Explaining Royal Commissions

3rd February 2026
Category Compensation

MARTIN ROWNEY from RMB Lawyers outlines how Royal Commissions work.

In Australia, we are used to summers where the biggest topics in the media are the cricket (another Ashes win!), the weather (summer heat, beaches and sadly often bushfires) and the Australian Open tennis.

This summer has seen a sad turn, with the tragic terror attack at Bondi on 14 December 2025 causing the loss of 15 innocent lives. In the aftermath of that tragedy, there has been a lot of talk around how our governments should respond to such a horrific event.

Amidst important and necessary conversations about gun control, cultural cohesion and how to respond to antisemitism, there have been many calls for a Royal Commission.

The Prime Minister has recently indicated one would be held, with the Commissioner being former High Court Justice Virginia Bell.

Amongst all the chatter, it may not be clear to many what a Royal Commission actually is: a public inquiry that is conducted independently of government and is the highest form of inquiry in Australia; and designed to investigate matters of public importance.

The Governor General (federal) or Governor (state) authorises a Royal Commission, after receiving advice from the relevant government. The Commission is then given terms of reference that set out the key areas and overall scope of the investigation and the timeline for completion.

How a Royal Commission is conducted is determined on a case by case basis by the relevant Commissioner. Generally, a Royal Commission can: hold formal public or private hearings; issue notices for a person to give information or a statement in writing, or to produce documents or things; conduct interviews; meet with stakeholders and undertake research; and invite submissions from the public.

In some Royal Commissions, there is opportunity for private meetings with the Commissioner. One example where this occurred, alongside many public hearings, was the Royal Commission into Institutional Responses to Child Sexual Abuse.

After the Commission is held, Royal Commission report generally contains: assessment of why specific events have happened/how they could be prevented; determination of who should be accountable; and any recommended changes to policies and laws.

The Royal Commission report is presented to the government, which then responds to the report, explaining how it will act on the findings and recommendations.

Hopefully this upcoming Royal Commission, like others held before, will shed light on an important issue, assist in healing and positive social change. You can contact us by by phone or our 'Ask a Question' tool on our website if you have any further questions about this Royal Commission.

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