This instrument is the Royal Commissions Regulations 2019.
3 Authority
This instrument is made under the Royal Commissions Act 1902.
4 Definitions
In this instrument:
Act means the Royal Commissions Act 1902.
Aged Care Royal Commission means the Royal Commission into Aged Care Quality and Safety, established by Letters Patent dated 6 December 2018 (as amended by any later variations of those Letters Patent).
Antisemitism and Social Cohesion Royal Commission means the Royal Commission on Antisemitism and Social Cohesion, issued by the Governor‑General by Letters Patent on 9 January 2026 (and including any later variations of those Letters Patent).
Banking, Superannuation and Financial Services Royal Commission means the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, established by Letters Patent dated 14 December 2017.
Child Sexual Abuse Royal Commission has the same meaning as in Part 4 of the Act.
Defence and Veteran Suicide Royal Commission has the same meaning as in Part 4 of the Act.
Disability Royal Commission has the same meaning as in Part 4 of the Act.
Home Insulation Royal Commission means the Royal Commission into the Home Insulation Program, established by Letters Patent dated 12 December 2013 (as amended by any later variations of those Letters Patent).
interim‑access period for a Royal Commission: see subsection 10(2) and paragraph 11(a).
listed Royal Commission means a Royal Commission mentioned in the table in section 11.
Natural Disaster Royal Commission means the Royal Commission into National Natural Disaster Arrangements, established by Letters Patent dated 20 February 2020 (as amended by any later variations of those Letters Patent).
NT Royal Commission means the Royal Commission into the Protection and Detention of Children in the Northern Territory, established by Letters Patent dated 1 August 2016 (as amended by any later variations of those Letters Patent).
Oil‑for‑Food Inquiry means the inquiry into Certain Australian Companies in relation to the UN Oil‑for‑Food Programme that was established by Letters Patent dated 10 November 2005 (as amended by any later variations of those Letters Patent).
Division Division 2 - Royal Commissions Regulations 2019 - Custody of Royal Commission records | Zoe
Royal Commission into Trade Union Governance and Corruption means the Royal Commission into matters relating to the affairs of various entities, mainly employee organisations, that was established by Letters Patent dated 13 March 2014 (as amended by any later variations of those Letters Patent).
Part 2—Service of documents and witnesses’ expenses and allowances
5 Service of notices and summonses
(1) For the purposes of subsections 2(3A), 2(3C), 3(1), 3(2) and 6AA(3) of the Act, a notice or summons (the document) may be served, for the purposes of a Commission, on a person (the named person) named in the document in a way set out in this section.
(2) The document may be served on a named person who is an individual by:
(a) handing the document to the named person; or
(b) if on tender of the document to the named person the person refuses to accept it—putting it down in the person’s presence after the person has been told of the nature of the document.
(3) The document may be served on a named person which is a corporation by:
(a) handing the document to a person (the served person) apparently an officer of, or in the service of, the corporation and apparently of or above the age of 16 years:
(i) at the registered office of the corporation; or
(ii) if there is no registered office, at the principal place of business or the principal office of the corporation; or
(b) if on tender of the document to the served person the person refuses to accept it—putting it down in the person’s presence after the person has been told of the nature of the document.
(4) The document may be served on a named person (whether an individual or a corporation) by handing the document to a legal practitioner who:
(a) has authority to accept service of the document on the named person’s behalf; and
(b) accepts service of the document on the named person’s behalf.
(5) The document may be served on a named person (whether an individual or a corporation), or any other person, in a particular way if:
(a) before the document is served, the named person has agreed in writing to accept service for the purposes of the Commission in that way; and
(b) the agreement is still in force.
Note: This subsection extends to electronic ways of serving the document.
(6) If a member of the Commission has previously served the named person with a notice for the purposes of subsection 2(3A) or (3C) or 6AA(3) of the Act under any of the ways set out in subsections (2) to (5) of this section, that member (or another member) of the Commission may later serve another notice for those purposes on the person by sending the notice by pre‑paid post addressed to the person at:
(a) an address provided by the named person to the Commission; or
(b) the named person’s residential or business address last known to the member of the Commission serving the later notice.
6 Witnesses’ expenses and allowances
Expenses for attending a Commission
(1) For the purposes of subsection 6G(1) of the Act, the following scale is prescribed for a witness attending a Commission in the circumstances set out in subsection (2) of this section:
(a) an initial amount of:
(i) if the witness is attending because of the witness’ professional, scientific or other special skill or knowledge—$1,174.90 per day; or
(ii) otherwise—$250.00 per day;
(b) if attending on a day causes the witness to lose wages, salary or fees otherwise payable to the witness for that day—a further amount equal to what an authorised person considers to be a reasonable loss of wages, salary or fees for that day by the witness;
(c) if:
(i) the witness is attending because of the witness’ professional, scientific or other special skill or knowledge; and
(ii) preparing on a day for the attendance causes the witness to lose wages, salary or fees that are otherwise payable for that day;
a further amount equal to what an authorised person considers to be a reasonable loss of wages, salary or fees for that day by the witness.
