{"id":"a-1991-1","name":"Royal Commissions Act 1991","slug":"royal-commissions-act-1991","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"1 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24304,"registerId":"act-a-1991-1-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Royal Commissions Act 1991","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRoyal Commissions Act 1991\nA1991-1\nRepublication No 16\nEffective: 23 June 2021\nRepublication date: 23 June 2021\nLast amendment made by A2021-12\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Royal Commissions Act 1991 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n23 June 2021.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRoyal Commissions Act 1991\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Offences against Act—application of Criminal Code etc 2\nPart 2 Royal commissions\n5 Appointment of royal commission 3\n6 Commissioners 3\n7 Terms and conditions of appointment 4\n9 Cessation of office 4\n11 Termination of appointment 4\n12 Arrangements for staff 4\n\nContents\nPage\ncontents 2 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Inquiries\n13 Terms of reference 5\n14 Conduct of inquiry 5\n15 Reports of commissions 5\n16 Presenting reports 6\n16A Chief Minister to explain non-presentation of report 6\nPart 4 Proceedings of commissions\nDivision 4.1 General\n17 Determination of questions 8\n18 Counsel assisting commissions 8\n19 Protection of commissioners etc 8\n20 Nondisclosure of information by commissioners etc 9\n21 Disclosure of information by commissions 10\n22 Outstanding matters 10\nDivision 4.2 Evidence\n23 Procedure 11\n24 Privileges against self-incrimination and exposure to civil penalty 11\nDivision 4.3 Powers\n25 Search warrants 12\n26 Inspection and retention of documents 14\nDivision 4.4 Hearings\n28 Power to hold 15\n29 Person presiding 16\n30 Conduct of hearing 16\n31 Appearance and representation 16\n32 Presence of people at private hearings 16\n33 Examination of witnesses 17\n34 Powers in relation to witnesses etc 17\n34A Appearance by audiovisual or audio links 18\n35 Apprehension of witnesses failing to appear 18\n35A Proposed adverse comments in reports 19\n\nContents\nPage\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n45 Application of Criminal Code, ch 7 21\n46 Contempt of commission 21\n47 Protection of certain officers 21\n48 No proceeding against commission 21\n49 Publication of published proceedings, reports and comments protected 22\n50 Reimbursement of expenses of witnesses 22\n52 Regulation-making power 22\nDictionary 23\nEndnotes\n1 About the endnotes 25\n2 Abbreviation key 25\n3 Legislation history 26\n4 Amendment history 30\n5 Earlier republications 35\n\n\n\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRoyal Commissions Act 1991\nAn Act relating to royal commissions\n\nPart 1 Preliminary\nSection 1\npage 2 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Royal Commissions Act 1991.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to an offence against this Act, pt 5 (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nRoyal commissions Part 2\nSection 5\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Royal commissions\n5 Appointment of royal commission\n(1) The Executive may appoint 1 or more people as a royal commission\nto inquire into a matter stated in the instrument of appointment.\nNote For the making of appointments, see the Legislation Act, pt 19.3.\n(2) An appointment is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n6 Commissioners\n(1) A person must not be appointed as a commissioner unless the\nperson—\n(a) is or has been a judge; or\n(b) is a lawyer and has been a lawyer for at least 5 years.\n(2) If a commission is constituted by 2 or more people, the Executive\nmust appoint 1 of those people to be the chairperson.\n(3) If—\n(a) a commission is constituted by 2 or more people; and\n(b) a commissioner dies, resigns or is removed from office under\nsection 11;\nthe remaining commissioners constitute the commission.\n(4) If—\n(a) a commission is constituted by more than 2 people; and\n(b) the chairperson dies, resigns or is removed from office under\nsection 11;\nthe Executive must appoint 1 of the remaining commissioners to be\nthe chairperson.\n\nPart 2 Royal commissions\nSection 7\npage 4 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Terms and conditions of appointment\nA commissioner holds office on the terms and conditions in relation\nto matters not provided for by this Act as are determined in writing\nby the Executive.\n9 Cessation of office\nA commissioner ceases to hold office as a commissioner—\n(a) when the commission’s report of its inquiry has been submitted\nto the Chief Minister in accordance with section 15; or\n(b) if section 22 applies—when the commission notifies the Chief\nMinister in accordance with that section that any outstanding\nmatters have been finalised.\nNote A commissioner’s appointment also ends if the person resigns (see\nLegislation Act, s 210).\n11 Termination of appointment\nThe Executive may terminate the appointment of a commissioner for\nmisbehaviour or physical or mental incapacity.\n12 Arrangements for staff\n(1) The staff of a commission must be public servants made available to\nthe commission by the head of service.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n(2) A public servant subject to an arrangement under subsection (1) must\nact in accordance with the direction of a commissioner, and not\notherwise.\n\nInquiries Part 3\nSection 13\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Inquiries\n13 Terms of reference\n(1) The Executive may, in writing, determine the terms of reference that\nare to apply in relation to a matter the subject of an inquiry to be\nconducted by a commission.\n(2) If the Executive makes a determination under subsection (1), the\ncommission must conduct the inquiry in accordance with the terms of\nreference.\n(3) A determination under subsection (1) is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n14 Conduct of inquiry\nExcept as otherwise provided by this Act, an inquiry may be\nconducted in the way the commission decides.\n15 Reports of commissions\n(1) After completing an inquiry, a commission must—\n(a) prepare a report of the inquiry; and\n(b) submit the report to the Chief Minister.\n(2) A report must be submitted to the Chief Minister—\n(a) where the Executive has fixed a date for submission of the\nreport—on or before that date; or\n(b) where paragraph (a) does not apply—as soon as practicable after\ncompletion of the inquiry.\n(3) A commission may submit with its report a recommendation that, for\nthe reasons specified in the recommendation, the report or part of the\nreport should not be published.\n\nPart 3 Inquiries\nSection 16\npage 6 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) When submitting its report to the Chief Minister, a commission must\ncommit any documents or things (except documents or things\nrequired for the purpose of finalising matters under section 22) then\nin its possession to the custody of the Chief Minister for safekeeping.