Royal Commissions Regulations 2001

These Regulations are the Royal Commissions Regulations 2001.

In these Regulations unless the contrary intention appears:

Act means the Royal Commissions Act 1902.

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.

High Court Scale means the scale of witnesses’ expenses that applies to witnesses appearing before the High Court.

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 Letters Patent dated 9 February 2017, 27 June 2017 and 7 September 2017).

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 Letters Patent dated 6 February 2006, 10 March 2006, 17 March 2006, 22 June 2006 and 21 September 2006).

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 Letters Patent dated 30 October 2014).

Part 2—General

5 Form of summons to appear before Commission

A summons to a person to appear before a Commission at a hearing must be in the form set out in Schedule 1.

6 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 regulation.

(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) the named person has, prior to the preparation of the document, agreed in writing to accept service for the purposes of the Commission in that way; and

(b) the agreement is still in force.

(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) of the Act under any of the ways set out in subregulations (2) to (5), 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.

7 Witnesses’ expenses

(1) A witness who appears before a Commission in answer to a summons under section 2 of the Act may be paid expenses in accordance with the table of expenses in subregulation (3).

(2) A witness who appears before a Commission without being summoned under section 2 of the Act to do so may, if the Commission directs, be paid expenses in accordance with the table of expenses in subregulation (3).

(3) The table of expenses is:

Expenses
Item	Witness		Expenses
1	Witness called because of his or her professional, scientific or other special skill or knowledge	$1,174.90 per day
2	Witness called for any other reason	$123.90 per day
3	In addition to items 1 and 2, witness remunerated in his or her occupation by wages, salary or fees	The amount lost by his or her attendance
4	In addition to items 1 and 2, witness who resides more than 50 kilometres from the location of the Commission	The sum that an authorised person thinks reasonable for the actual cost of conveyance, together with a reasonable amount for sustenance or maintenance

(4) In addition to the table of expenses in subregulation (3):

(a) an authorised person may allow the amount that the authorised person thinks reasonable and properly incurred and paid to witnesses for qualifying to give skilled evidence; and

(b) an authorised person may allow to an expert witness a special fee for attendance at the Commission that is not covered by the items of the table if the witness is acting as an expert in assisting counsel or a solicitor for a period during the trial or hearing; and

(5) In this regulation:

authorised person means:

(a) the Secretary of the Attorney‑General’s Department; or

(b) a person authorised, in writing, by the Secretary of the Attorney‑General’s Department for the purposes of this regulation.

Commission includes a member of the Commission authorised, in writing, by the President or Chair of the Commission for the purposes of this regulation.

Part 3—Custody and use of records

8 Custody and use of records—Oil‑for‑Food Inquiry

(1) For subsection 9(2) of the Act, this regulation applies in relation to the Royal Commission records of the Oil‑for‑Food Inquiry, other than the following Royal Commission records:

(a) Royal Commission records relating to the administration of the Inquiry;

(b) Royal Commission records relating to the financial management of the Inquiry;

(d) the Report of the Inquiry.

Note 1: The Report of the Inquiry was presented to the Governor‑General on 24 November 2006 and tabled in the Parliament on 27 November 2006.

Note 2: Royal Commission records are explained in subsection 9(1) of the Act.

(2) For paragraph 9(2)(a) of the Act, the Royal Commission records are to be kept in the custody of the Secretary of the Department of the Prime Minister and Cabinet.

(3) For paragraph 9(2)(c) of the Act, the circumstances in which the custodian of the Royal Commission records must, as soon as practicable, give a copy of a record that the custodian certifies to be a true copy of the record (certified copy) to a person or body are that:

(a) the person or body is the owner of the record; and

(b) the record has not been returned to the person or body; and

(4) For subregulation (3), until a certified copy is given, the custodian of the Royal Commission records must provide the person or body, or a person authorised by the person or body, reasonable access to the record for the purposes of inspecting and making copies of, or taking extracts from, the record.

(5) For paragraph 9(2)(c) of the Act, the circumstances in which the custodian of the Royal Commission records may give some or all of those records to a person or body are that the person or body:

(a) performs a function relating to law enforcement purposes within the meaning of section 9 of the Act; or

(b) is responsible for advising a Minister of the Commonwealth, of a State or of a Territory about the administration of a law of the Commonwealth, of that State or of that Territory.