(2) Subsection (1) applies to a witness in either of the following circumstances:
(a) the witness attends the Commission in answer to a summons under the Act;
(b) the witness attends the Commission without being summoned under the Act, and a member of the Commission decides that the scale in subsection (1) is to apply for the witness.
Allowances for travelling expenses and maintenance
(3) For the purposes of subsection 8(1) of the Act, the following scale of allowances is prescribed for a witness summoned under the Act to attend a Commission:
(a) if the witness’ usual place of abode is more than 50 kilometres from the location of the Commission—an amount worked out, for the witness, by an authorised person as a reasonable allowance for the witness’:
(i) travelling expenses for that attendance; and
(ii) maintenance while absent from that place of abode;
(b) otherwise—a nil amount.
Definition
(4) In this section:
authorised person means:
(a) the Secretary of the Attorney‑General’s Department; or
(b) an SES employee, or acting SES employee, in that Department authorised, in writing, by that Secretary for the purposes of this section.
Part 3—Private sessions
7 Royal Commissions for which private sessions may be held
For the purposes of paragraph 6OAB(b) of the Act, the following Royal Commissions are prescribed:
(a) the Aged Care Royal Commission;
(b) the Disability Royal Commission;
(c) the Defence and Veteran Suicide Royal Commission.
Part 3A—Royal Commissions to which Part 4A of the Act applies
7A Royal Commissions to which Part 4A of the Act applies
For the purposes of section 6PB of the Act, the Antisemitism and Social Cohesion Royal Commission is prescribed.
Part 4—Custody and use of records
Division 1—General
8 General
Parts of Royal Commission records
(1) To avoid doubt, a reference in this Part to a Royal Commission record includes a reference to a part of a Royal Commission record.
Note: For Royal Commission record, see subsection 9(1) of the Act.
No limitation on circumstances or operation of Act
(2) For the purposes of section 9 of the Act, this Part does not limit the circumstances in which a custodian of a Royal Commission record may:
(a) give a copy of the Royal Commission record to a person or body; or
(b) allow access to the Royal Commission record to a person or body.
(3) This Part does not limit subsections 9(6) and (7) of the Act.
Division 2—Custody of Royal Commission records
9 Custody of historical Royal Commission records
For the purposes of paragraph 9(2)(a) of the Act, Royal Commission records of a Royal Commission mentioned in the table in Schedule 1 are to be kept in the custody of the National Archives of Australia.
Note: The National Archives of Australia is a custodian of these Royal Commission records for the purposes of section 9 of the Act (see the definition of custodian in subsection 9(1) of the Act).
10 Custody of future Royal Commission records
(1) For the purposes of paragraph 9(2)(a) of the Act, this section applies in relation to Royal Commission records of a Royal Commission for which the Final Report is presented to the Governor‑General after the commencement of this section.
(2) The records are to be kept in the custody of the Secretary of the Attorney‑General’s Department during the 20‑year period beginning on the day the Final Report for the Royal Commission is presented to the Governor‑General (the interim‑access period for that Royal Commission).
(3) After the end of the interim‑access period, the records are to be kept in the custody of the National Archives of Australia.
(4) However, this section does not apply in relation to a Royal Commission record if a direction under subsection 22(3) of the Archives Act 1983 is in force in relation to the record.
Note 1: Subject to subsection (4), the Secretary of the Attorney‑General’s Department or the National Archives of Australia is a custodian of these Royal Commission records for the purposes of section 9 of the Act (see the definition of custodian in subsection 9(1) of the Act).
Note 2: A person who, or a body that, has custody of a Royal Commission record under a direction under subsection 22(3) of the Archives Act 1983 is a custodian of the record for the purposes of section 9 of the Act (see the definition of custodian in subsection 9(1) of the Act).
11 Custody of Royal Commission records of listed Royal Commissions
For the purposes of paragraph 9(2)(a) of the Act, the following person or body has custody of the Royal Commission records mentioned in column 1 of an item of the following table:
(a) during the 20‑year period beginning on the day the Final Report for that Royal Commission was presented to the Governor‑General (the interim access period for that Royal Commission)—the person mentioned in column 2 of that item;
(b) after the end of the interim access period for that Royal Commission—the National Archives of Australia.
