13/01/2026
On 8 January 2026, the Prime Minister of Australia, the Hon Anthony Albanese MP, announced the establishment of a Royal Commission into Antisemitism and Social Cohesion (the Royal Commission). Following the Australian Government’s announcement, the New South Wales Government confirmed that its own planned Royal Commission would be folded into the Commonwealth process, ensuring a unified and singular point of investigation.
The Commissioner and the intersection with criminal law
The Australian Government has appointed former High Court Justice, the Hon Virginia Bell AC, as the sole Commissioner. Commissioner Bell’s extensive background in criminal law and her previous role as Counsel Assisting the Wood Royal Commission into the NSW Police Service are vital for this specific mandate. A central challenge for the inquiry will be navigating the grey area of fact-finding while one of the alleged attackers remains in custody awaiting trial. Commissioner Bell is uniquely qualified to ensure that the Commission’s public hearings do not cause prejudice to these ongoing criminal proceedings, a requirement strictly mandated by the inquiry’s Terms of Reference.
Key areas of inquiry
The Commission is tasked with examining four complex pillars of Australian social and security infrastructure. Beyond investigating the nature and drivers of antisemitism in institutions and the circumstances surrounding the antisemitic Bondi terrorist attack on 14 December 2025, the inquiry will specifically assess the impact of these sentiments on the daily lives, mental health, and physical security of Jewish Australians. A major component of the work involves an interim report, due by 30 April 2026, which will incorporate the findings of Dennis Richardson’s review into federal law enforcement and intelligence agencies.
The Commission will investigate how authorities were unaware of the terrorists’ planning despite reports of their overseas travel in November 2025. Furthermore, the inquiry will scrutinise whether law enforcement and intelligence agencies were prevented from taking preventative action by the current legislative and authorising environment. The final report, due on 14 December 2026, will coincide with the one-year anniversary of the Bondi attack.
The legal framework: Powers under the Royal Commissions Act 1902 (Cth)
For our clients and partners, it is essential to understand that a Royal Commission is not a court of law; it is an inquisitorial body established by the executive under the Royal Commissions Act 1902 (Cth) (the Act). While it does not exercise judicial power – meaning it cannot determine civil or criminal liability – it possesses coercive powers that often exceed those available to a judge in a standard trial. These powers are designed to facilitate truth‑telling and investigative outcomes that standard police methods may not reach.
Commonwealth Royal Commissions have evolved from traditional fact-finding bodies into truth-telling inquiries. This shift, cemented by the Royal Commission into Institutional Responses to Child Sexual Abuse, focuses on restorative justice and reconciliation for those who have suffered injury. This function is supported by legislative changes allowing for private sessions and trauma-informed arrangements, which are explicitly mentioned in the Prime Minister’s announcement for this Royal Commission.
Key provisions under the Act
- The Commissioner can summon any person to attend a hearing or produce documents. Failure to comply without a reasonable excuse is a criminal offence (sections 2 and 6).
- A witness is not excused from answering a question on the grounds that it might incriminate them (section 6A).
- To balance the loss of the right to silence, evidence given under compulsion is generally inadmissible against that person in subsequent civil or criminal proceedings (section 6DD).
- Despite the truth-telling and trauma-informed nature of the inquiry, giving false or misleading evidence remains an indictable offence punishable by up to five years imprisonment or by a fine of up to $66,000 (200 penalty units) (section 6H).
- While evidence is protected by use immunity, the Commissioner has the power to communicate information regarding a contravention of the law to relevant law enforcement agencies (e.g., the Australian Federal Police or state or territory police) (section 6P).
- Unlike the right against self-incrimination, legal professional privilege (LPP) is generally preserved. However, the Act allows the Commissioner to require the production of a document for the sole purpose of determining if it is, in fact, privileged (section 6AA).
- It is an offence (contempt of Royal Commission, $660 – or three-months imprisonment) to intentionally insult, disturb, or interrupt the proceedings of a Royal Commission. In high-stakes inquiries involving social cohesion, this provision is critical for maintaining the integrity of the forum (section 6O).
- Any legal practitioner appointed to assist the Royal Commission, or any person (or their legal practitioner) authorised by the Commissioner to appear before it, may examine or cross-examine any witness on any matter deemed relevant. This is the formal mechanism—often referred to as leave to appear—that allows counsel to participate in the testing of evidence and make submissions on behalf of interested parties. (section 6FA).
- The Commissioner has discretion to take evidence in private (particularly regarding secret processes or financial prejudice) and to issue directions prohibiting the publication of evidence or the identity of witnesses.(section 6D).
What this means for you
The broad investigative scope provided by the Letters Patent means that any organisation with a connection to social cohesion, national security, or institutional culture may be called upon to participate. For our corporate, government, and not-for-profit clients, this carries significant practical and legal implications:
- Organisations may receive Notices to Produce. Given the penalties under section 6, it is vital to have a robust document management process in place.
- If employees or executives are summoned, they are entitled to legal representation. Because the privilege against self-incrimination is abrogated, witnesses require sophisticated counsel to navigate the risks of derivative use and ensure LPP is strictly maintained.
- Given the truth-telling nature of this inquiry, witnesses or victims may participate in private sessions. These are governed by specific confidentiality protections under the Act and the Royal Commissions Regulations 2019 (Cth).
- Royal Commission hearings are generally public. Adverse findings can lead to significant reputational damage and provide a basis for subsequent litigation or regulatory action following a section 6P referral.
Griffin Legal can assist you in navigating the Royal Commission process, from managing document production to providing counsel for witnesses. If you or your organisation have concerns regarding your potential involvement, we recommend seeking bespoke legal advice at the earliest opportunity.
References and further reading
Academic analysis: Tjandra, Jonathan, ‘From Fact Finding to Truth-Telling: An Analysis of the Changing Functions of Commonwealth Royal Commissions’ (2022) 45(1) University of New South Wales Law Journal 341.
Terms of reference: Royal Commission into Antisemitism and Social Cohesion