Appointment of Commissioner for the commission of inquiry into deaths of Aboriginals and Torres Strait Islanders in custody (Cth)

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 DANIEL JOHN O'DEA:

GREETING:

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 pursuant to the Constitution of Australia, the Royal Commissions Act 1902 and every other enabling power, appoint you to be a Commissioner to inquire into:

(a) deaths:

(i) in the State of Western Australia; and

(ii) where in a particular case, or any particular cases, you are so requested by the Honourable James Henry Muirhead under the original Commission - elsewhere in Australia;

since 1 January 1980 of Aboriginals and Torres Strait Islanders (including any such death that may occur after the date of these Our Letters patent) whilst in police custody, in prison or in any other place of detention, but not including such a death occuring in a hospital, mental institution, infirmary or medical treatment centre unless injuries suffered while in police custody, in prison or in any other place caused or contributed to that death; and

(b) any subsequent action taken in respect of each of those deaths including, but without limiting the generality of the foregoing, the conduct of coronial, police and other inquiries and any other things that were not done but ought to have been done:

AND We direct you:

(c) to consult generally with the Honourable James Henry Muirhead with regard to the methods and procedures to be followed in relation to his and your inquiries; and

(d) to conform with any guidelines issued or recommendations made by the Honourable James Henry Muirhead under the original Commission in relation to those methods and procedures;