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arrFiles=new Array();arrFiles[0]=new Array(1,"contact.htm","2005-02-26","Contact","","","About Scott Prasser Dr Scott Prasser may be contacted on: Work: (07) 5459 4494 After Hours: (07) 3366 6914 Mobile: 0402 381 736 Email: scottprasser@optusnet.com.au   sprasser@usc.edu.au Back to the Top",5);arrFiles[1]=new Array(2,"key_inquiries.htm","2005-02-26","Key Public Inquiries","","","Key Features of Public Inquiries Defining Public Inquiries Public Inquiries Exclude... Brief History of Public Inquiries In-Depth History Public inquiries have had major impacts on the direction of public policy. Listed below are just some of the hundred of inquiries that have been appointed and which are noteworthy. Commonwealth inquiries State inquiries General references Australia Canada New Zealand Sweden United Kingdom United States Commonwealth inquiries Royal Commission on Sites for Seat of Government of the Commonwealth (1903) – gave advice on where Australia ’s capital should be located. Royal Commission on Public Service Administration (1918) – responsible for establishing the modern Commonwealth Public Service. Royal Commission on Espionage (1954) – investigated the famous Petrov Russian spy issue that had a great impact on Australian politics. Royal Commission into the Federated Ship Painters’ and Dockers’ Union (1980) – responsible for uncovering corruption in the union movement, tax evasion schemes and incompetence and maladministration in the Australian Tax Office. Committee of Inquiry into Australian Financial System (1979) – lead to financial deregulation and a major influence on the direction of Australian economic policy. Commission of Inquiry into the Current Health Status of the Australian Population (1985) – gave impetus to more preventative health policies. Committee of Inquiry into Higher Education Funding (1987) – responsible for the introduction of the HECs system of students payment for university study.   Royal Commission of Inquiry into HIH (2001) – investigated the causes of Australia ’s largest corporate collapse. Back to the Top State inquiries Royal Commission into Organised Crime in New South Wales (1973) – exposed corruption in this area. Committee of Inquiry into Possible Illegal Activities and Associated Police Misconduct (1987) – the Fitzgerald Inquiry that brought down the long ensconced National Party Government in Queensland. Royal Commission into the State Bank of South Australia and the State Group of Companies (1991) – examined the actions of the South Australia State Bank that almost bankrupted the State. Royal Commission into Commercial Activities of Government and Other Matters (1991) – provided a full expose of WA Inc and Labor Party government corruption.   Board of Inquiry into Allegations of Corruption in the Police Force in Connection with Alleged Abortion Practices in the State of Victoria (1970) – brought to public light a major public scandal of non-enforcement of law.   Royal Commission into the Edmund Rouse Bribery Affair (1991) – Tasmania ’s first inquiry into political bribery. Back to the Top General references Below are some key articles and books on royal commissions and public inquiries. This is not a comprehensive list, but rather provides a basic introduction. More detailed references are found throughout the site. Australia   Borchardt, D.H., 1991, Commissions of Inquiry in Australia , La Trobe University Press, Bundoora Cushing, F., 1991, Australian Federal Government Inquiries: 5 December 1972 to 31 December 1990 , Commonwealth Parliamentary Library, Canberra   Prasser, S., 1985, “Public Inquiries in Australia : An Overview,” Australian Journal of Public Administration , Vol XL, No 1, March, 1-15   Lindell, G., 2002, Tribunals of Inquiry and Royal Commissions , Federation Press, Sydney Sherman, T., 1997, Executive Inquiries in Australia: Some Proposals for Reform , Centre for International and Public Law, Faculty of Law, Australian National University, Law and Policy Papers, Paper No 8, Canberra Weller, P., (ed), 1994, Royal Commissions and the Making of Public Policy , Macmillan, Melbourne   Canada Doern, B., 1967, “The Role of Royal Commissions in the General Policy Process and in Federal-Provincial Relations,” Canadian Public Administration, Vol 10, No 4, 417-433 Hodgetts, J.E., 1964, “Should Canada be De-Commissioned? A Commoner’s View of Royal Commissions,” Queens Quarterly , Vol 70, No 4, Winter, 477-483 D’Ombrain, N., 1997, “Public Inquiries in Canada ,” Canadian Public Administration , Vol 40, No 1, Spring, 86-107   New Zealand Simpson, A.C., 1978, “Commissions of Inquiry in the Policy Process,” in S. Levine, (ed), Politics in New Zealand: A Reader , Cheshire , Melbourne   Sweden Premfors, R., 983, “Government Commission in Sweden ,” American Behavioral Scientist , Vol 26, No 5, May-June, 623-642   United Kingdom Bulmer, M., 1983, Royal Commissions and Departmental Committees of Inquiry: The Lessons of Experience , Royal Institute of Public Administration, London Cartwright, T.J., 1975, Royal Commissions and