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The Fitzgerald Inquiry Report

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The Fitzgerald Inquiry Report LIST OF APPENDICES 1 . Commissions of Inquiry Act 1950-1989 2 . Order in Council of 26 May 1987 published in the Gazette of that date Order in Council of 24 June 1987 published in the Gazette of that date Order in Council of 25 August 1988 published in the Gazette of that date 3 . Staff of the Commission 4 . Staff of the Court Reporting Bureau who recorded the evidence 5 . Queensland State Government Protective Security Service staff who performed security duty at the Commission’s offices and at the public sittings 6 . Public advertisements 7 . Copy current application for indemnity from prosecution 8 . Copy grant of indemnity from prosecution 9 . Witnesses granted conditional indemnity from prosecution 10. Alphabetical list of witnesses who appeared before the Commission 11 . List of persons and organizations granted leave to appear before the Commission 12. List of exhibits 13 . List of submissions received by the Commission 14. List of persons who submitted academic or research papers 15 . Rulings and remarks made by Commission 16. Chronology of major events of the Commission of Inquiry 17. Ministerial responsibility for the Police Department- 1968 to present 18 . List of Commissioners of Police-l 958 to present 19. List of media organizations which regularly had journalists present to report the public sittings of the Inquiry 20. Letter to the Premier dated 26 October, 1988 21 . List of police officers represented at the National Hotel Royal Commission 22. Alphabetical list of names of police officers, former police officers and others in paragraph 10 of the amended statement of claim in Terence Murray Lewis v. Australian Broadcasting Commission 23. Names of police officers, former police officers and others listed in paragraph 10 of the amended statement of claim in Anthony Murphy v. Australian Broadcasting Commission in addition to those appearing in Appendix 22 Al APPENDIX 1 NOTICE This Consolidation of the COMMISSIONS OF INQUIRY ACT 19504989 was produced as a ready reference work by the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct. It is not an official consolidation approved by Parliamentary Counsel. For this reason the edition should not be presented or quoted in any legal proceedings. For such purposes it is suggested that it will still be necessary to refer to the latest official consolidation and subsequent amendments. QUEENSLAND COMMISSIONS OF INQUIRY ACT 19504989 Commissions of Inquiry Act of 1950, 15 Geo. 6 No. 2 As amended by Commissions of Inquiry Act Amendment Act of 1954, 3 Eliz. 2 No. 38 Commissions of Inquiry Act Amendment Act of 1987, No. 59 Commissions of Inquiry Act Amendment Act 1988, No. 30 Commissions of Inquiry Act and Other Acts Amendment Act 1988, No. 58 Corrective Services (Consequential Amendments) Act 1988, No. 88 Commissions of Inquiry Act Amendment Act 1989, No. 2 Acts Interpretation Act and Another Act Amendment Act 1989, No. 28 An Act to Make Further and Better Provision for Facilitating Inquiries by Commissions of Inquiry [ASSENTED TO 13 DECEMBER 1950] BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: - 1. Short title. This Act may be cited as the Commissions of inquiry Act 1950-l 989 2. Repeal of 1 Geo. 5 No. 26 and 20 Geo. 5 No. 2. Savings. The Official Inquiries Evidence Act of 1910 and The Official Inquiries Evidence Act Amendment Act of 1929 are hereby repealed: Provided that, but without prejudice to “The Acts Shortening Acts”- (a) Such repeal shall not affect- (i) The validity, invalidity, effect, or consequences of anything already done or suffered; A2 2 s. 3 COMMISSIONS OF INQUIRY ACT 1950-1989 s. 3 (ii) Any indemnity or immunity in respect of any past act or thing; or (iii) The proof of any past act or thing, or the admissibility or inadmissibility of evidence with regard thereto; (b) For the purpose of continuing and completing any inquiry (commenced before the passing of this Act) into or with respect to any matter or matters, by a Commission appointed prior to and subsisting at the passing of this Act, both of such repealed Acts shall be deemed to continue in force as if this Act has not been passed; 0C In any Act any reference to or citation of “The Official Inquiries Evidence Acts, 1910-1929”, or either of those repealed Acts, shall be deemed to be a reference to or citation of this Act; (d) All regulations made under the repealed Acts and in force at the passing of this Act, so far as the same are not inconsistent with this Act, shall, unless the contrary is expressly provided herein, remain in force under, and be deemed to have been made for the purposes of, this Act and may be repealed, varied, amended, or otherwise modified under this Act: Provided that general regulations made under this Act shall supersede and have the effect of repealing such first-mentioned regulations. 