\n16 Presenting reports\n(1) The Chief Minister may present a copy of a report or part of a report\nsubmitted by a commission to the Legislative Assembly.\n(2) The Chief Minister may make a report or part of a report public\nwhether or not the Legislative Assembly is sitting and whether or not\nthe report or part has been presented to the Assembly.\n(3) The Chief Minister is not civilly or criminally liable in relation to the\npublication of a report or part of a report.\n16A Chief Minister to explain non-presentation of report\n(1) This section applies if—\n(a) a commission submits a report to the Chief Minister under\nsection 16; and\n(b) the Chief Minister does not present a copy of the report to the\nLegislative Assembly within the reporting period.\n(2) On the next sitting day after the end of the reporting period, the Chief\nMinister must present to the Legislative Assembly a written statement\nexplaining why a copy of the report was not presented within the\nreporting period.\n\nInquiries Part 3\nSection 16A\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nreporting period, for a report, means the shorter of the following\nperiods:\n(a) either—\n(i) if there is a sitting day within 1 month after the day the\nreport is submitted by the commission to the Chief\nMinister—1 month after the day the report is submitted; or\n(ii) if there is no sitting day within 1 month after the day the\nreport is submitted by the commission to the Chief\nMinister—the period ending on the 1st sitting day after the\nreport is submitted;\n(b) the period ending on the 2nd last sitting day before the polling\nday for the next general election of members of the Legislative\nAssembly.\n\nPart 4 Proceedings of commissions\nDivision 4.1 General\nSection 17\npage 8 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Proceedings of commissions\nDivision 4.1 General\n17 Determination of questions\n(1) A question arising before a commission constituted by 2 or more\npeople must be decided—\n(a) if the commission consists of more than 2 commissioners—in\naccordance with the opinion of a majority of the commissioners;\nor\n(b) if the commission consists of 2 commissioners and those\ncommissioners are divided in opinion—in accordance with the\nopinion of the chairperson.\n(2) If, in relation to a question arising before a commission constituted\nby 2 or more people, the commissioners are not unanimous in\nopinion, there must, if a commissioner so requires, be recorded in the\ncommission’s report particulars of the opinions of the commissioners\non that question.\n18 Counsel assisting commissions\nA commission may appoint a lawyer to assist the commission, either\ngenerally or in relation to a particular matter.\n19 Protection of commissioners etc\n(1) A commissioner has, in the exercise of any function as a\ncommissioner in relation to an inquiry, the same protection and\nimmunity as a judge of the Supreme Court in proceedings in that\ncourt.\n(2) A lawyer assisting a commission or appearing on a person’s behalf at\na hearing before a commission has the same protection and immunity\nas a barrister has in appearing for a party in proceedings in the\nSupreme Court.\n\nProceedings of commissions Part 4\nGeneral Division 4.1\nSection 20\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Subject to this Act, a person subpoened to attend or appearing before\na commission as a witness has the same protection and is subject to\nthe same liabilities as a witness in proceedings in the Supreme Court.\n20 Nondisclosure of information by commissioners etc\n(1) This section applies to—\n(a) a person who is or has been—\n(i) a commissioner; or\n(ii) a member of the staff of a commission; or\n(iii) a lawyer assisting a commission; and\n(b) any other person who has or has had access to information by\nvirtue of that person’s office or employment under this Act.\n(2) A person to whom this section applies must not, either directly or\nindirectly, except in the exercise of a function under this Act—\n(a) make a record of, or divulge or communicate to any person, any\ninformation acquired by the firstmentioned person by virtue of\nthat person’s office or employment under this Act; or\n(b) make use of any such information; or\n(c) produce to any person, or permit any person to have access to, a\ndocument provided under this Act.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nPart 4 Proceedings of commissions\nDivision 4.1 General\nSection 21\npage 10 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Disclosure of information by commissions\nIf, in the course of an inquiry, a commission obtains information that\nrelates or may relate to the commission of an offence, or evidence of\nthe commission of an offence, against a law of the Territory, the\nCommonwealth, a State or another Territory, the commission may, if\nin its opinion it is appropriate to do so, communicate the information\nor give the evidence to—\n(a) the Attorney-General or the appropriate Minister of State for the\nCommonwealth, a State or that other Territory; or\n(b) the chief police officer.\n22 Outstanding matters\n(1) If—\n(a) a commission has submitted its report in accordance with\nsection 15; and\n(b) there are any outstanding matters connected with the exercise by\nthe commission of its functions under this Act;\nthe commission must—\n(c) notify the Chief Minister that there are outstanding matters; and\n(d) for such time as is necessary, continue to exercise its powers\nunder this Act for the purpose of finalising those matters.\n(2) When any outstanding matters have been finalised, the commission\nmust—\n(a) notify the Chief Minister accordingly; and\n(b) commit any documents or things still in its possession to the\ncustody of the Chief Minister for safekeeping.\n\nProceedings of commissions Part 4\nEvidence Division 4.2\nSection 23\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.2 Evidence\n23 Procedure\nIn conducting its proceedings, a commission—\n(a) must comply with the rules of natural justice; and\n(b) is not bound by the rules of evidence but may inform itself of\nanything in the way it considers appropriate; and\n(c) may do whatever it considers necessary or convenient for the\nfair and prompt conduct of the inquiry.\n24 Privileges against self-incrimination and exposure to civil\npenalty\n(1) This section applies if a person is required under section 34 (1) or (3)\nto—\n(a) produce a document or other thing; or\n(b) answer a question.\n(2) The person cannot rely on the common law privileges against self-\nincrimination and exposure to the imposition of a civil penalty to\nrefuse to produce the document or other thing or answer the question.\nNote The Legislation Act, s 171 deals with client legal privilege.\n(3) However, any information, document or other thing obtained, directly\nor indirectly, because of the producing of the document or other thing,\nor the answering of the question, is not admissible in evidence against\nthe person in a civil or criminal proceeding, other than a proceeding\nfor—\n(a) an offence in relation to the falsity or the misleading nature of\nthe answer, document or information; or\n(b) an offence against the Criminal Code, chapter 7 (Administration\nof justice offences).