleading in a material particular knowing it to be false or misleading, or not believing it to be true, is guilty of an indictable offence.\n> > \n> > Maximum penalty: Imprisonment for 5 years.\n> \n> > (2) Sections 331 and 332 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) apply to proceedings for an offence against this section in the same way as they apply to proceedings for an offence under section 330 of that Act.\n> \n> **s 21:** Subst 2006 No 120, Sch 1.26.","sortOrder":35},{"sectionNumber":"22","sectionType":"section","heading":"Subornation","content":"#### 22 Subornation\n\n22 Subornation\n\n> Any person who procures or causes or attempts or conspires to procure or cause the giving of false testimony before a commission shall be guilty of an indictable offence, and shall be liable to be imprisoned for a period not exceeding five years.","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"Destroying documents or other things","content":"#### 23 Destroying documents or other things\n\n23 Destroying documents or other things\n\n> Any person who, knowing that any document or other thing is or may be required in evidence before a commission, wilfully destroys it or renders it incapable of identification or, in the case of a document, renders it illegible or undecipherable, with intent thereby to prevent it from being used in evidence, shall be guilty of an indictable offence, and shall be liable to be imprisoned for a period not exceeding two years.\n> \n> **s 23:** Am 1985 No 73, Sch 1 (8).","sortOrder":37},{"sectionNumber":"23A","sectionType":"section","heading":"Delaying and obstructing commission","content":"#### 23A Delaying and obstructing commission\n\n23A Delaying and obstructing commission\n\n> > (1) Any person who, with intent to delay or obstruct the carrying out by a commission appointed under this Act of any inquiry, destroys or alters any document or other thing relating to the subject matter of the inquiry, or sends or attempts to send, or conspires with any other person to send out of New South Wales any such document or other thing, or any property of any description belonging to or in the disposition of or under the control of any person or company whose affairs are the subject matter of the inquiry, shall be guilty of an indictable offence, and shall be liable to be imprisoned for a period not exceeding five years.\n> \n> > (2) If in any prosecution for an offence against this section it is proved that the person charged with the offence has destroyed or altered any document or other thing, or has sent or attempted to send, or conspired to send out of New South Wales any such document or other thing, the onus of proving that in so doing the person had not acted in contravention of this section shall be upon the person.\n> \n> **s 23A:** Ins 1934 No 8, sec 2 (b). Am 1985 No 73, Sch 1 (9); 1994 No 32, Sch 3.","sortOrder":38},{"sectionNumber":"23B","sectionType":"section","heading":"Contravention of direction as to non-publication or that part of inquiry to be held in private","content":"#### 23B Contravention of direction as to non-publication or that part of inquiry to be held in private\n\n23B Contravention of direction as to non-publication or that part of inquiry to be held in private\n\n> A person who contravenes a direction given under section 12B commits an offence.\n> \n> Maximum penalty: 10 penalty units.\n> \n> **s 23B:** Ins 2013 No 65, Sch 1 \\[4\\].\n> \n> **Sch:** Rep 1987 No 151, Sch 1 (7).","sortOrder":39},{"sectionNumber":"24","sectionType":"section","heading":"Costs","content":"#### 24 Costs\n\n24 Costs\n\n> In any proceedings for an offence against this Act, other than proceedings for the commitment for trial of a person charged with an indictable offence, the court may award costs against any party.","sortOrder":40},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n**sch 1:** Ins 2013 No 11, Sch 1 \\[6\\]. Am 2013 No 65, Sch 1 \\[5\\].","sortOrder":41},{"sectionNumber":"3","sectionType":"section","heading":"Royal Commissions and Ombudsman Legislation Amendment Act 2013","content":"#### 3 Royal Commissions and Ombudsman Legislation Amendment Act 2013\n\n3 [Royal Commissions and Ombudsman Legislation Amendment Act 2013](/view/html/repealed/current/act-2013-065)\n\n> > (1) The amendments made by the [Royal Commissions and Ombudsman Legislation Amendment Act 2013](/view/html/repealed/current/act-2013-065) to this Act extend to the Child Sexual Abuse Royal Commission.\n> \n> > (2) The declaration of the Governor in the Letters Patent of 25 January 2013 that section 17 of this Act applies to the Child Sexual Abuse Royal Commission is taken to be a declaration that amended section 17 applies to that Commission.\n> \n> > (3) Any person who, prior to the commencement of amended section 17, answered any questions or produced any document or other thing to the Child Sexual Abuse Royal Commission is taken to have been compelled to do so in accordance with amended section 17.\n> \n> > (4) Any preconditions to answering the questions or producing the document (or any information contained in the document) or other thing are taken to have been complied with.\n> \n> > (5) In this clause:\n> > \n> > amended section 17 means section 17 of this Act, as amended by the [Royal Commissions and Ombudsman Legislation Amendment Act 2013](/view/html/repealed/current/act-2013-065).