Note: This person or body is a custodian of these Royal Commission records (see the definition of custodian in subsection 9(1) of the Act).
Item
Column 1Royal Commission records of listed Royal Commission
Column 2Custodian during interim access period
1
Royal Commission records of the Oil‑for‑Food Inquiry other than Royal Commission records mentioned in item 2
Secretary of the Department of the Prime Minister and Cabinet
2
Royal Commission records relating to the administration or financial management of the Oil‑for‑Food Inquiry
Secretary of the Attorney‑General’s Department
2A
Royal Commission records of the Home Insulation Royal Commission
Secretary of the Department of the Prime Minister and Cabinet
3
Royal Commission records of the Royal Commission into Trade Union Governance and Corruption
Secretary of the Department of the Prime Minister and Cabinet
4
Royal Commission records of the NT Royal Commission
Secretary of the Attorney‑General’s Department
5
Royal Commission records of the Child Sexual Abuse Royal Commission
Secretary of the Attorney‑General’s Department
6
Royal Commission records of the Banking, Superannuation and Financial Services Royal Commission
Secretary of the Attorney‑General’s Department
Note 1: The Final Report for the Oil‑for‑Food Inquiry was presented to the Governor‑General on 24 November 2006 and tabled in the Parliament on 27 November 2006.
Note 1A: The Final Report for the Home Insulation Royal Commission was presented to the Governor‑General on 29 August 2014 and tabled in the Parliament on 1 September 2014.
Note 2: The Final Report for the Royal Commission into Trade Union Governance and Corruption was presented to the Governor‑General on 28 December 2015 and tabled in the Parliament on 30 December 2015.
Note 3: The Final Report for the NT Royal Commission was presented to the Governor‑General on 17 November 2017 and tabled in the Parliament on the same day.
Note 4: The Final Report for the Child Sexual Abuse Royal Commission was presented to the Governor‑General on 15 December 2017 and tabled in the Parliament on the same day.
Note 5: The Final Report for the Banking, Superannuation and Financial Services Royal Commission was presented to the Governor‑General on 1 February 2019 and tabled in the Parliament on 4 February 2019.
Division 3—Copying and accessing records of Royal Commissions during interim access period
12 Requests for copies of, or access to, records of Royal Commissions during interim access period
Requesting copies of records given to Royal Commission
(1) For the purposes of paragraphs 9(2)(c) and (d) of the Act, if:
(a) a person or body requests a copy of a Royal Commission record of a listed Royal Commission, or a Royal Commission to which section 10 applies, or access to such a record; and
(b) the request is made during the interim access period for the Royal Commission;
circumstances in which the custodian of the record may give the person or body a copy of, or access to, the record are that:
(c) free access to the record is not publicly available (for example, by being published on a website); and
(d) the requesting person or body:
(i) gave the Royal Commission the record, or information or matter that the record contains or that can be obtained from it; or
(ii) in the case of a record of a private session of a Royal Commission to which Part 4 of the Act applies—appeared at the private session; or
(iii) is an authorised representative of a person or body to whom subparagraph (i) or (ii) applies; and
(e) the custodian is reasonably satisfied of the identity of the requesting person or body, and (for a representative) that the representative’s authorisation is genuine and currently effective; and
(f) in the case of a record to which section 13 applies—the request is not made on behalf of a State or Territory, or a Department of State or agency of a State or Territory.
Access to records for law enforcement purposes
(2) For the purposes of paragraphs 9(2)(c) and (d) of the Act, circumstances in which the custodian of a Royal Commission record of a listed Royal Commission, or a Royal Commission to which section 10 applies, may give a copy of the record to a person or body during the interim‑access period for the Royal Commission, or allow a person or body access to the record during that period, are that:
(a) free access to the record is not publicly available (for example, by being published on a website); and
(b) the person or body performs a function relating to law enforcement purposes; and
(c) a copy of, or access to, the record is requested for those purposes; and
(d) in the case of a record of a Royal Commission to which Part 4 of the Act applies—the record does not:
(i) contain information or a matter, or enable information or a matter to be obtained, that was given or obtained at a private session under section 6OB of the Act, unless the information or matter is included under section 6OJ of the Act in a report or recommendation of the Royal Commission; or
(ii) identify a natural person, or enable a natural person to be identified, as a person who appeared at any private session under section 6OB of the Act; or
(iii) contain information mentioned in subsection (3), unless the information is included under section 6OJ of the Act in a report or recommendation of the Royal Commission.