Departmental Committees in Britain , Hodder and Stoughton , London Chapman, R.A. (ed), 1973, The Role of Commissions in Policy-Making , Allen and Unwin, London Rhodes, G., 1975, Committees of Inquiry , Allen and Unwin, London   United States Hanser, C.J., 1969, “Royal Commissions for the US?” in T.E. Cronin and S.D. Greenberg, (eds), The Presidential Advisory System , Harper and Row, New York, 305-311 Flitner, D., 1986, The Politics of Presidential Commissions: A Public Policy Perspective , Transacrions , New York Wolanin,T.R., 1975, Presidential Advisory Commissions: From Truman to Nixon , University of Wilconsin Press , Madison Back to the Top",14);arrFiles[2]=new Array(3,"commentries.htm","2005-02-26","Current Inquiries - Lastest Commentries","","","Latest Commentaries on Current inquiries Updates: Current Inquiries Search the News 15 / 02 / 2005 Scott Prasser: Confusion drives calls for detention investigation Scott Prasser: Confusion drives calls for detention investigation 15 February 2005 © The Australian The headlong rush and demand for an inquiry into the unfortunate events surrounding Cornelia Rau highlights the great confusion by the federal Opposition and others about exactly what they want and what is needed. The federal Government has announced an inquiry chaired by a former federal police commissioner, Mick Palmer, who will conduct his investigations privately. The Opposition suggests that this is not a public inquiry and that what is needed is a judicial and fully independent inquiry. Such complaints are unclear about what is meant by these terms or what the benefits of such a configured judicial inquiry would achieve -- other than the hope to embarrass the Howard Government. The federal Government \'s inquiry is essentially public. It is chaired by a person from outside of government who is no longer in service. Further, its terms of reference are open. Although the inquiry will be conducted behind closed doors, the Government has promised that its report will be released. Nor is there any suggestion that interested parties can \'t make submissions to the inquiry. So what \'s the problem? The Opposition is calling for a judicial and independent inquiry. What does it mean by this? First, there is no such thing as a judicial inquiry. What the Opposition is confusing is an inquiry chaired by a judge or a former judge or even some other legal professional. Usually such inquiries are appointed under the Royal Commissions Act, which gives them special powers to call witnesses. Such royal commissions are not judicial in any way. They do not operate like courts. They have powers of compulsion that courts of law cannot use. Nor can they judge anything. They can only make recommendations. Whether this concerns changes in policy or possible prosecution of individuals, such royal commissions -- similar to all other public inquiries -- can only advise government what to do. They cannot initiate anything. Importantly, royal commissions -- similar to all public inquiries -- act as agents of executive government, not independently as a court of law, although they may have the outward trappings of a court. They exist at the whim of executive government, their members are appointed by executive government, their terms of reference are determined by executive government and they are funded by executive government. Some even argue that royal commissions chaired by serving judges, as distinct from a retired public servant such as Palmer or someone from business, are not really independent because the judges are in effect on the public payroll. What we are confusing is judges in their normal settings of courts of law and judges serving on executive government-appointed public inquiries. There are precedents here from both sides of politics for there to be non-judicial-type inquiries without royal commission powers into complaints similar to those concerning Rau. Nor should we forget that royal commissions are not immune from attack. Who could forget prime minister Paul Keating \'s unprecedented attack on the Court government \'s Marks Royal Commission into the Carmen Lawrence affair or prime minister Malcolm Fraser \'s attack on the Woodward Royal Commission into the Australian Meat Industry? The last issue is whether a judicial or royal commission-type inquiry is really necessary. What is the problem that is to be investigated in the Rau case? Is it one of wrongdoing and corruption, where the investigatory powers of royal commissions are most appropriate, or is it one of poor policy co-ordination across both federal and state governments? It seems the Rau case is more about poor policy and inept administration than wilful corruption. What we need is a quick and incisive policy review and evaluation of existing arrangements. This is what the Palmer inquiry is seeking to do. A judicially led royal commission would be longwinded, expensive and, given some of their past performances, of dubious quality. Of course, Oppositions like such inquiries, as they increase the opportunities to highlight government flaws, while