\n> > \n> > Child Sexual Abuse Royal Commission has the same meaning as in clause 2.","sortOrder":44}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1923 Act was a relatively simple procedural framework for commissions of inquiry. Over time, particularly through amendments in 1985, 1987, 1990, 1991, 2013, and 2015, the legislation has expanded significantly beyond its original scope. Key expansions include: (1) the addition of Division 2 'Special powers' in 1987/1990 creating coercive powers that override legal privilege; (2) detailed contempt procedures (sections 18A-18D) added in 1990; (3) information sharing provisions with law enforcement and other jurisdictions (section 12A, 1991); (4) powers for concurrent hearings and authorised commissioners (section 5A, 2013); (5) privacy and non-publication directions (section 12B and 23B, 2013); and (6) extensive transitional provisions tied to specific historical inquiries (Schedule 1). The Act has transformed from a basic witness summons and evidence procedure into a comprehensive regulatory regime with criminal enforcement, cross-jurisdictional coordination, and complex conditional powers."},"complexity_factors":["Multiple overlapping divisions with different rules applying depending on whether the commissioner is a 'qualified person' (current/former judge) — see Division 2 conditional application in section 15","Nested exceptions and protections: section 17(1) removes all privileges and excuses for witnesses, but section 17(2) provides use immunity, then section 17(3) carves out three specific exceptions to that immunity","Cross-references to external legislation including Evidence Act 1995, Crimes Act 1900, and Supreme Court Act 1970","Conditional activation of provisions: sections 14, 15(1)(c), and 17(4)-(5) require specific declarations in Letters Patent for certain powers to apply","Dual pathways for punishment: contempt can be dealt with via Supreme Court (section 18B) or as offences under Part 3, with section 18D preventing double punishment","Savings and transitional provisions in Schedule 1 with retrospective operation clauses and specific references to the Child Sexual Abuse Royal Commission","Definition of 'reasonable excuse' in section 4 relies on external comparison to court witness standards rather than being self-defined"],"plain_english_summary":"This law sets up the rules for **Royal Commissions** in New South Wales — these are high-level public inquiries set up by the Governor to investigate serious matters of public concern.\n\n**What it does:**\n- **Creates the legal framework** for how Royal Commissions operate, including who can run them, how they gather evidence, and what powers they have.\n- **Gives commissioners strong powers** similar to judges in the Supreme Court — they can summon witnesses, force people to produce documents, and require people to answer questions under oath.\n- **Protects witnesses** by giving them the same legal protections as witnesses in court, while also requiring them to cooperate.\n- **Sets up special 'coercive powers'** (only available when the commissioner is a current or former judge) that override normal legal privileges — witnesses cannot refuse to answer questions even if the answer might incriminate them, though their answers generally can't be used against them later in court.\n- **Creates offences** for people who interfere with commissions — including failing to attend, refusing to give evidence, lying under oath, destroying documents, or obstructing the inquiry.\n- **Allows information sharing** between Royal Commissions and other bodies like police, anti-corruption agencies, and other inquiries.\n- **Lets commissions hold private hearings** and restrict publication of sensitive evidence.\n\n**Who it affects:**\n- Anyone summoned to give evidence before a Royal Commission\n- People or organisations whose conduct is being investigated\n- Government agencies and law enforcement who may receive information from commissions\n\n**Why it matters:**\nRoyal Commissions are among the most powerful investigative tools in Australian law. This Act ensures they can get to the truth while balancing fairness to witnesses and the public interest. The special powers in Division 2 (requiring answers even when self-incriminating) are particularly significant because they override normal legal rights — but only when specifically authorised and only for qualified judicial commissioners."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have retained its original purpose of providing the legal framework for NSW Royal Commissions. The amendments have been largely procedural or modernising in nature (e.g., gender-neutral language in 1994) rather than expanding or contracting the fundamental scope of the legislation."},"complexity_factors":["The Act dates from 1923, meaning it uses older legislative drafting conventions that can be harder to interpret","Royal Commission powers interact with constitutional law, the rights of witnesses, and other legislation — creating a web of legal relationships","The full text of the substantive provisions was not available in the provided material, limiting detailed analysis","Multiple amendment layers over decades (1994, 2003, 2006, 2013) may create interpretive challenges around which version applies at any given time","The scope of 'terms of reference' for any given Royal Commission is set separately by Letters Patent (a formal government instrument), adding a layer not contained within this Act itself"],"plain_english_summary":"## Royal Commissions Act 1923 (NSW)\n\n**What is this?