\n\nPart 4 Proceedings of commissions\nDivision 4.3 Powers\nSection 25\npage 12 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.3 Powers\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n25 Search warrants\n(1) The chairperson may issue a search warrant if—\n(a) the chairperson has reasonable grounds for suspecting that there\nmay be, at that time or within the next following 24 hours, in or\non any premises, a thing of a particular kind connected with a\nmatter into which the commission is inquiring (a thing of the\nrelevant kind); and\n(b) the chairperson believes on reasonable grounds that, if a search\nwarrant were not issued for the production of the thing, that\nthing might be concealed, lost, mutilated, destroyed or disposed\nof.\n(2) A search warrant must authorise a police officer or an authorised\nperson named in the warrant with such assistance, and by such force,\nas is necessary and reasonable—\n(a) to enter the premises; and\n(b) to search the premises for things of the relevant kind; and\n(c) to seize any things of the relevant kind found in or on the\npremises; and\n(d) to deliver any thing so seized to the commission.\n(3) A search warrant must—\n(a) state the purpose for which it is issued; and\n(b) specify particular hours during which the entry is authorised or\nstate that the entry is authorised at any time of the day or night;\nand\n\nProceedings of commissions Part 4\nPowers Division 4.3\nSection 25\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) include a description of the kind of things in relation to which\nthe powers under the warrant may be exercised; and\n(d) specify the date, being a date not later than 1 month after the\ndate of issue of the warrant, on which the warrant ceases to have\neffect.\n(4) A search warrant may be executed, in accordance with its terms, at\nany time during the period commencing on the date of issue of the\nwarrant and ending at the end of the date specified for\nsubsection (3) (d).\n(5) If, in the course of searching under a search warrant for a thing of a\nrelevant kind—\n(a) the person executing the warrant finds a thing that the person\nbelieves on reasonable grounds to be connected with the matter\ninto which the commission is inquiring, although not of a kind\nspecified in the warrant; and\n(b) the person believes on reasonable grounds that it is necessary to\nseize that thing in order to prevent its being concealed, lost,\nmutilated, destroyed or disposed of;\nthe person may seize that thing and must deliver the thing so seized\nto the commission.\n(6) A person executing a search warrant must, on request by an occupant\nof the premises to which the warrant relates, show the warrant to that\noccupant.\n(7) A reference in subsection (1) to the chairperson includes a reference\nto a commissioner authorised by the chairperson to act under that\nsubsection.\n\nPart 4 Proceedings of commissions\nDivision 4.3 Powers\nSection 26\npage 14 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Inspection and retention of documents\n(1) A commission, a commissioner, a member of the staff of a\ncommission or an authorised person may—\n(a) inspect a document or other thing produced before, or delivered\nto, the commission; and\n(b) retain possession of the document or thing for such period as is\nnecessary for the purposes of the inquiry to which the document\nor thing relates; and\n(c) for a document produced before, or delivered to, the\ncommission—make copies of, or take extracts from, such parts\nof the document as are relevant to a matter the subject of the\ninquiry.\n(2) Where a document is retained under subsection (1) (b)—\n(a) the person otherwise entitled to possession of the document is\nentitled to be supplied, as soon as practicable, with a copy\ncertified by a commissioner to be a true copy and the certified\ncopy must be received in all courts as evidence as if it were the\noriginal; and\n(b) until the certified copy is supplied, the commission must, at such\ntimes and places as it considers appropriate, permit the person\notherwise entitled to possession of the document, or a person\nauthorised by that person, to inspect and make copies of, or take\nextracts from, the document.\n(3) Where the retention of a document or other thing by a commission\nceases to be necessary for the purposes of an inquiry, the commission\nmust, if a person who appears to the commission to be entitled to the\ndocument or thing so requests, cause the document or thing to be\ndelivered to the person.\n\nProceedings of commissions Part 4\nHearings Division 4.4\nSection 28\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.4 Hearings\n28 Power to hold\n(1) For the purposes of conducting an inquiry, a commission may hold\nhearings.\n(2) Subject to subsection (3), a hearing must be in public.\n(3) If a commission is satisfied that it is desirable to do so because of the\nconfidential nature of any evidence or matter, or for any other reason,\nthe commission may—\n(a) direct that a hearing or part of a hearing must take place in\nprivate and give directions as to the people who may be present;\nand\n(b) give directions prohibiting or restricting the publication of\nevidence given at a hearing (whether in public or private) or of\nmatters contained in documents lodged with, or received in\nevidence by, the commission; and\n(c) give directions prohibiting or restricting the disclosure to some\nor all of the people present at a hearing of evidence given before,\nor the contents of a document lodged with or received in\nevidence by, the commission.\n(4) In considering whether to give a direction under subsection (3), a\ncommission must take as the basis of its consideration the principle\nthat it is desirable that hearings be in public and that evidence given\nbefore, or the contents of documents lodged with or received in\nevidence by, the commission should be made available to the public\nand to all people present at the hearing, but must pay due regard to\nany reasons given to the commission why the hearing should be held\nin private or why publication or disclosure of the evidence or the\nmatter contained in the document should be prohibited or restricted.\n\nPart 4 Proceedings of commissions\nDivision 4.4 Hearings\nSection 29\npage 16 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Person presiding\nThe chairperson must preside at a hearing.\n30 Conduct of hearing\nExcept as otherwise provided by this Act, the procedure at a hearing\nmay be decided by the commission.\n31 Appearance and representation\n(1) At a hearing—\n(a) a person subpoened to attend or appearing before the\ncommission as a witness may be represented by a lawyer; and\n(b) any other person who, in the opinion of the commission, has a\nsufficient interest in the inquiry may appear and be represented\nby a lawyer.\n(2) In subsection (1) (b):\nperson includes an unincorporated association.