I want to return to the role of the Attorney‑General’s Department in the establishment of the Royal Commission into the Bondi terrorist attack. I’ll also be moving shortly to the subsequent steps you’ve been taking to progress the Royal Commission — so that’s just to give all prospective witnesses a heads‑up. Secretary, during the lunch break I took the opportunity to review all the Royal Commissions undertaken during my time in the Senate. We’ve had the Defence and Veterans’ Suicide Royal Commission, which reported on 9 September 2024. The Attorney‑General’s Department provided advice and assistance on that Royal Commission, correct?
Respondent
I’d clarify that our role concerns the establishment of a Royal Commission — what’s required to set it up, staffing arrangements, and the development of legal assistance schemes. The decision on whether to call a Royal Commission is a matter for government.
Senator Scarr
I understand that distinction. But given your department supported the Defence and Veterans’ Suicide Royal Commission (2024), the Violence, Abuse, Neglect and Exploitation of People with Disability Royal Commission (2023), the Robodebt Royal Commission (2023), the Aged Care Quality and Safety Royal Commission (2021), and the National Natural Disaster Arrangements Royal Commission (2020) — all substantial inquiries — it’s fair to say the Attorney‑General’s Department has built up significant expertise in the establishment and operation of Royal Commissions, hasn’t it?
Respondent
We have supported all those Royal Commissions. The point I was making is that we do not generally advise government on whether it should call a Royal Commission. That decision lies with the executive.
Senator Scarr
But there’s nothing stopping the executive, if it wants advice on whether a Royal Commission is appropriate, from consulting the Attorney‑General’s Department to draw on your expertise — particularly regarding how a Royal Commission operates. Is there?
Respondent
Government may seek advice from us on legislation we’re responsible for. But the decision to call a Royal Commission isn’t usually one where we provide advice; that rests with government.
Senator Scarr
But your department holds expertise on a wide range of matters: the powers of a Royal Commission to call witnesses, subpoena documents, how a Royal Commission interacts with concurrent criminal proceedings — all issues squarely within the Attorney‑General’s Department’s remit. Correct?
Respondent
Those are matters we can provide advice on, yes.
Senator Scarr
Right. And we know one of the concerns raised before the government reversed its position was whether a Royal Commission might provide a platform for hate. Surely your department has expertise in assessing whether proceedings should be held in camera or in public, and how to manage sensitive issues. That’s expertise housed within your department, isn’t it?
Respondent
There’s a distinction between procedural issues and an assessment about whether something may provide a platform. But yes — based on experience supporting past Royal Commissions, we can advise on how evidence can be provided and managed.
Senator Scarr
I’d have thought that goes directly to whether concerns about “providing a platform” can be managed. For example, how you manage witnesses, submissions, publication, and so on. Let me put it this way: if Commissioner Bell has concerns about any of those issues, she can seek advice from the Attorney‑General’s Department, can’t she?
Respondent
Once established, a Royal Commission operates independently of the department. We provide assistance when requested, but decisions about proceedings are entirely the Royal Commission’s.
Senator Scarr
But she can request advice, and your team will be cooperative and helpful — as they always are.
Respondent
We would be. Though in my experience — this is the fourth Royal Commission in my time as Secretary — these procedural matters tend to be handled directly by the Commission itself.
Senator Scarr
Understood. Can I ask: did the department provide any advice on the establishment of the Richardson Review?
Respondent
I’d need to check whether the Department of Prime Minister and Cabinet engaged with us.
Senator Scarr
My understanding is the Richardson Review was established within PM&C. My question is simply whether your department provided any advice prior to its establishment.
Respondent
I’ll need to take that on notice. It may have occurred at different levels within the department, so I’ll confirm with all relevant areas.
Senator Scarr
The Royal Commission into the Bondi terrorist massacre has a reporting date of 14 December 2026 — an ambitious timeline. Can you update the committee on where things stand in terms of establishing the Commission, including staffing and the support structure?
Respondent
We moved quickly once the government appointed Commissioner Bell. Executive Council approved the letters patent on 9 January. Key appointments have been made — official secretary, counsel assisting, and solicitor assisting.
We’ve helped identify staff for the Commission. Temporary accommodation in Sydney has been provided, and permanent accommodation — including necessary technology and security — is close to being fully fitted out. The Commission is operational: issuing notices to produce, engaging agencies, and planning to meet its reporting deadline.
Senator Scarr
And staffing numbers, budget, and other operational matters?
Respondent
The government has allocated $131.1 million from 2025–26 to support the Commission. That includes $91.2 million for the Commission itself — staffing, counsel assisting, offices, hearings, security, and counselling services. We are establishing an independent legal advice service and a legal financial assistance scheme, consistent with past Royal Commissions. The department will receive $39.9 million to support whole‑of‑government engagement and manage the Commonwealth’s legal representation.
Senator Scarr
How many staff in total?
Respondent
Funding provides for 64.3 ASL for the Commission and 25.4 ASL within the department — a total of 89.7 ASL.
Senator Scarr
Thank you, Chair.
