Royal Commission into the Protection and Detention of Children in the Northern Territory

Margaret White AO
Mick Gooda

Inquiry period28 July 2016 (2016-07-28) – 17 November 2017 (2017-11-17)Constituting instrumentRoyal Commissions Act 1902Websitechilddetentionnt.royalcommission.gov.au

The Royal Commission into the Protection and Detention of Children in the Northern Territory^[1] is a Royal Commission established in 2016 by the Australian Government pursuant to the Royal Commissions Act 1902 to inquire into and report upon failings in the child protection and youth detention systems of the Government of the Northern Territory. The establishment of the commission followed revelations broadcast on 25 July 2016 by the ABC TV Four Corners program which showed abuse of juveniles held in the Don Dale Juvenile Detention Centre in Darwin.

Letters Patent for the Royal Commission were issued on 28 July 2016 and reissued on 1 August appointing joint Commissioners The Honourable Margaret White AO and Mick Gooda.^[2]^[3]

The final report for the Royal Commission was tabled to the Australian Parliament on 17 November 2017.^[4]

Background

On 25 July 2016, the ABC Four Corners investigative program aired an episode titled "Australia's Shame". The program featured youth held in the Don Dale Juvenile Detention Centre in Darwin. The following morning, Prime Minister Turnbull announced that there would be a Royal Commission into the Northern Territory juvenile detention system.^[5]^[6]

Turnbull stated on ABC Radio that the Royal Commission would be set up "as soon as possible" and the relevant parties would make moves "very quickly". He further stated that "Like all Australians, we are shocked by the report, by that evidence on Four Corners last night. We have moved swiftly to get to the bottom of it. We need to get all the facts out as quickly as we can. We need to expose the cultural problems, the administrative problems that allowed this type of mistreatment to occur."^[7] When questioned about whether or not the Northern Territory government itself should be investigated, Turnbull pressed that "the important thing is to get to the bottom of what happened at Don Dale."^[8]

On 28 July 2016, Turnbull named The Honourable Brian Ross Martin AO, QC, a former Chief Justice of the Supreme Court of the Northern Territory, as commissioner to conduct the inquiry and announced the terms of reference.^[9]^[10]^[11]

Martin resigned as commissioner four days after being appointed due to community and political pressure over his appointment, saying that "rightly or wrongly, in this role I would not have the full confidence of sections of the Indigenous community which has a vital interest in this inquiry."^[12] The Attorney-General George Brandis appointed the replacement joint Commissioners The Honourable Margaret White and Mick Gooda that same day.^[2]

Brandis stated that the royal commission would examine the period since the Northern Territory Youth Justice Act came into operation in 2006 and focus on why two reports into the youth justice system — including one relating to the Don Dale Centre — were not sufficiently followed up. The two reports are the Review of the Northern Territory Youth Detention System Report of January 2015 and the Report of the Office of the Children's Commissioner of the Northern Territory about services at the Don Dale Youth Detention Centre of August 2015.^[10]^[13]

Terms of reference

On 28 July 2016, Governor-General General Sir Peter Cosgrove AK, MC issued Commonwealth Letters Patent appointing Martin as commissioner and the commission's terms of reference. The commissioner was directed to examine "...failings in the child protection and youth detention systems of the Government of the Northern Territory; the effectiveness of any oversight mechanisms and safeguards to ensure the treatment of detainees was appropriate; cultural and management issues that may exist within the Northern Territory youth detention system; whether the treatment of detainees breached laws or the detainees’ human rights; and whether more should have been done by the Government of the Northern Territory to take appropriate measures to prevent the reoccurrence of inappropriate treatment."^[11]

Despite the Northern Territory having its own government, the Territory is officially administered under the Commonwealth of Australia, and the Commonwealth Letters Patent covered its jurisdiction.

The executive of the Aboriginal Medical Services Alliance Northern Territory said that Turnbull undermined the royal commission by permitting Chief Minister Adam Giles, who had ultimate responsibility for the events at the Don Dale Youth Detention Centre, to have a say in drawing up the terms of reference. Peak Aboriginal organisations, including the Northern and Central Land Councils, AMSANT, the Aboriginal and Torres Strait Islander Social Justice Commissioner and legal groups, were also critical of Martin's appointment.^[14] The federal Opposition said they were not consulted in the drawing up of the terms of reference,^[15] and called for the appointment of two Indigenous co-commissioners.^[16]

