Former chief justice urges national Bondi terror attack royal commission
Anthony Albanese has faced pressure to call a royal commission at a federal level. (ABC News: Adam Kennedy)
The Bondi terror attack has sparked calls for a royal commission from current and former Coalition politicians and former High Court chief justice Robert French.
Advocates say the broad powers of such an inquiry would be useful to gain a deep understanding of the causes of the attack and how future attacks could be prevented, examining antisemitism and counterterrorism approaches.
New South Wales Premier Chris Minns has declared his own plans for a royal commission, which state governments can also hold on subjects that fall within their respective jurisdictions.
But so far, the federal government has resisted calling its own at a national level, saying only that it would cooperate with the NSW royal commission while holding its own, internal counterterrorism review.
The opposition and former Liberals, including Josh Frydenberg and Scott Morrison, say that is not enough and a national commission is needed.
How do royal commissions work?
Considered the most authoritative type of independent review, royal commissions examine matters of public importance and have strong investigative powers.
Typically chaired by legal experts or other distinguished Australians, commissions can compel witnesses to appear and can compel documents to be provided.
A royal commission can be called by a federal government or a state government. Each government can only call a commission into matters that fall within its jurisdiction.
Formally, the inquiry is initiated with a letter from the governor-general or relevant state governor, although in practice, the terms of reference are written by the government.
Federal and state governments sometimes hold joint commissions in areas of overlapping responsibility. In 2019, for example, the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability involved the entire federation.
The governor-general issued "letters patent" to establish its commission, and state governors followed suit with their own, appointing the same commissioners with the same terms and inquiry dates.
How could a Bondi royal commission work?
If the federal government wanted to join the NSW government's royal commission, it could consider a similar model to the disability commission, agreeing in advance on terms of reference and issuing joint letters.
Mr French has proposed the commission should involve the full federation, which he says would "enliven statutory powers in the various jurisdictions" and facilitate a focus on cooperation between the different levels of government.
The federal government has not given any indication that it plans to do this, and ministers, when asked, have emphasised that royal commissions can take a long time and delay action.
Instead, Prime Minister Anthony Albanese has announced a review led by former spy chief Dennis Richardson to study whether federal intelligence and law enforcement agencies — chiefly ASIO and the AFP — have the resources and powers they need.
That will be run within the Department of Prime Minister and Cabinet. ASIO chief Mike Burgess has welcomed it and promised full cooperation. It will make its public report in April, which the government says will help it get answers quickly.
But that move has drawn significant criticism from Liberals and from independent MP Allegra Spender, who has likened it to the government reviewing itself and has said a formal independent inquiry is needed with similar powers to a royal commission.
Former treasurer Josh Frydenberg on Sunday described the inquiry as a "failure in leadership", and Opposition Leader Sussan Ley has instead proposed terms of reference for a federal commission examining the broader government response to antisemitism.
Ms Ley's proposal is for an interim report in July of this year. She suggests there could be three commissioners, including a judge, a security expert and a member of the Jewish community.
Foreign Minister Penny Wong on Monday morning repeated the government's view that its inquiry was the quickest way to get to the bottom of the issues.
A key question for a royal commission, especially one shared with the states, would be the extent to which federal intelligence agencies are required to provide classified documents. Royal commissions can hold private hearings in some circumstances.