Following the December 14 Bondi attack, Prime Minister Anthony Albanese has initiated a federal review into agency actions and pledged support for a forthcoming New South Wales royal commission. This dual approach comes as calls intensify from various groups for a single federal royal commission to investigate both the attack and broader issues, including antisemitism. The federal review, led by former spy chief Dennis Richardson, is designed to provide rapid findings on federal agency conduct, while the state inquiry is expected to delve into the incident's specifics within NSW jurisdiction.
Background to the Attack
The attack, which occurred on December 14, resulted in 15 fatalities and dozens of injuries. Authorities allege that father and son Sajid and Naveed Akram targeted a Jewish celebration at Bondi Beach and were inspired by the ideology of the Islamic State group.
Federal Response: The Richardson Review
Prime Minister Albanese has opted for an independent federal review over a Commonwealth royal commission, citing the potential for quicker answers and the aim to prevent the escalation of social tensions, in contrast to a public inquiry which could extend for years.
Establishment and Scope:
The review is led by Dennis Richardson, former Director-General of the Australian Security Intelligence Organisation (ASIO). Its primary focus is to examine the actions of federal security and intelligence agencies prior to the Bondi attack, investigating any potential failings at the federal level. Agencies subject to examination include:
- Australian Security Intelligence Organisation (ASIO)
- Australian Federal Police (AFP)
- Australian Secret Intelligence Service (ASIS)
- Department of Home Affairs
- Attorney-General’s Department
The review will specifically investigate information known about the alleged perpetrators, Sajid and Naveed Akram. This includes ASIO's assessment of Naveed Akram from October 2019 for six months, regarding alleged associations with individuals reportedly involved in an Islamic State cell, which concluded at the time that he was not an ongoing threat. The review will also assess agencies’ prior knowledge of events that have emerged since the shooting, such as the alleged perpetrators’ trip to the Philippines in November and alleged training exercises in Australia before the attack. AFP Commissioner Krissy Barrett has stated that preliminary investigations indicated the alleged gunmen did not receive training or come into contact with a broader terror cell while in the Southeast Asian country.
Richardson will also assess information-sharing protocols between federal and state bodies, allowing for an examination of the information available to New South Wales police when Sajid Akram was granted a firearms license in 2023. The review seeks to determine if agencies could have taken further preventative measures and whether the legal framework, which Richardson previously reviewed in 2019, impeded their actions.
Powers and Limitations:
Richardson has been guaranteed the full cooperation of federal security and intelligence agencies and access to all material deemed relevant to his inquiry. Government sources indicate Richardson could request documents prepared for ministers, cabinet, and the national security committee. However, the review lacks subpoena powers to compel witnesses or the production of documents from outside government agencies and relies on voluntary cooperation. Unlike a royal commission, Richardson’s review will be conducted entirely behind closed doors. Public access to the findings is anticipated to be a declassified version to protect sensitive security and intelligence material.
Timeline:
The Richardson review report is scheduled for submission to the government by the end of April.
State Response: Proposed NSW Royal Commission
NSW Premier Chris Minns has confirmed that work is underway to establish a state-based royal commission, though a specific timeline has not yet been provided. Premier Minns stated the inquiry would aim to determine how the attack occurred and how future incidents can be prevented. Prime Minister Albanese has pledged the Commonwealth would "participate fully" in the state inquiry.
It is indicated that the NSW inquiry would have access to other jurisdictions and the heads of federal agencies. Scott Prasser, a former government policy adviser, suggested it could focus on matters within NSW jurisdiction, such as the adequacy of NSW Police processes, government programs, and community relations. Anthony Whealy, chair of the Centre for Public Integrity, noted that a NSW royal commission would be best suited to investigate the incident itself, given its occurrence in NSW.
Calls for a Federal Royal Commission
Various groups, including Jewish organizations, families of those affected by the attack, the Coalition, the human rights commissioner, business leaders, and public figures, have called for a federal royal commission, arguing that the proposed investigations are insufficient.
Opposition Leader Sussan Ley released the Coalition's proposed terms of reference for a Commonwealth royal commission, contending that a state-led inquiry would be unable to adequately examine national security failures, migration and visa settings, and broader federal responsibilities. Proponents argue a federal royal commission should examine the broader issue of antisemitism in Australia and the environment in which such ideology has developed, with "nothing off limits" and "no institution out of scope."
Inquiry Durations:
Prime Minister Albanese has stated that a royal commission could take years to deliver its findings. Scott Prasser indicated that while many royal commissions take months, those with broad scopes addressing complex issues have extended to four or five years. He believed a royal commission into the Bondi attack could be completed in approximately one year if designed effectively, but characterized the terms of reference proposed by the Opposition as "far too complex and too detailed." Anthony Whealy, a former NSW Supreme Court judge, expressed a differing view, stating that a commission of this complexity would likely take at least two years.
Role of Antisemitism in the Inquiries
The terms of reference for the Richardson review do not explicitly mention antisemitism. However, Prime Minister Albanese and Home Affairs Minister Tony Burke have indicated that Richardson will consider the context of anti-Jewish sentiment in Australia when examining the attack. Minister Burke stated that "there is no way of conducting that inquiry without dealing with antisemitism." Guardian Australia has confirmed that Richardson’s review will not investigate the broader issue of antisemitism across society, such as on university campuses.
This broader investigation has been a key demand of the Coalition and other proponents for a federal royal commission. While a NSW royal commission would not investigate antisemitism nationally, Anthony Whealy stated it would conduct a meaningful examination of how antisemitism manifested in NSW, considering it indicative of global trends on the issue. Scott Prasser suggested that a joint state–Commonwealth royal commission would be the most effective approach to examine both the attack and the broader issue of antisemitism, citing precedents such as the Royal Commission into Aboriginal Deaths in Custody.