As a result of the resignation of Martin on 1 August 2016, Governor-General General Sir Peter Cosgrove AK, MC issued Commonwealth Letters Patent appointing White and Gooda as joint Commissioners and the Commission's terms of reference. The Commissioners have been directed to examine "...failings in the child protection and youth detention systems of the Government of the Northern Territory; the effectiveness of any oversight mechanisms and safeguards to ensure the treatment of detainees was appropriate; cultural and management issues that may exist within the Northern Territory youth detention system; whether the treatment of detainees breached laws or the detainees’ human rights; and whether more should have been done by the Government of the Northern Territory to take appropriate measures to prevent the reoccurrence of inappropriate treatment.^[17]

Procedures and methods

Powers

The powers of Royal Commissions in Australia are set out in the enabling legislation, the Royal Commissions Act 1902 (Cth). Royal Commissions, appointed pursuant to the Royal Commissions Act or otherwise, have powers to issue a summons to a person to appear before the Commission at a hearing to give evidence or to produce documents specified in the summons; require witnesses to take an oath or give an affirmation; and require a person to deliver documents to the Commission at a specified place and time.^[18] A person served with a summons or a notice to produce documents must comply with that requirement, or face prosecution for an offence. The penalty for conviction upon such an offence is a fine of A$1,000 or six months imprisonment.^[19] A Royal Commission may authorise the Australian Federal Police to execute search warrants.^[20]

References

^ ^a ^b "Royal Commission into the Protection and Detention of Children in the Northern Territory". Attorney-General for Australia. Government of Australia. 28 July 2016. Retrieved 31 July 2016.
^ ^a ^b Hunter, Fergus (1 August 2016). "NT juvenile detention royal commissioner Brian Martin resigns days after appointment". The Age. Fairfax. Retrieved 1 August 2016.
^ "Letters Patent" (PDF). Australian Government. 1 August 2016. Register of Patents No. 51, Page 54. Retrieved 11 August 2016.
^ "Royal Commission into the Detention and Protection of Children in the Northern Territory". Australian Government. Royal Commissions. Retrieved 8 October 2019.
^ Riordan, Primrose (26 July 2016). "Malcolm Turnbull to call royal commission into NT child 'torture'". The Australian Financial Review. Retrieved 26 July 2016.
^ "Malcolm Turnbull plans royal commission into NT youth centres after damning Four Corners report". News.com.au. 26 July 2016. Retrieved 26 July 2016.
^ Butler, Josh (26 July 2016). "Turnbull Announces Royal Commission Into Horror Abuse In NT Youth Detention". The Huffington Post). Retrieved 26 July 2016.
^ Hunter, Fergus (26 July 2016). "Malcolm Turnbull calls royal commission into youth abuse at Northern Territory's Don Dale detention center". The Sydney Morning Herald. Retrieved 26 July 2016.
^ Kenny, Mark; Koziol, Michael (28 July 2016). "Prime Minister Malcolm Turnbull broadens Northern Territory abuse inquiry". The Age. Retrieved 29 July 2016.
^ ^a ^b "Letters patent" (PDF). Attorney-General's Department. Australian Government. 28 July 2016. Retrieved 28 July 2016.
^ ^a ^b Turnbull, Malcolm (28 July 2016). "Royal Commission into the Child Protection and Youth Detention Systems of the Government of the Northern Territory" (Press release). Canberra: Australian Government. Retrieved 28 July 2016.
^ "Royal commissioner resigns four days after being appointed by PM". Australian Broadcasting Corporation. 1 August 2016.
^ Gywnne, Colleen (20 August 2015). "OWN INITIATIVE INVESTIGATION REPORT SERVICES PROVIDED BY THE DEPARTMENT OF CORRECTIONAL SERVICES AT THE DON DALE YOUTH DETENTION CENTRE" (PDF). The Children's Commissioner Northern Territory. Retrieved 29 July 2016.
^ Damien Murphy; Fergus Hunter (29 July 2016). "Aboriginal groups push back against the royal commission, Brian Ross Martin". The Age. Retrieved 30 July 2016.
^ Fergus Hunter (29 July 2016). "Turnbull, Brandis defend NT abuse royal commission amid consultation hostilities". The Age. Retrieved 30 July 2016.
^ Damien Murphy (30 July 2016). "Bill Shorten calls for changes to NT juvenile justice royal commission". The Age. Retrieved 31 July 2016.
^ "Appointments to the Royal Commission into the Child Protection and Youth Detention Systems of the Northern Territory". Commonwealth of Australia. 1 August 2016. Retrieved 26 August 2016.
^ "ROYAL COMMISSIONS ACT 1902 - SECT 2 Power to summon witnesses and take evidence". Austlii.edu.au. Retrieved 23 January 2014.
^ "ROYAL COMMISSIONS ACT 1902 - SECT 3 Failure of witnesses to attend or produce documents". Austlii.edu.au. Retrieved 23 January 2014.
^ "ROYAL COMMISSIONS ACT 1902 - SECT 4 Search warrants". Austlii.edu.au. Retrieved 23 January 2014.