**\nThis is a New South Wales law from 1923 that provides the legal framework for establishing and running **Royal Commissions** — formal, independent public inquiries set up by the government to investigate serious matters of public concern (such as corruption, disasters, or systemic failures in institutions).\n\n**Who does it affect?**\n- Anyone called as a **witness** before a NSW Royal Commission (you may be legally required to appear and give evidence)\n- Anyone whose conduct is being **investigated** by a Royal Commission\n- **Organisations and businesses** that may be required to hand over documents\n- The **general public**, who benefit from the findings and recommendations that come out of these inquiries\n\n**Why does it matter?**\nRoyal Commissions have special powers that go beyond ordinary court proceedings. This Act is the legal source of those powers in NSW. Without it, a Royal Commission would have no authority to compel people to testify, produce documents, or cooperate with investigators.\n\n**What has changed over time?**\nThe Act has been updated several times since 1923. The most notable change was in 1994, when the gendered term 'chairman' was replaced throughout with the gender-neutral 'chairperson.' The current version has been in force since September 2013.\n\n**Who is responsible for this law?**\nThe NSW Premier is the responsible minister, reflecting how significant and high-level Royal Commissions are as a governmental tool.\n\n⚠️ *Note: The full substantive provisions of the Act were not included in the text provided — only metadata and status information. This summary is based on what the Act is known to contain as a long-standing piece of NSW legislation.*"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded and refined since its original enactment by insertion and amendment of multiple provisions. Notable scope changes in the text supplied include: insertion of member‑sitting authorisation (s 5A), expanded information sharing with other commissions and law‑enforcement agencies (s 12A), explicit power to direct non‑publication and private hearings (s 12B), the addition of a special powers division that applies when the chairperson is a judge or judge‑qualified person (ss 15–18D) including contempt procedures (ss 18A–18D), new offences addressing obstruction and document destruction (ss 23, 23A) and criminal and penalty provisions for breaching non‑publication directions (s 23B). Schedule 1 records transitional application of the 2013 amendments to specific commissions (Schedule 1 clauses 2–3). Many sections also now operate only when the Governor’s letters patent expressly apply them (eg s 17), indicating a change from a fixed‑scope Act to one whose operative reach can be tailored by letters patent (ss 14, 17(4)–(5))."},"complexity_factors":["Multiple discretionary decision points (Governor’s letters patent, chairperson/sole commissioner powers) (ss 5, 14, 5A, 7, 12B).","Conditional application of special powers only when declared in letters patent and when commissioner is a 'qualified person' (ss 15, 17(4)–(5)).","Interplay between compelled answers/production and limits on admissibility in other proceedings (s 17(1)–(3)).","Cross‑referencing to other statutes and bodies for evidence/confidentiality and enforcement (s 11 refers to Evidence Act 1995 s 127; s 12A lists multiple law‑enforcement agencies).","Variety of sanctions from penalty units to indictable offences with imprisonment, and separate contempt procedures involving the Supreme Court (ss 18A–18D; ss 19–23A).","Amendments and transitional provisions recorded in schedules that affect application to specific commissions (Schedule 1 clauses referencing 2013 amendments)."],"plain_english_summary":"What this law does, mechanically:\n\n- Establishes how a Royal Commission (a formal inquiry issued by the Governor by letters patent) operates and what powers it has (see s 4 and s 5). Commissioners have judicial-style immunity while performing their duties (s 6).\n\n- Gives commissioners power to summon witnesses, require witnesses to take an oath or affirmation, compel the production and inspection of documents, retain or copy relevant material, and detain or apprehend a witness who fails to comply with a summons (ss 8–12, 16, 18). Where the commission obtains material voluntarily, that person is treated like a witness for legal protections and liabilities (s 11(4)).\n\n- Permits the commission to share information or evidence with other commissions or law‑enforcement agencies if it relates to their terms of reference or possible breaches of law (s 12A).\n\n- Allows the chairperson (or sole commissioner) to restrict publication of evidence or hold parts of the inquiry in private, and to control who may be present (s 12B).\n\n- Sets rules about who may appear and be represented at the inquiry (crown counsel automatically; others only if authorised by the chairperson where they are substantially and directly interested) and provides for examination or cross‑examination with leave (s 7).\n\n- Creates specific offences and penalties for non‑compliance (failure to attend or produce documents, refusing to be sworn, giving false or misleading testimony, subornation, destroying evidence, obstructing or delaying an inquiry, and breaching non‑publication directions) and permits courts to award costs in certain prosecutions (Part 3: ss 19–24). Several offences carry imprisonment (ss 21–23A) or specified penalty units (ss 19, 20, 23B).