\n32 Presence of people at private hearings\nIf a hearing is being held in private, a person must not be present at\nthe hearing unless the person is—\n(a) a commissioner; or\n(b) a member of the staff of the commission directed to be present;\nor\n(c) a lawyer assisting the commission; or\n(d) giving evidence before the commission; or\n(e) the lawyer representing the person giving evidence; or\n(f) entitled under a direction under section 28 (3) (a) to be present.\n\nProceedings of commissions Part 4\nHearings Division 4.4\nSection 33\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n33 Examination of witnesses\nAt a hearing—\n(a) a lawyer assisting the commission; or\n(b) any other person present who is permitted by the chairperson to\ndo so;\nmay, so far as the commission considers appropriate, examine or\ncross-examine a witness on any matter that the commission considers\nrelevant to its inquiry.\n34 Powers in relation to witnesses etc\n(1) The chairperson, or a person authorised in writing by the chairperson,\nmay, by written notice given to a person (a subpoena), require the\nperson to appear before the commission at a hearing, at a stated time\nand place, to do either or both of the following:\n(a) to give evidence;\n(b) to produce a stated document or other thing relevant to the\nhearing.\n(2) A person is taken to have complied with a subpoena under subsection\n(1) (b) if the person gives the document or other thing to the\ncommission before the date stated in the subpoena for its production.\n(3) The chairperson may require a witness appearing at a hearing before\nthe commission to give evidence to do 1 or more of the following:\n(a) to take an oath;\n(b) to answer a question relevant to the hearing;\n(c) to produce a stated document or other thing relevant to the\nhearing.\nNote Oath includes affirmation and take an oath includes make an affirmation\n(see Legislation Act, dict, pt 1).\n\nPart 4 Proceedings of commissions\nDivision 4.4 Hearings\nSection 34A\npage 18 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n34A Appearance by audiovisual or audio links\n(1) This section applies if, in relation to a hearing or a part of a hearing\n(the relevant hearing), a commission has given a direction under the\nEvidence (Miscellaneous Provisions) Act 1991, section 20 (1)\n(Territory courts may take evidence and submissions from\nparticipating States) or section 32 (1) (Territory courts may take\nevidence and submissions from another place).\n(2) Where this section applies a person who, in a relevant hearing—\n(a) is required or entitled to appear personally, whether as a party or\nas a witness; or\n(b) is entitled to appear for another person;\nmay appear in that hearing and participate or give evidence, as the\ncase requires, in accordance with the direction.\n(3) A person who appears in a relevant hearing in accordance with this\nsection is be taken to be before the commission.\n35 Apprehension of witnesses failing to appear\n(1) If a person served with a subpoena to appear before a commission as\na witness fails to appear or attend under the subpoena, the chairperson\nmay, on proof of the service of the subpoena, issue a warrant for the\napprehension of the person.\n(2) A warrant authorises—\n(a) the apprehension of the witness; and\n(b) the bringing of the witness before the commission; and\n(c) the detention of the witness in custody for that purpose until the\nwitness is released by order of the chairperson.\n(3) A warrant may be executed by—\n(a) a police officer; or\n\nProceedings of commissions Part 4\nHearings Division 4.4\nSection 35A\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a member of the police service or force of a State or the Northern\nTerritory; or\n(c) the person to whom it is addressed.\n(4) The person executing a warrant may, with such assistance, and by\nsuch force, as is necessary and reasonable, enter any premises for the\npurpose of executing the warrant.\n(5) The apprehension of a witness under this section does not relieve the\nwitness from any liability incurred by reason of noncompliance by\nthe witness with the subpoena.\n35A Proposed adverse comments in reports\n(1) The commission must not include a comment in a report of an inquiry\nthat is adverse to an entity who is identifiable from the report unless\nthe commission has, before making the report, given the entity a copy\nof the proposed comment and a written notice under subsection (2).\n(2) The written notice to the entity must—\n(a) tell the entity that the entity may—\n(i) make a submission to the commission in relation to the\nproposed adverse comment; or\n(ii) give the commission a written statement in relation to the\nproposed adverse comment; and\n(b) tell the entity that, if the entity makes a submission or gives a\nwritten statement in relation to the comment, the submission or\nstatement, or a summary of it, will be included in the\ncommission’s report of the inquiry; and\n(c) state the period within which a submission may be made or\nstatement given.\n(3) The period allowed under subsection (2) (c) must end not earlier than\n14 days after the day the notice is given.\n\nPart 4 Proceedings of commissions\nDivision 4.4 Hearings\nSection 35A\npage 20 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A copy of a submission made, or statement given, in relation to the\ncomment within the time allowed, must be included in the\ncommission’s report of the inquiry.\n(5) However, if the board is satisfied on reasonable grounds that a\nsubmission made, or statement given, in relation to the comment is\nexcessively long or contains defamatory or offensive language, the\nboard may include a fair summary of the submission or statement in\nthe report of the inquiry instead of the submission or statement.\n\nMiscellaneous Part 5\nSection 45\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n45 Application of Criminal Code, ch 7\nA proceeding of a commission is a legal proceeding for the Criminal\nCode, chapter 7 (Administration of justice offences).\nNote That chapter includes offences (eg perjury, falsifying evidence, failing to\nattend and refusing to be sworn) applying in relation to commission\nproceedings.\n46 Contempt of commission\nA person commits an offence if the person does something in the face,\nor within the hearing, of a commission that would be contempt of\ncourt if the commission were a court of record.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n47 Protection of certain officers\nA person who is or has been—\n(a) a public servant; or\n(b) a person acting under the direction of a commissioner;\nis not liable, personally, to an action or other proceeding for or in\nrelation to an act done or omitted to be done honestly in the exercise\nor purported exercise of any function given to the person in that\ncapacity for this Act.\n48 No proceeding against commission\nA proceeding for an injunction, declaration or prerogative order must\nnot be brought against a commission.\n\nPart 5 Miscellaneous\nSection 49\npage 22 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n49 Publication of published proceedings, reports and\ncomments protected\n(1) The proceedings of a hearing before a commission are taken to be\nproceedings of public concern for the Civil Law (Wrongs) Act 2002,\nsection 139 (Defences of fair report of proceedings of public\nconcern).