March 8, 2016

Royal Commissions

Royal Commission Criminal Defence Lawyers, Peter O'Brien

Peter O’Brien at the Royal Commission into the Protection and Detention of Children in the Northern Territory

What is a Royal Commission?

A Royal Commission is a special public investigation into a matter of great importance. Royal Commissions are created by the Governor-General at the request of the government. They are usually formed in response to complex and controversial matters, and operate in full view of the public eye. As such, it is crucial to find a lawyer who can help you to navigate the legal and other intricacies of appearing in front of a Royal Commission.

Royal Commissions are unique and different to the adversarial process of normal court proceedings. Key differences include:

  • A Royal Commission is set up by the Government, however, its appointed members are independent from the Government;
  • It has coercive powers that compel witnesses to give evidence, however, rules governing evidence differ to normal court proceedings;
  • Hearings are conducted in public therefore allowing individuals to present their testimonials before the Commission (however sensitive evidence can be taken in private hearings and other orders can be made to de-identify witnesses)
  • Royal Commissions will make findings and also recommendations in a final report that are based on the terms of reference of the Commission;
  • The Commission itself cannot prosecute individuals and its findings are non-binding, however it can make recommendations to do so, that are usually acted upon by prosecution authorities.

Despite Commissions being different to normal adversarial court proceedings it is very important to be represented in Commission hearings. The public nature of Commissions can place enormous pressure on witnesses. Representation ensures that witnesses understand their rights, responsibilities and are adequately prepared to give evidence.

O’Brien Solicitors has appeared dozens of times at Royal Commissions, including:

Currently, O’Brien Criminal & Civil Solicitors is available to represent clients appearing at the Royal Commission Into Misconduct in the Banking, Superannuation and Financial Services Industry.

Royal Commission into Child Sex Abuse

Peter O’Brien has represented several clients at the Royal Commission into Institutional Responses to Child Sex Abuse.

Peter examined Cardinal Pell at the Royal Commission into Institutional Responses to Child Sex Abuse, March 3

Peter’s questioning of Cardinal Pell was remarkably direct and uncompromising.

O’Brien Solicitors can also provide you with expert representation at any other inquisitorial body such as the ICAC, the NSW Crime Commission or the Australian Criminal Intelligence Commission. Of all lawyers in Australia, there would be very few, if any, who have done more Commission work than our solicitors in all probability.

Peter O’Brien and other solicitors within the firm have represented many dozens of witnesses in Royal Commissions including the preparation of statements through to putting forward of testimonial accounts by clients, and cross-examining adverse witnesses. For example, Peter O’Brien has represented a number of witnesses who gave evidence about sexual abuse by clergy within the Catholic Church during the Royal Commission into Institutional Responses to Child Sexual Abuse. Mr O’Brien artfully cross-examined many key witnesses including Cardinal George Pell. Similarly, Peter O’Brien represented key witnesses such as Dylan Voller throughout the hearings in the Northern Territory Royal Commission. This resulted in a series of findings condemning the abuse of children throughout the system in the Northern Territory, and vindicating his clients.

Many clients have gone on to successfully sue various agencies and institutions after Royal Commissions.

In many instances we may be able to apply for funding for your representation through the Attorney-General’s legal assistance unit.

Call (02) 9261 4281 if you have need of legal representation from a lawyer experienced in dealing with Royal Commissions.

Contact our Royal Commission Lawyers

O’Brien Criminal and Civil Solicitors are located at:

Suite 504, Level 5
233 Castlereagh Street

  • Opposite the Downing Centre Court Complex
  • Close to Central Local Court