The Australian government has established a federal Royal Commission to investigate antisemitism and social cohesion within the country, in response to growing calls for a national inquiry following an attack at Bondi Beach on December 14, 2023. The commission, chaired by former High Court judge Virginia Bell, will examine the nature and prevalence of antisemitism, the circumstances of the Bondi attack, and develop recommendations for government agencies and for enhancing social cohesion. This decision follows extensive advocacy from various sectors, including business leaders, religious figures, and community groups.
Establishment and Mandate of the Royal Commission
Prime Minister Anthony Albanese announced the establishment of the Royal Commission, appointing former High Court judge Virginia Bell to lead the inquiry. The commission is tasked with submitting its report by December 14, 2026, marking the one-year anniversary of the Bondi Beach attack.
The terms of reference for the Royal Commission outline four key areas of investigation:
- Investigating the nature, prevalence, and key drivers of antisemitism in Australia, including religiously motivated extremism.
- Formulating recommendations for enforcement, border, immigration, and security agencies to address antisemitism.
- Examining the circumstances related to the December 14, 2023, Bondi Beach attack.
- Developing recommendations to enhance social cohesion in Australia.
The existing independent review of federal law enforcement and intelligence agencies, established on December 21, 2023, and led by former Asio Director-General Dennis Richardson, will be incorporated into the Royal Commission's findings. An interim report from the Richardson inquiry is expected in April.
Calls for a National Inquiry
The establishment of the Royal Commission follows significant pressure from various groups for a comprehensive national investigation.
The Bondi Beach Attack:
On December 14, 2023, an attack occurred at Bondi Beach that resulted in 15 fatalities and 40 injuries. This incident, described by some sources as targeting the Jewish community at a Hanukkah event, became a primary catalyst for calls for a federal inquiry.
Business Community Advocacy:
Major Australian business associations, led by the Business Council of Australia (BCA), issued a joint statement advocating for a federal royal commission. Signatory organizations included:
- Australian Banking Association
- Australian Institute of Company Directors
- Australian Industry Group
- Australian Retailers Association
- Business Council of Australia
- Council of Small Business Organisations Australia
- Insurance Council of Australia
- Master Builders Australia
- Minerals Council of Australia
These groups collectively represent a significant portion of Australian employers and asserted that a federal inquiry would offer a national focus on antisemitism, circumventing limitations of state-level investigations. More than 130 business leaders and prominent Australians, including former Reserve Bank governors Philip Lowe and Glenn Stevens, businessman James Packer, and former Telstra CEO David Thodey, also endorsed the call. Their open letter, published across multiple media outlets, described the situation as a "national crisis" requiring a national response, seeking clarity on the Bondi incident and an end to what they characterized as increased harassment, intimidation, and violence directed at the Australian Jewish community since the onset of the conflict in Gaza in 2023.
Support from Religious and Community Leaders:
Victims' families and Jewish community leaders were among the first to call for a national inquiry. Senior representatives of the Australian Catholic Church, including Melbourne Archbishop Peter Comensoli and Perth Archbishop Timothy Costelloe, also advocated for a thorough examination of antisemitism in Australia. While the Australian Catholic Bishops Conference did not specifically advocate for a "royal commission," they underscored the necessity for Australia to investigate the prevalence and integration of antisemitism into societal elements. Additionally, over 200 legal professionals, the Coalition, and two government backbenchers supported the measure. Human Rights Commissioner Lorraine Finlay had previously stated that a national probe was "essential."
A media outlet also initiated calls for a royal commission following the Bondi attack, publishing an editorial urging the Prime Minister to establish an inquiry into antisemitism and the events leading to the incident. A group named "Bondi Response," comprising 2,000 Jewish and non-Jewish individuals, raised funds for a media advertising campaign advocating for the commission.