External links

Turnbull, Malcolm; Brandis, George; Martin, Brian (28 July 2016). "Press Conference with Attorney General & Hon Brian Martin AO QC Canberra" (transcript). Prime Minister of Australia: Media. Canberra: Australian Government.

Royal Commissions of the Commonwealth of Australia

1901–1920

1901–1910

1901–1905

to inquire into and report upon the arrangements made for the transport of troops returning from service in South Africa in the S.S. "Drayton Grange" (1902)
on sites for the seat of government of the Commonwealth (1903)
on the Bonuses for Manufactures Bill (1903–1904)
on the butter industry (1904–1905)
on the Navigation Bill (1904–1906)
on the affray at Goaribari Island, British New Guinea, on the 6th of March, 1904 (1904)
on customs and excise tariffs (1904–1907)
on old-age pensions (1905–1906)
on the tobacco monopoly (1905–1906)

1906–1910

on ocean shipping service (1906)
British New Guinea—Royal Commission of inquiry into the present conditions, including the method of government, of the Territory of Papua, and the best means of their improvement (1906–1907)
on secret drugs, cures, and foods (1906–1907)
on postal services (1908–1910)
on insurance (1908–1910)
on stripper harvesters and drills (1908–1909)
on Tasmanian customs leakage (1910–1911)

1911–1920

1911–1912	on the sugar industry (1911–1912) on the pearl-shelling industry (1912–1916) on the fruit industry (1912–1914)
1913–1914	to inquire into certain charges against Mr. Henry Chinn (1913) on Northern Territory railways and ports (1913–1914) on powellised timber (1913–1914) upon the Commonwealth electoral law and administration (1914–1915) on meat export trade (1914) on food supplies and trade and industry during the war (1914)
1915–1916	on mail services and trade development between Australia and the New Hebrides (1915) on Liverpool Military Camp, New South Wales (1915) on the charges made by D. L. Gilchrist concerning the construction of the western section of the Kalgoorlie to Port Augusta Railway (1916) to inquire into and report upon certain charges against the Administrator and other officers of the Northern Territory Administration (1916) on Federal Capital Administration (1916–1917)
1917–1918	on Java and the East Indies, Singapore and the Straits Settlements (1917–1918) on Navy and Defence Administration (1917–1919) on the war—Australian Imperial Force. Report as to number of members fit for active service and number of reinforcements and enlistments required (1918) on Public Service administration, Commonwealth of Australia (1918–1920) upon the public expenditure of the Commonwealth of Australia with a view to effecting economies (1918–1921) on taxation of leasehold estates in Crown lands (1918–1919) on the basic wage (1919–1920)
1919–1920	on the sugar industry (1919–1920) on industrial troubles on Melbourne wharfs (1919–1920) on late German New Guinea (1919–1920) to inquire into complaints by the munition worker passengers to Australia by the transport "Bahia Castillo" (1919) on Northern Territory Administration (1919–1920) on taxation (1920–1923) on the increase of the selling price of coal (1920)

1921–1940

1921–1930

1921–1922	on the matter of uniform railway gauge (1921) on pillaging of ships' cargoes (1921) on Cockatoo Island Dockyard (1921) upon the loyalty to the British Crown of German Nationals resident in Australia whose property is liable to a charge created by the Treaty of Peace Regulations made under the Treaty of Peace (Germany) Act 1919–1920 (1921)
1923–1924	on the circumstances attending the supposed loss at sea of the steamship "Sumatra" (1923) in connection with sugar purchases by the Commonwealth through Mr. W. E. Davies in September and October, 1920 (1923–1924) in connection with joinery supplied to the War Service Homes Commissioner in March, 1920 (1923–1924) on the Navigation Act (1923–1925) on national insurance (1923–1927) on the method for determining the unimproved value of land held under Crown leases (1924–1925) on the assessment of war service disabilities (1924–1925) to inquire into extracts from the reports in Parliamentary Debates of speeches made by Mr. Scullin in the House of Representatives on 7 and 19 August 1924, in relation to land tax matters (1924–1925) on the finances of Western Australia, as affected by Federation (1924–1925)
1925–1926	on health (1925–1926) on Norfolk Island affairs (1926) on certain matters in connexion with the British Phosphate Commission (1926)
1927–1928	on wireless (1927) on the Edie Creek (New Guinea) leases (1927) on the Moving Picture Industry in Australia (1927–1928) on the Constitution (Australia)
1929–1930	on the coal industry (1929) to inquire into allegations affecting members of the Parliamentary Joint Committee of Public Accounts in connexion with claims made by broadcasting companies against the Commonwealth Government (1930)