on the contrary, governments prefer limited and focused inquiries. The fundamental problem about the Rau issue has been the enveloping hysteria. It has been heightened because it tangentially concerns immigration, an issue that in relation to the Howard Government has sinister overtones for some. Consequently, the intrinsic and underlying policy problems that the Rau case highlights have been overlooked in the need to lay blame, find a scapegoat and get the Government. Scott Prasser is a senior lecturer on public administration at the University of the Sunshine Coast and author of Public Inquiries in Australia : Their Use and Abuse by Government (forthcoming). Back to the Top",12);arrFiles[3]=new Array(4,"index.htm","2005-02-26","Public Inquiries - Dr Scott Prasser","","","Want to know more about public inquiries? Learn about more this websites \' specialised services 15 / 02 / 2005 Scott Prasser: Confusion drives calls for detention investigation THE headlong rush and demand for an inquiry into the unfortunate events surrounding Cornelia Rau highlights the great confusion by the federal Opposition and others about exactly what they want and what is needed. The federal Government has announced an inquiry chaired by a former federal police commissioner, Mick Palmer, who will conduct his investigations privately. _______ CONTINUES.... Public Inquiries This website provides a comprehensive overview of the extent and use of the institutional phenomena known as public inquiries. ‘Public inquiries’ refers to temporary ad hoc public bodies appointed by executive government to investigate and advise on a breadth of issues and whose members are draw predominantly from outside of government. Public inquiries come in a wide range of different organisational forms and nomenclatures such as: royal commissions task forces committees reviews working parties commissions inquiries A more detailed definition of public inquiries and their delineation from other investigatory and advisory institutions of government is provided in Defining Public Inquiries .",8);arrFiles[4]=new Array(5,"quotes.htm","2005-02-26","Quotes on Public Inquiries","","","Inquiries in the Westminster System Use of Inquiries in Australia Use of Judges Royal Commissions Views about why governments appoint public inquiries Impact of public inquiries on public policy Inquiries in the Westminster system “It has long been common practice in British government and administration to establish formal means by which Ministers and governments can seek opinion and advice and information from outside the Civil Service on the formulation and administration of policy.” (Smith 1969: 2) Use of inquiries in Australia “Royal commissions and similar inquiries were a growth industry in Australia during the 1970s and1980s.” (Ransley 1994: 22) “A further source of diversity in policy advice has been the increasing use of public inquiries in various formats … Increasingly, governments sought to diversify their sources of advice by the use of ad hoc inquiries by high profile individuals, usually with a business background, to review particular policies and programs.” (Dent 2002: 109) “The use of specialist commissions and committees of inquiry serves a number of valuable purposes. These include: immediate action on a wider range of issues than would otherwise be possible ... availability of specialised skills ... providing a … channel of communication between Parliament and the people.” Prime Minister E. G. Whitlam, Garran Oration 12 November 1973 , 10 “The time has come to decommission Australia ...The nation is weighed down by a mass of commissions...and we must seriously question whether they are all necessary. In some cases they are useless, if not damaging.” Doug Anthony, MP The Australian , 8 August 1975 “The rabbit like growth of committees of inquiry and advisory bodies over the past three years is costing the Australian taxpayer millions of dollars…” The Australian , 8 December 1975 Public inquiries “can no longer be seen as aberrations from the so?called ‘normal’ institutions of government. Rather, public inquiries have become an essential part of the political system in general, and the policy making process in particular.” (Prasser 1985: 8) Back to the Top Use of judges “that the misuse of judges to inquire into administrative matters frequently involving issues of deep political controversy or suspected breaches of the criminal law, which was perhaps worse, would in the long run inevitably draw the judiciary into the realm of public controversy and criticism with danger of loss of public esteem and respect.” (Sir William Irvine 1922) Back to the Top Royal commissions “The royal commission stands at the apex of a neatly designed set of advisory committees ... they are the highest ranking of all advisory bodies and are usually reserved for the most important problems …” (Hanser 1965:35, 37) Back to the Top Views about why governments appoint public inquiries “Many citizens today are speculating as to why royal commissions are necessary – why they last so long…appear so