(6) For paragraph 9(2)(d) of the Act, the circumstances in which the custodian of the Royal Commission records may allow access to some or all of those records to a person or body are that the person or body:

(a) performs a function relating to law enforcement purposes within the meaning of section 9 of the Act; or

(b) is responsible for advising a Minister of the Commonwealth, of a State or of a Territory about the administration of a law of the Commonwealth, of that State or of that Territory.

(7) Subregulations (3), (4), (5) and (6) do not limit the circumstances in which the custodian of the Royal Commission records may:

(a) give a Royal Commission record to a person or body; or

(b) allow access to a Royal Commission record to a person or body.

(8) Subregulations (3), (4), (5) and (6) do not limit the operation of subsections 9(6) and (7) of the Act.

9 Custody and use of records—Royal Commission into Trade Union Governance and Corruption

Application

(1) For subsection 9(2) of the Act, this regulation applies in relation to Royal Commission records of the Royal Commission into Trade Union Governance and Corruption (the Trade Union Royal Commission), other than the following Royal Commission records:

(a) Royal Commission records relating to the administration of the Trade Union Royal Commission;

(b) Royal Commission records relating to the financial management of the Trade Union Royal Commission;

(d) the volumes of the Interim Report of the Trade Union Royal Commission that are publicly available;

(e) the volumes of the Final Report of the Trade Union Royal Commission that are publicly available.

Note 1: The Final Report of 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 2: Royal Commission records are explained in subsection 9(1) of the Act.

Custody of records

(2) For paragraph 9(2)(a) of the Act, the Royal Commission records are to be kept in the custody of the Secretary of the Department of the Prime Minister and Cabinet.

Giving certified copies of records

(a) the person or body is the owner of the record; and

(b) the record has not been returned to the person or body; and

Giving records for purposes of law enforcement etc.

(5) For paragraph 9(2)(c) of the Act, the circumstances in which the custodian of the Royal Commission records may give some or all of those records to a person or body are that the person or body:

(a) performs a function relating to law enforcement purposes within the meaning of section 9 of the Act; or

(b) is responsible for advising a Minister of the Commonwealth, of a State or of a Territory about the administration of a law of the Commonwealth, of that State or of that Territory.

Allowing access to records

(a) performs a function relating to law enforcement purposes within the meaning of section 9 of the Act; or

(b) is responsible for advising a Minister of the Commonwealth, of a State or of a Territory about the administration of a law of the Commonwealth, of that State or of that Territory.

Circumstances in which records may be given or access allowed not limited

(7) Subregulations (3), (4), (5) and (6) do not limit the circumstances in which the custodian of the Royal Commission records may:

(a) give a Royal Commission record to a person or body; or

(b) allow access to a Royal Commission record to a person or body.

Provisions of the Act not limited

(8) Subregulations (3), (4), (5) and (6) do not limit the operation of subsections 9(6) and (7) of the Act.

10 Custody and use of records—NT Royal Commission

Scope

(1) For the purposes of subsection 9(2) of the Act, this regulation applies in relation to Royal Commission records of the NT Royal Commission.

Note 1: The Final Report of the NT Royal Commission was presented to the Governor‑General on 17 November 2017 and tabled in the Parliament on the same day.

Note 2: Royal Commission records are explained in subsection 9(1) of the Act.

(2) To avoid doubt, a reference in this regulation to a Royal Commission record includes a reference to a part of a Royal Commission record.

Custody of records

(3) For the purposes of paragraph 9(2)(a) of the Act, the Royal Commission records are to be kept in the custody of the Secretary of the Attorney‑General’s Department (the custodian of those records).

Requesting copies of records given to Royal Commission

(4) For the purposes of paragraphs 9(2)(c) and (d) of the Act, if a person or body requests a copy of a Royal Commission record, or access to a Royal Commission record, circumstances in which the custodian of the record may give the person or body a copy of, or access to, the record are that:

(a) free access to the record is not publicly available (for example, by being published on the NT Royal Commission website); and

(b) the requesting person or body:

(i) gave the NT Royal Commission the record, or information or matter that the record contains or that can be obtained from it; or

(ii) is an authorised representative of a person or body to whom subparagraph (i) applies; and

(c) the request is not made on behalf of a State or Territory, or a Department of State or agency of a State or Territory; and

(d) 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.

Note: In 2019, the NT Royal Commission website could be viewed at https://childdetentionnt.royalcommission.gov.au.