1931–1940

1931–1935

on Jacob Johnson (1931)
on performing rights (1932–1933)
on taxation (1932–1934)
on mineral oils and petrol and other products of mineral oils (1933–1935)
on the wheat, flour and bread industries (1934–1936)
to inquire into and report upon the circumstances associated with the retirement of Lieutenant-Commander Alan Dermot Casey from the Royal Australian Navy (1934)
to inquire into the monetary and banking systems at present in operation in Australia (1935–1937)

1936–1940

on doctors' remuneration for national insurance service and other contract practice (1938)
regarding the contract for the erection of additions to the General Post Office, Sydney (1939)

1941–1960

1941–1950

to inquire into and report upon the contract or contracts with Abbco Bread Co. Pty. Limited for the supply of bread to the Department of the Army, and other matters (1941)
to inquire into circumstances under which certain public monies were used and to whom, and for what purposes such moneys were paid (1941)
an inquiry into a statement that there was a document missing from the official files in relation to "The Brisbane Line" (1943)
to inquire into and report upon certain transactions of the Sydney Land Sales Control Office, and the Canberra Land Sales Control Office of the Treasury (1947)
to inquire into certain transactions in relation to timber rights in the Territory of Papua-New Guinea (1949)

1951–1960

on the Port Augusta to Alice Springs Railway (1951–1952)
on television (1953–1954)
on espionage (1954–1955)

1961–1980

1961–1970

on alleged improper practices and improper refusal to co-operate with the Victoria Police Force on the part of persons employed in the Postmaster-General's Department in Victoria in relation to illegal gambling (1962–1963)
on loss of HMAS Voyager (1964)
on the statement of Lieutenant Commander Cabban and matters incidental thereto (1967–1968)
into exploratory and production drilling for petroleum in the area of the Great Barrier Reef (1970–1975)

1971–1980

1971–1975

Aboriginal Land Rights Commission (1973–1974)
Australian Post Office Commission of inquiry (1973–1974)
of Inquiry into land tenures (1973–1976)
on petroleum (1973–1976)
of Inquiry into the maritime industry (1973–1976)
Independent Inquiry into Frequency Modulation Broadcasting (1973–1974)
of Inquiry into transport to and from Tasmania (1974–1976)
on Australian Government Administration (1974–1976)
on human relationships (1974–1978)
on intelligence and security (1974–1977)
into alleged payments to maritime unions (1974–1976)
to inquire into and report upon certain incidents in which Aborigines were involved in the Laverton area (1975–1976)
on Norfolk Island (1975–1976)

1975–1980

of Inquiry into drugs (1977–1980)
of Inquiry into matters in relation to electoral redistribution Queensland, 1977 (1978)
of Inquiry into the efficiency and administration of hospitals (1979–1981)
of Inquiry into the viability of the Christmas Island phosphate industry (1979–1980)
on the activities of the Federated Ship Painters and Dockers Union (1980–1984)

1981–2000

1981–1990

1981–1985

of Inquiry into Drug Trafficking (1981–1983)
into the activities of the Australian Building Construction Employees' and Builders Labourers' Federation (1981–1982)
into Australian meat industry (1981–1982)
of Inquiry into the activities of the Nugan Hand Group (1983–1985)
on the use and effects of chemical agents on Australian personnel in Vietnam (1983–1985)
on Australia's security and intelligence agencies (1983–1985)
of Inquiry into compensation arising from social security conspiracy prosecutions (1984–1986)
into British nuclear tests in Australia (1984–1985)
of inquiry into alleged telephone interceptions (1985–1986)

1986–1990

of inquiry into Chamberlain convictions (1986–1987)
into grain storage, handling and transport (1986–1988)
into Aboriginal Deaths in Custody (1987–1991)

1991–2000

of Inquiry into the Australian Secret Intelligence Service (1994–1995)
of Inquiry into the leasing by the Commonwealth of accommodation in Centenary House (1994)
of Inquiry into the relations between the CAA and Seaview Air (1994–1996)

2001–2020

2001–2010