costly…why should government have to appoint a commission, when they themselves are elected to solve such problems? On all sides one hears such remarks as, ‘Why should government have to appoint a Commission when they themselves are elected to solve such problems.” (Walls1969: 365) “A common allegation is that commissions are set up merely to get politicians off the hook on a current embarrassment. Once out of the way, the issue can…be forgotten and the report …shelved.” (Bulmer 1982: 97) “I’ve been around long enough to know that the prime function of politics is to win elections, and the function of commissions of inquiry is to throw enough dust to cover the facts…” Dr Colin McLachlan, quoted in regard to the Estens Inquiry, on Telstra services to regional Australia ( Sydney Morning Herald , 9 November 2002 ) Inquiries “are the confessions of governments of the inadequacy of normal institutions to cope with extraordinary situations.” (Slee1984) “usually, (not always) commissions are established because more conventional measures have failed; breakdown in proper procedure have occurred, and propriety in public life has failed; such circumstances call for unconventional measures”. (I.D.F. Callinan, “Commissions of Inquiry: A Necessary of Evil?,” Paper given to Tasmanian Bar Association Conference, Hobart 1988, 5) “Royal commissions reflect the limitations and incapacities of governments. They are created to undertake tasks that governments themselves are either unwilling or unable to do.” (Weller 1994: 259) “Why for example, do governments sometimes announce a change in policy without first appointing a committee and sometimes insist in apparently similar circumstances that it first necessary or desirable to appoint a committee.” (Rhodes 1975:19) “royal commissions and similar investigations are in the first place political instruments used by the government of the day for its own ends. Be that to exculpate itself, to nail political enemies … or to clean up an Augean stable in a government bureau or department.” (Borchardt 1991: 55) Back to the Top Impact of public inquiries on public policy “The failure to respond effectively to recommendations and revelations of commissions of inquiry has not been confined to any one government or one political party.” (Moffitt 1985: 119) “a royal commission is generally appointed, not so much for digging up the truth but for digging it in; and a government department appointing a royal commission is like a dog burying a bone, except that the dog does eventually return to the bone.” (Herbert 1961: 263-4) Back to the Top",13);arrFiles[5]=new Array(6,"defining.htm","2005-02-26","Defining Public Inquiries","","","Key Features of Public Inquiries Classifying Public Inquiries Key Issues of Public Inquiries Public Inquiries Exclude... Quotes of Public Inquiries In Australia, at both the Commonwealth and State level, there is no all-encompassing legislation comparable to the Canadian Inquiries Act under which all public inquiries have to be appointed. This would make their identification easier. The exceptions to this are royal commissions that are established under their own specific legislation. Commonwealth royal commissions are appointed under the Royal Commissions Act 1902 . Similar legislation occurs in all the States. This legislation confers on royal commissions specific powers of investigation that other inquires do not have. This is discussed later. A small number of public inquiries may also be established under other legislation. Key features of public inquiries sets out criteria by which public inquiries can be identified and distinguished from other advisory instruments. Key features of public inquiries The eleven key distinguishing features of public inquiries include: Non-permanent, ad hoc and temporary bodies and are not part of the normal public bureaucracy, or any ongoing advisory body; Established and appointed by executive government , by either cabinet, the prime-minister or premier and relevant minister. Public inquiries are not appointed by a department or existing agency by a senior departmental officer like consultancies or internal project teams. Funded totally by government , not by any external public or private sources. The executive government determines the level of resourcing. Inquiries have no resort to any special ongoing funding source from within or outside of government. Appointed and exist at the discretion of executive government not by parliament or some other institution of government. Moreover, this appointment is ad hoc . Discrete organisational units and are not part of any existing government agency, department or permanent advisory body. Have the majority of their membership drawn from outside of government and do not include sitting government ministers or backbenchers though occasionally inquiries may include senior public servants as members. Inquiries actively promote their existence to the wider community and are not secret bodies working inside government without public awareness of their appointment and tasks. Have clear terms of