\n(2) Subsection (1) does not apply in relation to the publication of a report\nof proceedings, or a part of proceedings, if a direction given under\nsection 28 (3) restricts publication of the proceedings or part of them\nand the publication of the report contravenes the direction.\n(3) A report of a commission that has been made public by the Chief\nMinister is taken to be a public document for the Civil Law (Wrongs)\nAct 2002, section 138 (Defence for publication of public documents).\n50 Reimbursement of expenses of witnesses\nA witness appearing before a commission is entitled to be paid by the\nTerritory in relation to the expenses of the attendance of the witness\nan amount authorised in accordance with the Supreme Court scale of\ncosts.\n52 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nDictionary\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• director-general (see s 163)\n• Executive\n• exercise\n• function\n• month\n• under.\nauthorised person means a person declared in writing by the\nchairperson to be an authorised person for this Act.\nchairperson means—\n(a) the chairperson of a commission appointed under section 6 (2)\nor (4); or\n(b) for a commission constituted by 1 person—that person.\ncommission means—\n(a) a royal commission appointed under section 5; and\n(b) for an inquiry—the royal commission appointed to conduct that\ninquiry.\ncommissioner means—\n(a) for a commission constituted by 1 person—that person; or\n(b) for a commission constituted by 2 or more people—each of\nthose people.\njudge means—\n(a) a justice of the High Court; or\n(b) a judge of the Federal Court or Family Court; or\n\nDictionary\npage 24 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a judge of the Supreme Court; or\n(d) a judge of the Supreme Court of a State or the Northern\nTerritory.\npremises includes—\n(a) a building or other structure; and\n(b) an aircraft, vehicle or vessel; and\n(c) a place, whether enclosed or built on, or not.\n\nEndnotes\nAbout the endnotes 1\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 26 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nRoyal Commissions Act 1991 A1991-1\nnotified 1 March 1991 (Gaz 1991 No S7)\ns 1, s 2 commenced 1 March 1991 (s 2 (1))\nremainder commenced 1 May 1991 (s 2 (2) and Gaz 1991 No 16)\nas amended by\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 2\nnotified 27 August 1993 (Gaz 1993 No S165)\ncommenced 27 August 1993 (s 2)\nJudicial Commissions (Consequential Amendments) Act 1994\nA1994-10 s 10\nnotified 14 March 1994 (Gaz 1994 No S44)\ncommenced 14 March 1994 (s 2)\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 71\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1, pt 71 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\nRemuneration Tribunal (Consequential Amendments) Act 1997\nA1997-41 sch 1 (as am by A2002-49 amdt 3.222)\nnotified 19 September 1997 (Gaz 1997 No S264)\ns 1, s 2 commenced 19 September 1997 (s 2 (1))\nsch 1 commenced 24 September 1997 (s 2 as am by A2002-49\namdt 3.222)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1997 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 1 June 1998 (s 2 (2) and Gaz 1998 No 49)\n\nEndnotes\nLegislation history 3\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCustodial Escorts (Consequential Provisions) Act 1998 A1998-67 pt\n13\nnotified 23 December 1998 (Gaz 1998 No S212)\ns 1, s 2 commenced 23 December 1998 (s 2 (1))\npt 13 commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51)\nCourts and Tribunals (Audio Visual and Audio Linking) Act 1999\nA1999-22 pt 13\nnotified 14 April 1999 (Gaz 1999 No S16)\ns 1, s 2 commenced 14 April 1999 (s 2 (1))\npt 13 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)\nJustice and Community Safety Legislation Amendment Act 2000\n(No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 1997 No 22)\ncommenced 1 June 2000 (s (2))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 352\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 352 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\namdt 3.222 commenced 24 September 1997 (s 2 (3))\nNote This Act only amends the Remuneration Tribunal\n(Consequential Amendments) Act 1997 A1997-41 .\nEvidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48\nsch 2 pt 2.13\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\nsch 2 pt 2.13 commenced 30 April 2004 (s 2 and LA s 79)\nRoyal Commissions Amendment Act 2003 A2003-53\nnotified LR 3 December 2003\ns 1, s 2 commenced 3 December 2003 (LA s 75 (1))\nremainder commenced 4 December 2003 (s 2)\n\nEndnotes\n3 Legislation history\npage 28 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.82\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.82 commenced 9 April 2004 (s 2 (1))\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.29\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.29 commenced 23 November 2005 (s 2)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.31\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.31 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.29\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.29 commenced 29 September 2006 (s 2 (1))\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.20\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.20 commenced 16 November 2006 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 2 pt 2.11\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3 commenced 6 October 2010 (s 2 (1))\nsch 2 pt 2.11 commenced 2 November 2010 (s 2 (2))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.139\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.139 commenced 1 July 2011 (s 2 (1))\n\nEndnotes\nLegislation history 3\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.57\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.57 commenced 1 September 2016 (s 2)\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 15\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 15 commenced 26 April 2018 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.52\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.52 commenced 23 June 2021 (s 2 (1))\n\nEndnotes\n4 Amendment history\npage 30 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2006-42 amdt 3.176\nDictionary\ns 2 om A2001-44 amdt 1.3827\nins A2006-42 amdt 3.177\nNotes\ns 3 orig s 3\nom A2006-42 amdt 3.177\ndef authorised person om A2006-42 amdt 3.177\ndef chairperson om A2006-42 amdt 3.177\ndef chief police officer om A2006-42 amdt 3.177\ndef commission om A2006-42 amdt 3.177\ndef commissioner om A2006-42 amdt 3.177\ndef judge om A2006-42 amdt 3.177\ndef legal practitioner om A1997-96 sch 1\ndef premises om A2006-42 amdt 3.177\npres s 3\n(prev s 4) ins A2005-53 amdt 1.141\nrenum as s 3 A2006-42 amdt 3.178\nNotes\ns 4 orig s 4\nom A1993-44 sch 2\nprev s 4\nrenum as s 3\npres s 4\n(prev s 4A) ins A2005-53 amdt 1.141\nrenum as s 4 A2006-42 amdt 3.178\nOffences against Act—application of Criminal Code etc\ns 4A renum as s 4\nAppointment of royal commission\ns 5 am A2001-44 amdts 1.3828-1.3830\nsub A2006-42 amdt 3.179\nCommissioners\ns 6 am A2006-42 amdt 3.180, amdt 3.181, amdt 3.201\nRemuneration and allowances\ns 8 am A1994-10 s 10\nom A1997-41 sch 1\nCessation of office\ns 9 am A2006-42 amdt 3.182\n\nEndnotes\nAmendment history 4\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nResignation\ns 10 om A2006-42 amdt 3.183\nArrangements for staff\ns 12 am A1994-38 sch 1 pt 71; A2011-22 amdt 1.397\nsub A2016-52 amdt 1.155\nTerms of reference\ns 13 am A2001-44 amdt 1.3831, amdt 1. 