(5) For the purposes of paragraphs 9(2)(c) and (d) of the Act, if 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 a Royal Commission record, or access to a Royal Commission record, circumstances in which the custodian of the record may give the person a copy of, or access to, the record are that:

(a) free access to the record is not publicly available (for example, by being published on the NT Royal Commission website); and

(b) the record, or information or matter that the record contains or that can be obtained from it, was given to the NT 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.

Note: In 2019, the NT Royal Commission website could be viewed at https://childdetentionnt.royalcommission.gov.au.

Access to records for law enforcement purposes

(6) For the purposes of paragraphs 9(2)(c) and (d) of the Act, circumstances in which the custodian of the Royal Commission records may give a copy of a Royal Commission record to a person or body, or allow a person or body access to a Royal Commission record, are that:

(a) free access to the record is not publicly available (for example, by being published on the NT Royal Commission website); and

(b) the person or body performs a function relating to law enforcement purposes; and

Note 1: For law enforcement purposes, see subsection 9(1) of the Act.

Note 2: In 2019, the NT Royal Commission website could be viewed at https://childdetentionnt.royalcommission.gov.au.

Way in which requests are responded to

(7) For the purposes of this regulation, the custodian of the Royal Commission records may:

(a) respond to a request by a person or body for a copy of a Royal Commission record by allowing the person or body access to the record; or

(b) respond to a request by a person or body for access to a Royal Commission record by giving a copy of the record to the person or body; or

(c) give a copy of a Royal Commission record, or allow access to a Royal Commission 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.

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.

No limitation on circumstances or operation of Act

(8) This regulation does not limit the circumstances in which the custodian of the Royal Commission records may:

(a) give a copy of a Royal Commission record to a person or body; or

(b) allow access to a Royal Commission record to a person or body.

(9) This regulation does not limit the operation of subsections 9(6) and (7) of the Act.

11 Custody and use of records—Child Sexual Abuse Royal Commission

Scope

(1) For the purposes of subsection 9(2) of the Act, this regulation applies in relation to Royal Commission records of the Child Sexual Abuse Royal Commission.

Note 1: The Final Report of 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 2: Royal Commission records are explained in subsection 9(1) of the Act.

(2) To avoid doubt, a reference in this regulation to a Royal Commission record includes a reference to a part of a Royal Commission record.

Custody of records

Requesting copies of records given to Royal Commission

(a) free access to the record is not publicly available (for example, by being published on the Child Sexual Abuse Royal Commission website); and

(b) the requesting person or body:

(i) gave the Child Sexual Abuse 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 under section 6OB of the Act—appeared at the private session; or

(iii) is an authorised representative of a person or body to whom subparagraph (i) or (ii) applies; and

(c) the request is not made on behalf of a State or Territory, or a Department of State or agency of a State or Territory; and

(d) 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.

Note: In 2019, the Child Sexual Abuse Royal Commission website could be viewed at https://www.childabuseroyalcommission.gov.au.

(a) free access to the record is not publicly available (for example, by being published on the Child Sexual Abuse Royal Commission website); and

(b) the record, or information or matter that the record contains or that can be obtained from it, was given to the Child Sexual Abuse 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.

Note: In 2019, the Child Sexual Abuse Royal Commission website could be viewed at https://www.childabuseroyalcommission.gov.au.

Access to records for law enforcement purposes

(a) free access to the record is not publicly available (for example, by being published on the Child Sexual Abuse Royal Commission website); and

(b) the person or body performs a function relating to law enforcement purposes; and

(d) 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 Child Sexual Abuse 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.

Note 1: For law enforcement purposes, see subsection 9(1) of the Act.

Note 2: In 2019, the Child Sexual Abuse Royal Commission website could be viewed at https://www.childabuseroyalcommission.gov.au.

Way in which requests are responded to

(7) For the purposes of this regulation, the custodian of the Royal Commission records may:

(a) respond to a request by a person or body for a copy of a Royal Commission record by allowing the person or body access to the record; or

(b) respond to a request by a person or body for access to a Royal Commission record by giving a copy of the record to the person or body; or

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.

No limitation on circumstances or operation of Act

(8) This regulation does not limit the circumstances in which the custodian of the Royal Commission records may:

(a) give a copy of a Royal Commission record to a person or body; or

(b) allow access to a Royal Commission record to a person or body.

(9) This regulation does not limit the operation of subsections 9(6) and (7) of the Act.

12 Custody and use of records—Banking, Superannuation and Financial Services Royal Commission

Scope

(1) For the purposes of subsection 9(2) of the Act, this regulation applies in relation to Royal Commission records of the Banking, Superannuation and Financial Services Royal Commission.