publicly stated reference . Actively seek public participation through public hearings, forums, interviews and seeking submissions from the general community or from targeted approaches to interest groups. Produce a report with recommendations and that is submitted to executive government and is ultimately made public. Sometimes, for legal or national security reasons the full details of an inquiry may not be publicly (eg 1984 Royal Commission into the Federated Ship Painters’ and Dockers’ Union ; the 1942 Royal Commission into Darwin was initially only provided to Cabinet and was not publicly released till 1945). Public inquiries only have advisory powers and cannot action their proposals. Even royal commissions whose reports appear to be making judgements about individuals or organisations can only make recommendations to other authorities with the appropriate powers and responsibilities to conduct follow up actions and where relevant, prosecutions. Back to the Top Public inquiries exclude Based on the criteria outlined above public inquiries exclude: Internal public service inquiries or committees such as inter-departmental committees (IDCs) or project teams: These are constituted totally by public servants and their reports are rarely made public. Their members are drawn totally from within the public service. Departmental policy research units : Although providing policy advice such units report directly to the public service hierarchy or minister and are totally constituted by public servants and their reports are not made public. Inquiries conducted by public servants sometimes on internal matters (eg discipline) or in relation to broader public policy issue because of their limited public exposure and often non-public release of their findings. Consultancies are excluded because their existence is often confidential, their reports private and their mechanisms of gathering information rarely involve extensive public consultation. Special policy research bureaux located in government departments, some of which are statutory based and therefore have some independence from the normal routines of government eg Australian Bureau of Agricultural Resource Economics (ABARE), Bureau of Resource Sciences (BRS), and the former Bureau of Immigration and Population Research. These bodies are npt public inquiries because they are permanent and ongoing bodies and although many of their reports are released, much of their work remains confidential. Permanent statutory advisory bodies or offices located more formally outside of government departments eg Law Reform Commission, Productivity Commission, Commonwealth Scientific and Industrial Research Organisation (CSIRO), and the Office of the Chief Scientist and Institute of Family Studies. Although having some features of public inquiries such as public processes of information gathering, their permanent and ongoing nature excludes them from being a public inquiry. Parliamentary committees use public processes of investigation and reporting and have powers to call witnesses, but are not public inquiries because their membership is partisan, dominated by government backbenchers and their reports are often regarded as biased and ‘political.’ ‘ Think Tanks’ most of which are independently funded, (eg Evatt Foundation, Menzies Research Centre, Sydney Institute, Centre for Independent Studies, Brisbane Institute) do conduct in depth investigations, research or ‘inquiries’ into topics and often release their reports. ‘Think tanks’ neither receive their references from government nor report to executive government. Also, their ongoing nature and limited public processes exclude these bodies as public inquiries. Inquiries established by government entities such as statutory boards rather than executive government are excluded as they are not appointed directly by executive government or report to government. For instance, the Howard Government’s Australian Science Capability Review conducted by Professor Batterham, the Commonwealth Chief Scientist, was not deemed a public inquiry despite its public processes of consultation, executive government appointment and publicly released report. This is because the Chief Scientist is a permanent statutory based office and the review was within the prescribed duties of that office. Another type of inquiry excluded are those appointed jointly by intergovernmental bodies. Back to the Top",13);arrFiles[6]=new Array(7,"indepth_history.htm","2005-02-26","History of Public Inquiries","","","Key Features of Public Inquiries Defining Public Inquiries Public Inquiries Exclude... Brief History of Public Inquiries Key Commonwealth Public Inquiries Neglected Arm of Executive Government Quotes of Public Inquiries Overview: historical use of inquiries To better understand public inquiries it is important to place public inquiries in a historical context both in Australia and internationally and to identify key trends in their use. Public inquiries have a long history in Commonwealth and Westminster democracies such as the United Kingdom , Australia , Canada and New Zealand and other related countries such as the United States . United Kingdom In the United Kingdom , public inquiries, most notably in the form of royal commissions, have been used extensively, initially as a means by which the Crown could obtain advice or inquire into specific issues and wrong doings outside of other institutions such as parliament. The origin of royal commissions may be traced back to eleventh century England with William the Conqueror’s appointment of an ‘inquiry’ to prepare the Domesday Book of land ownership During the nineteenth century over 400 royal commissions were appointed by governments as a means of obtaining expert advice on a wide variety of issues such as health, education, labour reform, public administration, welfare and factory legislation . Such extensive use of public inquiries has continued in the during the twentieth century. In addition to royal commissions the other form of ad hoc public inquiry used in the United Kingdom has been the departmental committee of inquiry. These bodies are appointed by the minister rather than the Crown and in practice are not seen to be in distinguishable from royal commissions in terms of their activities and roles. Use of public inquiries remained consistent up until the Thatcher Conservative Government (1979-1991). Since then, inquiry numbers, especially royal commissions fell. The Thatcher Government appointed no royal commission. The subsequent, major Conservative government only appointed one. Greater reliance was made on policy support located in or near the Prime Minister’s office. The Blair Labour Government has followed in this direction, though there was an initial increase in the more informal inquiries. Back to the Top Canada In Canada , public inquiries, again mainly in the form of royal commissions, have been used in considerable numbers since confederation in 1867. Indeed, during the latter half of the nineteenth century their use exceeded that of the United Kingdom . Public inquiries have been prevalent throughout the twentieth century and been seen as having major impacts on pivotal events in Canada ’s history. In recent times the use of such public inquiries has declined sharply in terms of both numbers and the importance of the issues they have been asked in to investigate. Some have lamented this decline. Back to the Top New Zealand Inquiries, mostly royal commissions, have long been used in New Zealand . Appointed under the Commissions of Inquiry Act 1908, their numbers have been fewer than Australia or Canada . Between 1868 and 1981 thirty-seven royal commissions were appointed, compared to 350 in Canada and 130 in Australia . The topics have been at times significant and on controversial issues. For instance, there have been royal commissions to review the social security system, birth contraception, the electoral system and nuclear power generation, and most recently, into genetic food modification. This latter royal commission reported in 2002 and was an important issue during the national elections that year. One New Zealand royal commissions deserving attention was the 1981 Royal Commission into the Mount Erebus Airline Crash . It generated considerable controversy as the basis of its findings was successfully challenged by Air New Zealand in the British Privy Council. This scuttled a major thrust of the royal commission, and lead its chair, Mr Justice Mahon, to resign from his New Zealand Supreme Court position. Back to the Top United States In the United States , the most predominant form of external public inquiry at the national level outside the extensive Congressional committee system has been the presidential commission or task force. These have been compared to the British royal commission in terms of status and importance. While presidential commissions may be traced back to the early days of the Republic, their present and modern form originated with President Theodore Roosevelt. Since then, both Republican and Democrat administrations have used presidential commissions extensively. Presidential commissions are established by presidential executive order under the under the Federal Advisory Committee Act that confers on these bodies limited powers of investigation. It also requires the President to give a formal response within twelve months of a presidential commission report being submitted. Back to the Top Australia Australia too has a long history in the use of ad hoc public inquiries. Indeed, while still a penal colony Australia’s first inquiry was the appointment by the Secretary of Colonies of J.T. Bigge in 1819 to report on the state of new colony and in particular the administration of Governor Macquarie. As each of the colonies gained self government, public inquiries, mainly in the form of royal commissions, were regularly appointed. The topics they investigated included native police, charities, civil service ( New South Wales ), defence, local government, sugar industry, mining accidents ( Queensland ); education, factory regulation, Murray River ( Victoria ) and so forth. The