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:
GREETING:
WE DO by these Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice on the Federal Executive Council and pursuant to the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and every other enabling power, appoint you with effect on and from 1 July 1989 to be a Commissioner to inquire into any underlying issues associated with deaths of Aboriginals and Torres Strait Islanders in the State of Western Australia in all cases where such deaths occurred during the period that commenced on 1 January 1980 and ended at the expiration of 31 May 1989 whilst in police custody, in prison or in any other place of detention other than such deaths occurring in a hospital, mental institution, infirmary or medical treatment centre unless injuries suffered while in police custody, in prison or in any other place of detention caused or contributed to them:
AND We declare that, for the purpose of reporting on any underlying issues associated with those deaths, you are authorised to take account of social, cultural and legal factors which, in your judgement, appear to have a bearing on those deaths:
AND We direct you:
(a) to consult generally with the Honourable Elliott Frank Johnston with regard to the methods and procedures to be followed in relation to his and your inquiries; and;
(b) to conform with any guidelines issued or recommendations made by the Honourable Elliott Frank Johnston under the relevant Commission in relation to those methods and procedures;
for the purposes of establishing a uniform approach in relation to those inquiries:
AND We further direct you, when so requested by the Honourable Elliott Frank Johnston under the relevant Commission, whether before or after the submission of your report but not later than 31 December 1990, to report or reports and recommendations under that Commission:
AND We authorise you to have regard, in relation to the preparation of your report, to any reports of the Honourable James Henry Muirhead relating to deaths of Aboriginals and Torres Strait Islanders in the State of Western Australia:
AND, where a relevant Commissioner has inquired, or inquires, under the Commissioner’s Commission of inquiry into a death in the State of Western Australia:
(c) We further authorise you to have regard to any report of that Commissioner relating to that death; and
(d) We further direct you to consult with that Commissioner;
in relation to the preparation of your report:
AND We further declare that you are further authorised to conduct your inquiry into any matters under these Our Letters Patent in combination with any inquiry into the same or related matters that you are directed or authorised to make by any Commission issued, or pursuant to any order or appointment made, by Our Governor of the State of Western Australia:
AND We further declare that in these Our Letters Patent:
(e) the expression “relevant Commission” means the Commission of inquiry issued on 27 April 1989 by Our Governor-General of the Commonwealth of Australia by Letters Patent to the Honourable Elliott Frank Johnston; and
(f) the expression “relevant Commissioner” means a person other than yourself to whom a Commission of inquiry relating to the deaths of Aboriginals and Torres Strait Islanders has been or is issued by Our Governor-General of the Commonwealth of Australia, or a person administering the Government of the Commonwealth of Australia, by Our Letters Patent, not being a person in relation to whom such a Commission of inquiry has been or is revoked.
AND We require you as expeditiously as practicable to make your inquiry and, not later than 30 September 1990 or such later day as We may be pleased to fix, to furnish to the Honourable Elliott Frank Johnston for his consideration and for furnishing by him to Our Governor-General of the Commonwealth of Australia under the relevant Commission a report of the results of your inquiry.
WITNESS His Excellency the Honourable William George Hayden, Companion of the Order of Australia, Governor-General of the Commonwealth of Australia.
Dated this 27th day of June 1989
Governor-General
By His Excellency’s Command,
Attorney-General
for and on behalf of the Prime Minister