COMMONWEALTH OF AUSTRALIA

ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:

TO:

THE HONOURABLE SIR LAURENCE STREET, AC, KCMG

GREETING:

WHEREAS, by Letters Patent issued in Our name and entered in the Register of Patents on 25 October 1994, We appointed you to be a Commissioner to inquire into certain aspects of the administration of the Civil Aviation Authority (the Authority), in particular in relation to any person (whether incorporated or unincorporated), or body of persons, trading as Seaview Air or any related business:

AND WHEREAS it is desirable to vary the terms of reference set out in those Letters Patent and to extend the time for reporting on the inquiry:

AND WHEREAS We have, by Letters Patent issued this day in Our name by Our Governor-General of the Commonwealth of Australia, appointed James Henry Staunton, CBE, QC, to be a Commissioner to conduct a related inquiry:

NOW THEREFORE We do by these Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and in pursuance of the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and other enabling powers, declare that those Letters Patent shall have effect from 9 o’clock in the forenoon (according to the time observed in the Australian Capital Territory) on 3 January 1995 as if:

(a) for paragraphs (a) and (b) of the terms of reference there were substituted the following paragraphs:

“(a) the operations of the Authority in connection with:

(i) the appropriateness of decisions and administrative actions of officers of the Authority relating to the operations of Seaview Air during 1994 (and earlier if necessary) including its upgrading to a Regular Public Transport (RPT) operator; and

(ii) the diligence and propriety with which officers of the Authority and Seaview Air discharged their respective responsibilities relating to the safety of Seaview Air operations; and

(iii) the effectiveness of the management systems within the Authority, and communications between its various levels, as they related to Seaview Air; and

(b) the implications of your findings under paragraph (a), and those of James Henry Staunton under the related Commission, necessary to ensure total propriety in air safety administration:”; and

(b) for the passage commencing “AND We require” there were substituted the following passages:

“AND We direct you to produce with James Henry Staunton a single report of the results of your inquiries and his inquiries under the related Commission:

AND We further direct you to consult with James Henry Staunton with regard to the methods and procedures to be followed in relation to your inquiries and his inquiries and concerning the content and preparation of that report:

AND We authorise you, in conducting your inquiries and preparing the report, to have regard to any information, evidence, document or thing obtained by James Henry Staunton under the related Commission and communicated or furnished to you:

AND We further authorise you to indicate to James Henry Staunton your views concerning how the inquiries conducted by him under the related Commission are to be conducted:

AND We declare that your duties under there Our Letters Patent to inquire into the matters referred to in paragraph (a) of the terms of reference set out in these Our Letters Patent are discharged if you give due and proper consideration to the findings of James Henry Staunton under the related Commission in relation to those matters:

AND We further declare that, in these Our Letters Patent, the expression ‘related Commission’ means the Commission of Inquiry issued this day by Our Governor-General of the Commonwealth of Australia by Letters Patent to James Henry Staunton:

AND We require you, as expeditiously as practicable, to make your inquiries and, not later than 31 May 1995, to furnish to Our Governor-General of the Commonwealth of Australia the report of the results of the inquiries and such recommendations as you consider appropriate.”.

WITNESS the Honourable William George Hayden, Companion of the Order of Australia, Governor-General of the Commonwealth of Australia on 29-12-94

Governor-General

By His Excellency’s Command

Minister for Transport

for the Prime Minister