3832\nConduct of inquiry\ns 14 sub A2006-42 amdt 3.184\nReports of commissions\ns 15 am A1994-10 s 10\nPresenting reports\ns 16 sub A2003-53 s 4\nChief Minister to explain non-presentation of report\ns 16A ins A2003-53 s 4\nam A2006-42 amdt 3.185\nGeneral\ndiv 4.1 hdg (prev pt 4 div 1 hdg) renum R3 LA\nDetermination of questions\ns 17 am A2006-42 amdt 3.201\nCounsel assisting commissions\ns 18 am A1997-96 sch 1; A2006-42 amdt 3.200\nProtection of commissioners etc\ns 19 am A2005-53 amdt 1.142; A2006-42 amdt 3.186, amdt 3.200\nNondisclosure of information by commissioners etc\ns 20 am A1997-96 sch 1; A1998-54 sch ; A2006-42 amdt 3.187,\namdt 3.188, amdt 3.200\nDisclosure of information by commissions\ns 21 am A2006-42 amdt 3.189\nOutstanding matters\ns 22 am A1994-10 s 10; A2006-42 amdt 3.190\nEvidence\ndiv 4.2 hdg (prev pt 4 div 2 hdg) renum R3 LA\nProcedure\ns 23 sub A2003-53 s 5\nPrivileges against self-incrimination and exposure to civil penalty\ns 24 sub A2005-53 amdt 1.143\n\nEndnotes\n4 Amendment history\npage 32 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPowers\ndiv 4.3 hdg (prev pt 4 div 3 hdg) renum R3 LA\ndiv 4.3 hdg note ins A2006-42 amdt 3.191\nSearch warrants\ns 25 am A1994-10 s 10\nAdditional powers\ns 27 om A2006-42 amdt 3.192\nHearings\ndiv 4.4 hdg (prev pt 4 div 4 hdg) renum R3 LA\nPower to hold\ns 28 am A2006-42 amdt 3.201\nConduct of hearing\ns 30 sub A2006-42 amdt 3.193\nAppearance and representation\ns 31 am A2005-53 amdt 1.144; A2006-42 amdt 3.200\nPresence of persons at private hearings\ns 32 hdg am A2006-42 amdt 3.201\ns 32 am A1997-96 sch 1; A2006-42 amdt 3.200\nExamination of witnesses\ns 33 am A1997-96 sch 1; A2006-42 amdt 3.200\nPowers in relation to witnesses etc\ns 34 am A1994-10 s 10; A2001-44 amdt 1.3833\nsub A2005-53 amdt 1.145\nAppearance by audiovisual or audio links\ns 34A ins A1999-22 s 36\nam A2000-17 sch 1; A2003-48 amdt 2.18; A2010-40\namdt 2.19; A2018-9 s 112\nApprehension of witnesses failing to appear\ns 35 am A1998-67 s 43; A2005-53 amdt 1.146; A2006-23\namdt 1.279, amdt 1.280\nProposed adverse comments in reports\ns 35A ins A2003-53 s 6\nObstruction of authorised persons\ns 35B (prev s 35A) ins A1994-10 s 10\nam A1998-54 sch\nrenum R4 LA\nom A2004-15 amdt 2.172\n\nEndnotes\nAmendment history 4\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFailure of witnesses to attend or produce documents\ns 36 am A1998-54 sch\nom A2005-53 amdt 1.147\nRefusal to be sworn or give evidence\ns 37 am A1998-54 sch\nom A2005-53 amdt 1.147\nFalse evidence\ns 38 am A1998-54 sch\nom A2005-53 amdt 1.147\nImproper dealings with documents\ns 39 am A1998-54 sch\nom A2005-53 amdt 1.147\nIntimidation or dismissal of witnesses\ns 40 am A1994-10 s 10; A1998-54 sch\nom A2005-53 amdt 1.147\nPreventing witnesses from attending\ns 41 am A1998-54 sch\nom A2005-53 amdt 1.147\nBribery of witnesses\ns 42 am A1998-54 sch\nom A2005-53 amdt 1.147\nFraud on witnesses\ns 43 am A1998-54 sch\nom A2005-53 amdt 1.147\nContempt of commissions\ns 44 am A1998-54 sch\nom A2005-53 amdt 1.147\nMiscellaneous\npt 5 hdg orig pt 5 hdg om A2005-53 amdt 1.147\n(prev pt 6 hdg) renum A2005-53 amdt 1.150\nApplication of Criminal Code, ch 7\ns 45 am A1997-96 sch 1; A1998-54 sch\nom A2005-53 amdt 1.147\nins A2005-53 amdt 1.148\nContempt of commission\ns 46 am A1998-54 sch\nom A2005-53 amdt 1.147\nins A2005-53 amdt 1.148\nProtection of certain officers\ns 47 am A2006-42 amdt 3.194\n\nEndnotes\n4 Amendment history\npage 34 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNo proceeding against commission\ns 48 sub A2006-40 amdt 2.171\nPublication of published proceedings, reports and comments protected\ns 49 am A1994-10 s 10\nsub A2003-53 s 7\nam A2006-42 amdt 3.195, amdt 3.196\nReferences to subpoena\ns 50A ins A2005-53 amdt 1.149\nexp 23 November 2006 (s 50A (2))\nApproved forms\ns 51 sub A2001-44 amdt 1.3834\nam A2006-42 amdt 3.197, amdt 3.198\nom A2021-12 amdt 3.163\nRegulation-making power\ns 52 ins A2001-44 amdt 1.3834\nMiscellaneous\npt 6 hdg renum as pt 5 hdg\nDictionary\ndict ins A2006-42 amdt 3.199\nam A2011-22 amdt 1.398\ndef authorised person ins A2006-42 amdt 3.199\ndef chairperson ins A2006-42 amdt 3.199\ndef commission ins A2006-42 amdt 3.199\ndef commissioner ins A2006-42 amdt 3.199\ndef judge ins A2006-42 amdt 3.199\ndef premises ins A2006-42 amdt 3.199\n\nEndnotes\nEarlier republications 5\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR0A\n18 Oct 2007\n27 Aug 1993–\n13 Mar 1994\nA1993-44 amendments by\nA1993-44\nR0B\n18 Oct 2007\n14 Mar 1994–\n30 June 1994\nA1994-10 amendments by\nA1994-10\nR1\n28 Feb 1995\n1 July 1994–\n23 Sept 1997\nA1994-38 amendments by\nA1994-38\nR1 (RI)\n18 Oct 2007\n1 July 1994–\n23 Sept 1997\nA1994-38 reissue of printed\nversion\nR1A\n18 Oct 2007\n24 Sept 1997–\n31 May 1998\nA1997-41 amendments by\nA1997-41 and\nincludes\nretrospective\namendments by\nA2002-49\nR1B\n18 Oct 2007\n23 Dec 1998–\n31 Aug 1999\nA1998-67 amendments by\nA1997-96,\nA1998-54 and\nA1998-67 and\nincludes\nretrospective\namendments by\nA2002-49\nR2\n1 Sept 1999\n1 Sept 1999–\n31 May 2000\nA1999-22 amendments by\nA1999-22\n\nEndnotes\n5 Earlier republications\npage 36 Royal Commissions Act 1991\nEffective: 23/06/21\nR16\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR2 (RI)\n18 Oct 2007\n1 Sept 1999–\n31 May 2000\nA1999-22 amendments by\nA1999-22 and\nincludes\nretrospective\namendments by\nA2002-49\nR2A\n18 Oct 2007\n1 June 2000–\n11 Sept 2001\nA2000-17 amendments by\nA2000-17 and\nincludes\nretrospective\namendments by\nA2002-49\nR3\n18 Feb 2002\n12 Sept 2001–\n3 Dec 2003\nA2001-44 amendments by\nA2001-44\nR3 (RI)\n18 Oct 2007\n12 Sept 2001–\n3 Dec 2003\nA2001-44 reissue for\nretrospective\namendments by\nA2002-49\nR4\n4 Dec 2003\n4 Dec 2003–\n8 Apr 2004\nA2003-53 amendments by\nA2003-53\nR5\n9 Apr 2004\n9 Apr 2004–\n29 Apr 2004\nA2004-15 amendments by\nA2004-15\nR6\n30 Apr 2004\n30 Apr 2004–\n22 Nov 2005\nA2004-15 amendments by\nA2003-48\nR7\n23 Nov 2005\n23 Nov 2005–\n1 June 2006\nA2005-53 amendments by\nA2005-53\nR8\n2 June 2006\n2 June 2006–\n28 Sept 2006\nA2006-23 amendments by\nA2006-23\nR9\n29 Sept 2006\n29 Sept 2006–\n15 Nov 2006\nA2006-40 amendments by\nA2006-40\nR10\n16 Nov 2006\n16 Nov 2006–\n23 Nov 2006\nA2006-42 amendments by\nA2006-42\nR11\n24 Nov 2006\n24 Nov 2006–\n1 Nov 2010\nA2006-42 commenced expiry\nR12\n2 Nov 2010\n2 Nov 2010–\n30 June 2011\nA2010-40 amendments by\nA2010-40\n\nEndnotes\nEarlier republications 5\nR16\n23/06/21\nRoyal Commissions Act 1991\nEffective: 23/06/21\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR13\n1 July 2011\n1 July 2011–\n31 Aug 2016\nA2011-22 amendments by\nA2011-22\nR14\n1 Sept 2016\n1 Sept 2016–\n25 April 2018\nA2016-52 amendments by\nA2016-52\nR15\n26 Apr 2018\n26 Apr 2018–\n22 June 2021\nA2018-9 amendments by\nA2018-9\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and regulating royal commissions in the ACT. While it has been amended numerous times (30+ amending acts), these changes represent technical updates, alignment with other legislation (such as the Criminal Code and Legislation Act), and procedural refinements rather than expansion into new substantive areas. The core scope — creating commissions, setting their powers, and regulating their proceedings — has remained consistent since 1991."