States continued to appoint royal commissions after federation. At the Commonwealth level the first public inquiry following federation (see Section XX ) was a royal commission established in 1902 concerning the transportation of troops from South Africa . Other royal commissions and more general inquiries followed ( see Section XX ). Under Non-Labor governments during the post World War Two period, the number of Commonwealth public inquiries declined. This changed with the election in 1972 of the Whitlam Labor Government (1972-75) that saw a large increase in public inquiries in wide variety of forms and providing advice on a numerous topics. Subsequent Coalition and Labor governments sustained this increased use of inquiries. The Howard Coalition Government too, has appointed many public inquiries, but at a rate that less then its predecessors. Back to the Top Public Inquiries – An important, but neglected arm of executive government This extensive and ongoing use of public inquiries in United Kingdom , United States , Canada , New Zealand and Australia suggests that these bodies, despite their ad hoc character, temporary tenure and lack of formal constitutional standing, are not an aberration of government. Rather, such bodies have played significant and ongoing roles in modern governments. They have investigated a wide range of topics, some of which have been pivotal to major policy developments. They have involved extensive consultation. Nevertheless, public inquiries have been a neglected area of study. In discussions about policy advice, the role of public inquiries as an important instrument, has been overlooked, neglected and in some cases rejected. Too often attention has focussed on individual inquiries rather than assessing inquiries as a distinct institution of executive government with particular characteristics that gives it a certain advantages over other advisory mechanisms. Back to the Top",14);arrFiles[7]=new Array(8,"key_issues.htm","2005-02-26","Key Issues About Public Inquiries","","","Key Features of Public Inquiries Defining Public Inquiries Public Inquiries Exclude... Brief History in Public Inquiries In-Depth History Quotes of Public Inquiries The key issues about public inquiries are: Clarifying and defining public inquiries so as to distinguish them form other bodies – there has often been considerable confusion as to what really constitutes a ‘public inquiry’. Appreciating the long term historical use of public inquiries – public inquiries are not the result of particular governments but have a long history in Australia and have been used by governments of all political persuasions ; Australian adaptation of public inquiries – public inquiries have been inherited from the Westminster system. The issue is how have inquiries, like other institutions, been modified in the Australian political environment; Increased and sustained use of public inquiries in Australia since the 1970s is opposite international trends and deserves explanation; Assessing public inquiries’ roles in the political system – just what roles and functions do public inquiries serve in the political system. Concern about the powers of certain public inquiries – with the increased numbers of royal commissions with their coercive powers of investigation there has been growing concern by civil libertarians about the impact of this trend; Use of members of the judiciary to chair inquiries (mostly royal commissions) and its impact on undermining the separation of powers has long been a concern in Australia . With the increased numbers of royal commissions since the 1980s this concern has been given renewed impetus; Why public inquiries are appointed and in what circumstances, when there are existing advisory bodies in place have been one of the perennial issues about public inquiries. The increasing numbers of public inquiries in Australia along with the growth of new advisory sources (eg ministerial minders, consultancies, think tanks) makes this an even a more pertinent issue. It is also one of the hardest issues to resolve given the executive nature of public inquiry appointments; Impact of inquiry reports – just what impact on government policy and decisions do inquiries with their reports and recommendations have has bee a critical issue. Some see inquiries as necessary adjuncts to rational decision making, while others are more cynical and believe inquiries are a waste of time and effort; Costs of inquiries – inquiries appointed during the last two decades have broken all records in terms of their costs. This has raised concerns from both sides of politics. Back to the Top",8);arrFiles[8]=new Array(9,"classifying.htm","2005-02-26","Classifying Public Inquiries","","","Key Features of Public Inquiries Defining Public Inquiries Key Issues of Public Inquiries Public Inquiries Exclude... Quotes of Public Inquiries Numerous typologies have been suggested for classifying public inquiries such as their powers, forms, memberships, policy issues, roles, and functions. This website classifies public inquiries in terms of