Government's Initial Position and Related Policy Actions
Prime Minister Albanese initially maintained that a review of intelligence and law enforcement agencies, led by Dennis Richardson, would offer the most timely answers. He confirmed federal cooperation with a New South Wales-led royal commission, which the NSW government had already announced. The Prime Minister also cited prior government initiatives to prevent anti-Jewish sentiment, such as appointing Australia's first special envoy to combat antisemitism.
In addition to establishing the Royal Commission, the Commonwealth and New South Wales governments have initiated several immediate policy changes:
- Gun Law Reforms: Proposals include requiring Australian citizenship for firearm licenses, accelerating the National Firearms Register, limiting individual firearm holdings, and restricting open-ended licenses and types of legal guns. A national gun buyback scheme has also been announced.
- Anti-Terrorism and Hate Speech Measures: NSW Premier Chris Minns announced a ban on the display of symbols of specified Islamic terrorist organizations (including Al Qaeda, Al-Shabaab, Boko Haram, Hamas, Hezbollah, and Islamic State). Potential bans on "hateful slogans" are also under consideration, with Prime Minister Albanese proposing similar measures to strengthen hate speech laws.
- Protest Restrictions: The NSW Premier seeks "extraordinary powers" to potentially ban protests for three months.
Context and Challenges for the Commission
The announcement of the Royal Commission has initiated public discussion regarding the extent of an 'antisemitism crisis' in Australia.
Data and Perspectives on Antisemitism:
- Advocacy organizations have reported approximately 1,200 antisemitic incidents in New South Wales and over 2,000 nationally. These figures are compiled using broad definitions that include political speech, protest slogans, Palestinian flags, stickers, online criticism of Israel, opposition to Zionism, and support for Boycott Divestment and Sanctions, alongside genuinely hateful conduct.
- Analysis of official data presents a different perspective, with evidence provided to the New South Wales Upper House antisemitism inquiry indicating that around 13 to 14 incidents met the threshold for potential criminal prosecution, a figure not disputed by New South Wales Police.
- Some high-profile incidents initially reported as antisemitic attacks, such as a 'caravan plot' and certain graffiti and vehicle fire cases in Sydney, were later identified as hoaxes, staged events, or criminal activity unrelated to antisemitism.
- It was reported that a single individual generated over 500 antisemitic incident reports, which were subsequently identified as false or self-generated.
- The Melbourne Synagogue fire was attributed to external actors rather than local antisemitism.
Impact on Protest and Expression:
Pro-Palestine protests have frequently been framed by some as incubators of antisemitism, even with Jewish Australians participating openly in these demonstrations. Examples include a gathering near the Sydney Opera House on October 8, 2023, where claims of genocidal chanting were disputed by attendees, and a large demonstration at the Sydney Harbour Bridge, described by attendees as peaceful with no violence or arrests, but labeled a 'hate march' by the government’s antisemitism envoy.
The Royal Commission's mandate, by assuming the prevalence of antisemitism across Australian society and institutions, indicates that protest, education, and political expression will be scrutinized. Some observers suggest the commission aims to implement rather than primarily investigate the existence of a widespread antisemitism wave. Some Jewish Australians have expressed disagreement with this strategy, advocating for solidarity with Palestinians and critiquing the use of antisemitism claims to suppress dissent and accountability for a foreign state.
Operational Challenges:
The sub judice principle presents a significant challenge for the Royal Commission, as it restricts public discussion of cases under judicial consideration. One alleged gunman from the Bondi attack faces 57 charges. This principle is crucial for ensuring fair trials and prevents external influences on legal proceedings, extending to media and public figures, and the commission's terms of reference acknowledge this constraint. Concerns have also been raised regarding the potential effectiveness of royal commissions, citing the 1989-1990 Royal Commission into Aboriginal Deaths in Custody, where many recommendations were not immediately legislated or implemented, leading to over 600 Indigenous Australian deaths in custody since 1991.
Prior to the Bondi attack, intelligence failures were cited, noting one alleged gunman was on a "known entity management list" since 2021, yet an accomplice obtained a gun license in 2023. Calls for the commission often cited a need to address the dynamics of "Jew hatred" and how hate is weaponized.