},"complexity_factors":["Moderate length (52 sections plus dictionary)","7 defined terms in the Dictionary section","Cross-references to other ACT legislation including the Legislation Act 2001, Criminal Code, Evidence (Miscellaneous Provisions) Act 1991, and Civil Law (Wrongs) Act 2002","Conditional logic in section 24 regarding self-incrimination privileges (removing the privilege but creating a use immunity)","Nested procedural requirements in section 35A for adverse comments (notice period, submission rights, summary provisions)","Multiple exceptions and qualifications in section 28 regarding public vs private hearings","Historical consolidation of offences into the Criminal Code (original specific offences repealed and replaced by general reference to Criminal Code chapter 7)"],"plain_english_summary":"This is the **Australian Capital Territory (ACT) Royal Commissions Act 1991**. It sets up the legal framework for the ACT Government to establish royal commissions — powerful, independent inquiries into matters of significant public concern.\n\n**What it does:**\n\n*   **Creates royal commissions:** The ACT Executive (the Chief Minister and ministers) can appoint one or more people to form a royal commission to investigate specific issues. Commissioners must be current or former judges, or lawyers with at least 5 years' experience.\n*   **Sets the rules for inquiries:** The Executive sets the \"terms of reference\" (the specific questions the commission must answer). Commissions must follow the **rules of natural justice** (basic fairness), but they don't have to follow strict court rules of evidence. They can hold public or private hearings, compel witnesses to attend, and require people to produce documents.\n*   **Gives coercive powers:** Commissions can issue **subpoenas** (legal orders) forcing people to give evidence or hand over documents. They can also get **search warrants** to enter premises and seize evidence. People who refuse to attend can be arrested and brought before the commission.\n*   **Protects witnesses (with limits):** People cannot refuse to answer questions or produce documents by claiming they might incriminate themselves or expose themselves to civil penalties. However, that evidence generally cannot be used against them in later court cases (except for perjury or lying to the commission).\n*   **Requires reports:** The commission must submit a final report to the Chief Minister, who then tables it in the Legislative Assembly (parliament) or makes it public. If the Chief Minister delays, they must explain why.\n*   **Protects participants:** Commissioners, lawyers, and witnesses get the same legal protections as if they were in the Supreme Court. Staff acting honestly are protected from personal lawsuits.\n\n**Who it affects:**\n\n*   **The ACT Government** — which establishes and funds commissions.\n*   **Commissioners** — who run the inquiries.\n*   **Witnesses** — anyone compelled to give evidence or produce documents.\n*   **The general public** — who may be affected by the findings or recommendations.\n\n**Why it matters:**\nRoyal commissions are among the most powerful investigative tools available to government. This Act ensures they operate with proper authority, fairness, and accountability, while balancing the need for transparency against privacy and legal protections for individuals."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as republished incorporates multiple amendments since 1991 that altered the statute’s scope and mechanics. The endnotes and amendment history record insertions and substitutions affecting appointment criteria, evidence and publication provisions, powers to compel and to detain witnesses, confidentiality rules, and procedural matters (see the amendment history and endnotes, esp. endnotes 3–4). Examples in the republished text include the addition of the requirement that commissioners be judges or experienced lawyers (s 6 as amended), the insertion of provisions about Chief Minister explanation for non‑presentation of reports (s 16A), and the notice requirement before including proposed adverse comments in reports (s 35A). Those and other amendments changed how commissions are appointed, how evidence may be obtained and used, and how reports are handled, so the operational scope of the Act differs from its original 1991 form (see amendment history in endnotes)."},"complexity_factors":["Interplay with other laws and the Criminal Code (s 4, s 45) requiring cross‑reference to criminal and evidence rules","Broad discretionary powers vested in the Executive and in commissioners (appointment, terms of reference, publication) (s 5, s 13, s 16, s 28)","Range of compulsory powers (subpoenas, search warrants, seizure, detention) and procedural safeguards interacting across sections (s 25, s 34, s 35, s 26, s 24)","Confidentiality and disclosure rules combined with exceptions and criminal penalties (s 20, s 21, s 24)","Procedural flexibility (not bound by rules of evidence but must observe natural justice) creating variable practice across inquiries (s 23)","Multiple protections and immunities for officials balanced against limited reviewability (s 19, s 47, s 48)","Publication defaults with carve‑outs and mandatory notice requirements before adverse report comments (s 28, s 35A, s 16A)","Administrative dependencies on public service resourcing and directions (s 12)","Regulation‑making power allowing further procedural detail to be set by Executive instruments (s 52)"],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nMechanically: the Royal Commissions Act 1991 creates a legal framework for the Executive of the Australian Capital Territory to appoint royal commissions to inquire into matters specified by the Executive (s 5, s 13). It sets who can be a commissioner (judges or lawyers with at least 5 years practice) (s 6), how inquiries are run (powers to hold hearings, private hearings, and to determine procedure) (s 14, s 28, s 30), the powers available to compel evidence (subpoenas, search warrants, seizure, and retention of documents) (s 25, s 26, s 34), protections and obligations for people involved (immunities for commissioners and counsel; confidentiality and nondisclosure rules) (s 19, s 20), how reports are handled and published (reporting to the Chief Minister, who may present or publish reports) (s 15, s 16, s 16A), and penalties for non‑compliance (see s 20, s 46, and the application of Criminal Code provisions in s 4 and s 45). The Executive may make regulations under the Act (s 52).\n\nWho it affects (examples from the Act):\n- The Executive (appoints commissions and sets terms of reference) (s 5, s 13).