whether they are: Inquisitorial/investigatory inquiries or Policy advisory inquiries Inquisitorial inquiries These include all those investigating allegations or seeking to find the cause of a particular catastrophic event such as an accident or to check some allegation or suspected impropriety. The tasks of such inquiries are to check and verify facts, hear and cross-examine witnesses and come to conclusions about allocating responsibility or blame. Royal commissions, with their special coercive powers of investigation, dominate this category and in Australia represent nearly 70 per cent of all national inquisitorial inquiries. Given the nature of their tasks it is not surprising that most inquisitorial inquires are chaired by members drawn from the legal profession or judiciary and use quasi-legal procedures. Inquisitorial inquiries are usually single member bodies. Policy advisory inquiries Policy inquiries seek to provide advice to government on a wide range of issues. They are not concerned with investigating allegations, improprieties or the causes of some disaster. Rather, their aim is to inform, summarise, and propose to government possible solutions to particular policy problems based on research and/or consultation with key interests. Procedurally, policy inquires gain information by co-operative consultation such as hearings and submissions and by some supplementary research rather than by coercive measures. They rely on their status as an executive appointed body to attract submissions and support. The predominant feature of the policy inquiry process is on listening, gaining an appreciation of issues, and understanding the range of views and opinions, rather than seeking the ‘one truth’ or ‘solution’ about an issue. ost policy inquiries are multi-member bodies. Membership has ranged from two to sixteen. Such multi-membership reflects the wider range of roles that policy public inquires perform other than providing expert advice. While policy inquiries have expert or professional based membership in relation to the policy issue under consideration, they also include members who represent the different interest groups relevant to the policy area under consideration. Only policy inquires have members drawn from such a wide range of different professional groupings, interest groups or academic disciplines. This is how public inquiries partly perform their consultative role in policy development. Back to the Top",8);arrFiles[9]=new Array(10,"services.htm","2005-02-26","Public Inquiries Website Services","","","Quotes of Public Inquiries Want to know more about public inquiries? More specialised services are also offered including: Distinctions between royal commissions and other forms public inquiries Governments’ appointment of inquiries: Partisanship Trends in use Lists of Australian public inquiries Issues in establishing public inquiries Issues in making submissions to public inquiries Ensuring implementation of inquiry recommendations Deflecting public inquiry recommendations Case studies of inquiries in action",4);arrFiles[10]=new Array(11,"history.htm","2005-02-26","A Brief History of Public Inquiries","","","Key Features of Public Inquiries Defining Public Inquiries Public Inquiries Exclude... In-Depth History Key Commonwealth Public Inquiries Quotes of Public Inquiries Public inquiries, of which royal commissions are but one type, have a long history in Westminster systems of government like Australia , United Kingdom , Canada and New Zealand . In the United Kingdom their origin may be traced back to the eleventh century when William the Conqueror appointed a team to audit his newly acquired kingdom that were detailed in a report called the Domesday Book . Since then, public inquiries, often in the form of a royal commission, have been appointed in Westminster governments. In the United Kingdom royal commissions in the form we are familiar with today were used extensively during the nineteenth century to advise governments on a wide range of important public policy issues. This has continued since. Canada , Australia and New Zealand followed in this practice and have appointed numerous public inquiries. In Australia , State governments initially lead the way. Soon after federation in 1901, the Commonwealth government appointed its first public inquiry, in the form of a royal commission, in 1902. In subsequent decades, numerous other inquiries followed. Public inquiries in Australia have been appointed to investigate a wide variety of topics – public policy issues, allegations of wrongdoing by government member or official or investigations into the causes of some major disaster. The reasons inquiries are appointed are discussed later ( Section X ). In other democracies like the United States of America public inquiries in the form of presidential commissions have been used. So too, in Sweden , are commissions of inquiry with prescribed memberships, an integral part of this nation’s highly consensus and consultative style of decision-making. 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