Note: Royal Commission records are explained in subsection 9(1) of the Act.

(2) To avoid doubt, a reference in this regulation to a Royal Commission record includes a reference to a part of a Royal Commission record.

Custody of records

Requesting copies of records given to Royal Commission

(a) free access to the record is not publicly available (for example, by being published on the Banking, Superannuation and Financial Services Royal Commission website); and

(b) the requesting person or body:

(i) gave the Banking, Superannuation and Financial Services Royal Commission the record, or information or matter that the record contains or that can be obtained from it; or

(ii) is an authorised representative of a person or body to whom subparagraph (i) applies; and

(c) 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.

Note: In 2019, the Banking, Superannuation and Financial Services Royal Commission website could be viewed at https://financialservices.royalcommission.gov.au.

Access to records for law enforcement purposes

(5) For the purposes of paragraphs 9(2)(c) and (d) of the Act, circumstances in which the custodian of the Royal Commission records may give a copy of a Royal Commission record to a person or body, or allow a person or body access to a Royal Commission record, are that:

(a) free access to the record is not publicly available (for example, by being published on the Banking, Superannuation and Financial Services Royal Commission website); and

(b) the person or body performs a function relating to law enforcement purposes; and

Note 1: For law enforcement purposes, see subsection 9(1) of the Act.

Note 2: In 2019, the Banking, Superannuation and Financial Services Royal Commission website could be viewed at https://financialservices.royalcommission.gov.au.

Way in which requests are responded to

(6) For the purposes of this regulation, the custodian of the Royal Commission records may:

(a) respond to a request by a person or body for a copy of a Royal Commission record by allowing the person or body access to the record; or

(b) respond to a request by a person or body for access to a Royal Commission record by giving a copy of the record to the person or body; or

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.

No limitation on circumstances or operation of Act

(7) This regulation does not limit the circumstances in which the custodian of the Royal Commission records may:

(a) give a copy of a Royal Commission record to a person or body; or

(b) allow access to a Royal Commission record to a person or body.

(8) This regulation does not limit the operation of subsections 9(6) and (7) of the Act.

Part 4—Application, savings and transitional provisions

13 Amendments made by the Royal Commissions Amendment (Service of Documents) Regulations 2018

The repeal and substitution of regulation 6 (service of notices and summonses) of these Regulations by the Royal Commissions Amendment (Service of Documents) Regulations 2018 applies in relation to:

(a) the Royal Commission into Aged Care Quality and Safety established by Letters Patent dated 8 October 2018; and

(b) a Royal Commission established on or after the day on which the Royal Commissions Amendment (Service of Documents) Regulations 2018 commenced.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Number and year	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
2001 No. 315	15 Oct 2001	15 Oct 2001
2006 No. 169	22 June 2006 (F2006L01948)	23 June 2006	—
2006 No. 375	14 Dec 2006 (F2006L04083)	15 Dec 2006	—
2008 No. 40	10 Apr 2008 (F2008L01052)	11 Apr 2008	—
54, 2013	11 Apr 2013 (F2013L00647)	12 Apr 2013	—

Name	Registration	Commencement	Application, saving and transitional provisions
Royal Commissions Amendment Regulation 2016 (No. 1)	16 Feb 2016 (F2016L00113)	17 Feb 2016 (s 2(1) item 1)	—
Royal Commissions Amendment (Service of Documents) Regulations 2018	10 Dec 2018 (F2018L01711)	11 Dec 2018 (s 2(1) item 1)	—
Royal Commissions Amendment (Custody of Records) Regulations 2019	4 Apr 2019 (F2019L00527)	5 Apr 2019 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
Part 1 heading.............	ad F2019L00527
r 2.....................	rep LA s 48D
r 3.....................	rep LA s 48C
r 4.....................	am No 375, 2006; F2016L00113; F2019L00527
Part 2
Part 2 heading.............	ad F2019L00527
r 6.....................	am. 2006 No. 169
	rs F2018L01711
r 7.....................	rs. No. 54, 2013
Part 3
Part 3 heading.............	ad F2019L00527
r 8.....................	ad. 2006 No. 375
	am. 2008 No. 40; F2016L00113
r 9.....................	ad F2016L00113
r 10....................	ad F2019L00527
r 11....................	ad F2019L00527
r 12....................	ad F2019L00527
Part 4
Part 4 heading.............	ad F2019L00527
r 13....................	ad F2018L01711