\n- Commissioners and chairpersons (qualifications, appointment, removal, protections) (s 6, s 7, s 11, s 19).\n- Public servants assigned as commission staff (must be provided by the head of service and must obey commissioners' directions) (s 12).\n- Witnesses and persons and entities required to produce documents (may be subpoenaed, compelled to give evidence or produce documents, and may face warrants or detention for non‑compliance) (s 34, s 35, s 35A).\n- The Chief Minister (receives reports, decides presentation/publication, must explain non‑presentation) (s 15, s 16, s 16A).\n- The Territory (pays witness expenses under the Supreme Court scale) (s 50).\n\nStated purpose and how it maps to mechanics\n- The Act establishes royal commissions to inquire into matters the Executive identifies (s 5, s 13). That is the Act’s formal purpose: to create an inquiry mechanism with investigatory, compulsory‑evidence and reporting powers. The mechanism for achieving that purpose is concentrated decision power in the Executive (to appoint, to set terms of reference and to present/publish reports) (s 5, s 13, s 16).\n\nTrade‑offs, incentives and implementation mechanics (source‑grounded observations)\n- Concentration of decision rights: the Executive chooses whether to appoint a commission and determines the terms of reference (s 5, s 13). That concentrates the decision to investigate and the scope of inquiry in a single political executive actor, which creates a clear gatekeeper role (s 5, s 13).\n\n- Discretion over publication: the Chief Minister decides whether and when to present reports to the Legislative Assembly or make them public, and is expressly protected from civil or criminal liability for publication (s 16(1)–(3)). The Chief Minister must explain to the Assembly if a report is not presented within the reporting period (s 16A), creating an accountability step but leaving timing discretion with the Chief Minister (s 16, s 16A).\n\n- Compulsion of evidence and limits on privilege: commissions can compel documents and testimony (s 34), and the chairperson can issue search warrants authorising seizure (s 25). The Act removes the common‑law privileges against self‑incrimination and exposure to civil penalty as a ground for refusing to comply (s 24(2)), while providing that material obtained under compulsion is generally not admissible against the person in other civil or criminal proceedings except for offences related to falsity or administration of justice offences (s 24(3)). That combination increases the commission’s ability to collect evidence while limiting downstream prosecutorial use of compelled material except in narrowly defined cases (s 24).\n\n- Confidentiality duties and penalties: commissioners, staff and other persons with access to commission information are prohibited from recording, divulging or using that information except in authorised functions under the Act, with criminal penalties (s 20). At the same time, the commission may disclose information to prosecuting authorities if it believes it is appropriate (s 21). The law therefore establishes both a gatekeeping confidentiality rule and a specific channel for disclosure of suspected offences to authorities (s 20, s 21).\n\n- Staff and administrative burden: commission staff must be public servants made available by the head of service and must follow commissioner directions (s 12). That creates an administrative route for resourcing inquiries but places operational dependence on the public service and on inter‑agency cooperation (s 12).\n\n- Operational protections and legal risk allocation: commissioners and counsel assisting have immunities similar to judicial or advocate immunities for acts done in the exercise of their functions (s 19). The Act also bars proceedings for injunctions, declarations or prerogative orders against a commission (s 48), which limits legal challenges to commission operations while preserving other remedies governed elsewhere.\n\n- Burdens on private parties and businesses: business or individuals who are required to produce documents or who are subject to searches or seizures (s 25, s 26, s 34) may incur compliance costs (time, disclosure of sensitive materials, internal legal costs). The Act provides a process for retention and certified copies where originals are retained (s 26(2)).\n\n- Public access and restrictions: hearings are public by default (s 28(2)), but the commission may direct private hearings, restrict attendance and prohibit publication for confidentiality or other reasons (s 28(3)). The Act instructs commissions to start from a public default while allowing exceptions (s 28(4)). Public reporting and fair‑report protections are provided (s 49), with explicit carve outs where the commission restricts publication (s 49(2)).\n\nCosts, risks and compliance burdens (concrete mechanics)\n- Who pays: the Territory pays authorised witness expenses (s 50).\n- Liability and penalties: unauthorised disclosure by those with access can attract up to 50 penalty units and/or six months imprisonment (s 20). Contempt‑type conduct in the face of a commission attracts up to 100 penalty units and/or one year imprisonment (s 46). Proceedings of a commission are legal proceedings for the Criminal Code chapter on administration of justice offences (s 45).\n- Enforcement powers: the chairperson can issue subpoenas, warrants for apprehension of non‑attending witnesses, and search warrants authorising police or authorised persons to use reasonable force (s 25, s 34, s 35). Noncompliance can lead to apprehension and detention until released by the chairperson (s 35).\n\nImplementation risk and discretion\n- The Act grants significant discretion to the Executive and to commissioners (appointments, terms, procedure, publication and evidence‑handling) (s 5, s 6, s 13, s 14, s 16, s 28). That discretion concentrates implementation choices and places reliance on the exercise of those powers consistent with procedural requirements such as natural justice (s 23(a)) and advance notice before adverse comments in reports (s 35A).\n\nNet effect on private choice and enterprise (mechanical effects)\n- The Act increases the involuntary interaction between private parties (including businesses) and public inquiry processes by enabling compulsory production and search/seizure powers (s 25, s 34). Those powers create compliance costs and potential reputational exposure through public hearings or adverse report comments (s 28, s 35A), subject to the Act’s protections about notice before adverse comments (s 35A) and limits on publication imposed by commissions (s 28(3)).\n\nSource citations: core mechanics above are taken from the Act sections noted parenthetically (for example s 5, s 6, s 12, s 13, s 15–16, s 19–21, s 23–26, s 28–35A, s 45–50, s 52)."}},"importantCases":[],"_links":{"self":"/api/acts/royal-commissions-act-1991","history":"/api/acts/royal-commissions-act-1991/history","analysis":"/api/acts/royal-commissions-act-1991/analysis","conflicts":"/api/acts/royal-commissions-act-1991/conflicts","importantCases":"/api/acts/royal-commissions-act-1991/important-cases","documents":"/api/acts/royal-commissions-act-1991/documents"}}