(3) For the purposes of subparagraph (2)(d)(iii), the information is the following:
(a) information that was given by a natural person to a member, or member of the staff, of the Royal Commission for the purposes of a private session under section 6OB of the Act (whether or not a private session was held for the Commission) and identifies the person who gave the information;
(b) information to which section 6ON, 6OP or 6OQ of the Act applies.
Note 1: For law enforcement purposes, see subsection 9(1) of the Act.
Note 2: In 2019, archived versions of the Oil‑for‑Food Inquiry website could be viewed at the National Library of Australia’s Trove website (https://trove.nla.gov.au/website).
Note 3: In 2019, archived versions of the Royal Commission into Trade Union Governance and Corruption website could be viewed at the National Library of Australia’s Trove website (https://trove.nla.gov.au/website).
Note 9: In 2022, archived versions of the Home Insulation Royal Commission website could be viewed at the National Library of Australia’s Trove website (https://trove.nla.gov.au/website).
13 Requests on behalf of States or Territories etc for certain Royal Commissions
Scope
(1) For the purposes of paragraphs 9(2)(c) and (d) of the Act, this section applies in relation to:
(a) Royal Commission records of the NT Royal Commission; and
(b) Royal Commission records of the Child Sexual Abuse Royal Commission; and
(c) Royal Commission records of the Natural Disaster Royal Commission; and
(d) Royal Commission records of a Royal Commission:
(i) that has conducted an inquiry by virtue of a commission issued by the Governor of a State in conjunction with its inquiry under a commission issued by the Governor‑General; and
(ii) that is established after the commencement of this paragraph.
Requesting copies of records given to Royal Commission
(2) If:
(a) a person, on behalf of a State or Territory, or a Department of State or agency of a State or Territory, requests a copy of, or access to, a Royal Commission record of a Royal Commission; and
(b) the request is made during the interim access period for the Royal Commission;
circumstances in which the custodian of the record may give the person a copy of, or access to, the record are that:
(c) free access to the record is not publicly available (for example, by being published on a website); and
(d) the record, or information or matter that the record contains or that can be obtained from it, was given to the Royal Commission by any person on behalf of:
(i) that State or Territory; or
(ii) any Department of State or agency of that State or Territory.
14 Way in which requests under section 12 or 13 are responded to
For the purposes of paragraphs 9(2)(c) and (d) of the Act, the custodian of a Royal Commission record of a listed Royal Commission or a Royal Commission to which section 10 applies may:
(a) respond to a request by a person or body under section 12 or 13 for a copy of the record by allowing the person or body access to the record; or
(b) respond to a request by a person or body under section 12 or 13 for access to the record by giving a copy of the record to the person or body; or
(c) give a copy of the record, or allow access to the record, to a person or body in any form reasonably considered by the custodian to allow access to information or a matter contained in the record, or that can be obtained from it.
Note: Example: For a record that is an audio recording, a copy of, or access to, the record may be given in the form of a transcript of the recording.
Part 5—Application, saving and transitional provisions
15 Application of this instrument as made
(1) Part 2 applies in relation to:
(a) a Commission established on or after the commencement day; and
(b) the Disability Royal Commission.
(2) For the purposes of the Aged Care Royal Commission:
(a) section 5 applies in relation to serving a notice or summons on or after the commencement day; and
(b) section 6 applies in relation to the attendance of a witness on or after the commencement day; and
(c) despite the repeal of the Royal Commissions Regulations 2001, section 7 of those Regulations, as in force immediately before the commencement day, continues to apply in relation to the attendance of a witness before the commencement day.
(3) In this section:
commencement day means the day this instrument commences.
16 Application of the Royal Commissions Amendment (Witness Allowances) Regulations 2021
The amendment of section 6 of this instrument by the Royal Commissions Amendment (Witness Allowances) Regulations 2021 applies in relation to the attendance of a witness on or after 4 November 2019 at:
(a) the Disability Royal Commission; or
(b) the Defence and Veteran Suicide Royal Commission; or
(c) a Commission established on or after the day those Regulations commence.
Note: This section means that a non‑expert witness who attended the Disability Royal Commission or the Defence and Veteran Suicide Royal Commission before the commencement of the Royal Commissions Amendment (Witness Allowances) Regulations 2021 will be entitled to an additional $126.10 in expenses for each day attended.
17 Application of the Royal Commissions Amendment (Custody of Records) Regulations 2022
The amendments of this instrument by the Royal Commissions Amendment (Custody of Records) Regulations 2022 apply in relation to requests made on or after the commencement of that instrument for copies of, or access to, Royal Commission records (whether the Royal Commission to which the records relate was established before, on or after that commencement).