3. Application of Principal Act as amended to existing Commissions. (1) The provisions of the Commissions of Inquiry Act 19.50-1989 apply to and with respect to- (a) every Commission of Inquiry appointed after the commencement of this Act; and (b) every Commission of Inquiry appointed before the commencement of this Act that has not completed its inquiry at the commencement of this Act: Provided that an act done or omission made before the commencement of this Act shall not constitute an offence by reason only of an amendment of the Principal Act made by this Act. (2) In subsection (1) the expression “Commission of Inquiry” has the meaning assigned to the term “Commission” by the Principal Act. Meaning of Terms. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say: - “Authority of a deputy to the Commission” means the powers, authorities, duties and functions which a deputy to a Commission is authorised to exercise or perform in accordance with this Act; “Chairman” -The Chairman of any Commission, whether appointed by the instrument creating the Commission or A3 s. 4 COMMISSIONS OF INQUIRY ACT 1950-1989 s.4 3 otherwise, including the person for the time being acting as chairman: In cases where a Commission is constituted bv a sole commissioner, the term means such commissioner; “Commission” -Any Commission of Inquiry issued by the Governor, by and with the advice of the Executive Council of this State, under his hand and the public seal of the State, and includes the members of the Commission, or a quorum thereof, or the sole commissioner in cases where the Commission is constituted of a sole commissioner, sitting for the purposes of the inquiry: Where by an instrument other than a Commission of Inquiry as aforesaid the Governor in Council appoints a person or persons to make an inquiry into or with respect to any matter or matters and declares in that instrument of appointment or in a separate instrument that this Act or specified provisions of this Act shall be applicable for the purposes of that inquiry then for the purposes of so applying this Act or, as the case may be, the provisions of this Act specified as aforesaid the term “Commission” includes that instrument or appointment and the person, or persons, or a quorum of the persons thereby appointed sitting for the purposes of the inquiry thereunder; “Commissioner” -Any person to whom a Commission is issued (whether as one of several members of a Commission or as sole commissioner); “Deputy to a Commission” means a person who is appointed a deputy to a Commission “Person” -Includes any body corporate; Reasonable excuse”-(In relation to any act or omission by a witness or a person summoned to attend before a Commissio n as a witness) means an excuse which would excuse an act or omission of a similar nature by a witness or a person summoned to attend before a court of law as a witness; “Record” -Any collection of data in whatever form it may be held and includes data held on film, disc, tape, perforated roll or other device in which visual representations or sounds are embodied so as to be capable, with or without the aid of another process or instrument, of being reproduced therefrom; “This Act”-This Act and all regulations for the time being in force under and for the purposes of this Act. 4. Application of Act. (1) Wherever a Commission or Inquiry is issued by the Governor, by and with the advice of the Executive Council of this State, under his hand and the Public Seal of the State, the provisions of this Act, shall apply to and with respect to the inquiry. This Act shall also apply to and with respect to any inquiry which has not been commenced before the passing of this Act under a Commission of Inquiry issued as aforesaid prior to and subsisting at the passing of this Act. A4 4 s. 4A COMMISSIONS OF INQUIRY ACT 1950-1989 s. 4A (2) Wherever this Act or specified provisions of this Act are declared by the Governor in Council to be applicable for the purposes of an inquiry under a Commission, other than a Commission of Inquiry as referred to in subsection one of this section, then the provisions of this Act or, according as declared by the Governor in Council, those specified provisions of this Act shall apply to and with respect to the inquiry. 4A. Interaction of Commission with courts etc.
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