\n\n- For commissions chaired by legally qualified persons (judges, former judges or persons qualified to be judges), additional special powers and procedures apply (Division 2: ss 15–18D). These include rules about compelled answers notwithstanding privilege (s 17) but only if the Governor’s letters patent expressly apply those provisions to the inquiry (s 17(4)–(5), s 15).\n\n- Provides that certain sections of the Act may be excluded from an inquiry if the Governor declares so in the letters patent for that commission (s 14).\n\n- Prescribes that witness travel and maintenance allowances may be set by regulation and paid from Parliamentary appropriations (s 13).\n\nOfficial purpose-claims and their operational consequences:\n\n- The Act is presented as a framework to enable formal inquiries to gather evidence and report to Parliament or the Executive. That framework operates through legal powers to compel attendance, answers and documents (ss 8, 11, 16, 18) and by giving commissioners judicial‑style protection (s 6). The text explicitly allows a commission to share its material with other investigative bodies where relevant (s 12A), reflecting a claimed purpose of enabling follow‑on law‑enforcement action.\n\nCosts, incentives and trade‑offs (mechanisms, with sections):\n\n- Who pays: allowances certified by the chairperson are paid by the Colonial Treasurer from Parliamentary funds (s 13). Costs of running an inquiry (staff, copying, retention of documents) are borne by the commission and ultimately by the State (ss 12, 13).\n\n- Private compliance burden: individuals and organisations summoned face compulsory attendance and production obligations, and refusal can attract fines or criminal liability (ss 8, 11, 19–20). Where the Governor applies s 17 to a commission, privilege and secrecy duties can be overridden such that witnesses cannot refuse to answer on those grounds, although there are narrow statutory protections for use of compelled answers in other proceedings (s 17(1)–(3), (4)–(5)).\n\n- Legal risk to witnesses: giving false evidence, procuring false evidence, destroying or altering evidentiary material, or deliberately obstructing an inquiry can attract indictable offences and imprisonment (ss 21–23A). These provisions create legal deterrents and raise the stakes for witnesses and organisations participating in inquiries.\n\n- Discretion and bureaucratic choice: the chairperson or sole commissioner has substantial discretion to authorise appearances (s 7), to permit members to sit for parts of inquiries (s 5A), to retain or return documents (s 12(1)–(3)), and to restrict publication or hold private sessions (s 12B). The Governor also exercises key gatekeeping functions by issuing letters patent and by declaring which statutory provisions will or will not apply to a commission (ss 5, 14, 15, 17(4)–(5)). These points concentrate decision‑making power in the Governor and the presiding commissioner and create implementation risk tied to how those powers are exercised.\n\n- Interaction with enforcement: the Act permits and structures information flows to law‑enforcement agencies (s 12A). Material shared can feed prosecutions or regulatory action, but the Act also sets limits on the admissibility of compelled material in other proceedings (s 17(2)–(3)).\n\n- Concentrated benefits and diffuse costs: commissioners and the State gain investigatory reach (ss 8, 16, 18) and the ability to refer matters to law enforcement (s 12A). The direct burdens fall on witnesses, organisations required to produce documents, and entities that must fund the inquiry (ss 11, 13, 19–20). The Act creates opportunities for affected persons to be represented, but only with chairperson approval where not Crown‑appointed counsel (s 7).\n\nImplementation and compliance risks:\n\n- Because special powers (notably the compulsion over privilege in s 17) only operate if the Governor’s letters patent expressly apply them (s 17(4)–(5), s 15), the practical reach of any given commission depends on how the letters patent are drafted.\n\n- The chairperson’s discretion over non‑publication and private hearings (s 12B) affects transparency and the timing of any public release; breaching such directions is an offence (s 23B).\n\n- The interplay of compelled disclosure, limits on admissibility (s 17), and downstream sharing with law enforcement (s 12A) creates predictable substitution effects: compelled material may be used to trigger investigations while being protected from direct evidentiary use against the witness in some proceedings.\n\nKey statutory references: s 4 (definitions); ss 5–6 (issuance, immunity); ss 7–12B (powers, witnesses, evidence handling, non‑publication); ss 13–14B (allowances, application/laying of reports); Division 2 ss 15–18D (special powers where qualified commissioners preside); Part 3 ss 19–24 (offences and penalties)."}},"importantCases":[],"_links":{"self":"/api/acts/royal-commissions-act-1923","history":"/api/acts/royal-commissions-act-1923/history","analysis":"/api/acts/royal-commissions-act-1923/analysis","conflicts":"/api/acts/royal-commissions-act-1923/conflicts","importantCases":"/api/acts/royal-commissions-act-1923/important-cases","documents":"/api/acts/royal-commissions-act-1923/documents"}}