Following the December 14 Bondi attack, which resulted in 15 fatalities and over 40 injuries, various groups, including former Labor Party figures, affected families, and the federal opposition, have advocated for a national royal commission. Proponents argue a federal inquiry is necessary due to the limitations of a state-level investigation, citing its inability to compel evidence beyond its jurisdiction or provide adequate legal protection for Commonwealth officers. Prime Minister Anthony Albanese, who initially resisted a federal inquiry, has since indicated an openness to considering such a commission while concurrently pursuing other measures, including a security agency review and legislative reforms.
The Bondi Attack
The incident, described by some proponents as the "worst terrorist attack in Australia’s history on our soil," occurred on December 14, targeting a Chanukah by the Sea event in Bondi. It is being investigated as an alleged ISIS-inspired attack and resulted in 15 fatalities and dozens injured.
Calls for a Federal Inquiry
A coalition of former Labor Party politicians and prominent figures has been among the most vocal in calling for a federal royal commission. An open letter, signed by 21 Labor associates including former federal ministers, senators, party and union officials, and senior members of the Labor Israel Action Committee (LIAC), urged the federal government to initiate an inquiry. Noteworthy signatories included former federal ministers Mike Kelly (current president of LIAC), Michael Danby, Bernie Ripoll, and Peter Baldwin; former MPs Mary Easson, Jennie George, Kim Wilkie, and Mike Symon; former senators Mark Bishop, Michael Forshaw, and Nova Peris; and state Labor figures such as Walt Secord, Eric Roozendaal, Michael Costa, Henry Pinskier, Tony Lupton, and Danielle Green.
Beyond former Labor figures, a growing list of Australian sporting, business, and legal experts, along with approximately 60 athletes, have also supported the call. Additionally, eleven families of Jewish Australians affected by the incident have requested Prime Minister Albanese to initiate a royal commission into antisemitism and evaluate whether law enforcement could have prevented the attack. The federal Coalition opposition has also advocated for such a commission.
Rationale for a Commonwealth Royal Commission
Proponents argue that a state-level inquiry, currently planned by New South Wales, would be insufficient. Their primary concerns include:
- Jurisdictional Limitations: A state commission would be unable to compel evidence from institutions and individuals beyond its jurisdiction.
- Witness Protection: It would struggle to provide Commonwealth officers with necessary legal protection for frank testimony or access classified materials.
- Broader Scope: Signatories assert that only a Commonwealth royal commission can examine the dynamics of antisemitism, including social media threats, how "hate and incitement is weaponized in Australia," and national strategies to counter it. They also emphasize the need to investigate the broader "ecosystem of terror and hate."
- National Security: Some signatories stated that the stability of democracy and national security are at stake if a commonwealth royal commission is not initiated.
Former federal minister Mike Kelly proposed a 'rolling' and 'iterative' structure for a federal commission, allowing for interim reports and recommendations rather than requiring years to finalize. He suggested such a commission could examine Australia's counter-terrorism capabilities and posture and address broader national concerns. Dr. Scott Prasser, a researcher specializing in royal commissions, highlighted that Commonwealth-led processes typically offer greater legal protection to witnesses, enabling more open testimony. He also noted that recent inquiries often include a "truth-telling" element, providing a platform for victims to share their experiences.
Federal Government's Position and Actions
Prime Minister Anthony Albanese initially maintained his stance against a national royal commission, citing concerns that such an inquiry would be time-consuming, duplicate existing efforts, and potentially cause division within the community. He had committed to cooperating with the NSW royal commission.
However, Mr. Albanese has since indicated an openness to considering a federal royal commission, stating that discussions are ongoing with the NSW government and the community on the matter. Sources within the Labor party suggest this openness is genuine, particularly if NSW Premier Chris Minns were to request a concurrent federal royal commission after reviewing potential jurisdictional complexities of a solely state-based inquiry.
In the interim, the Prime Minister has pursued other measures:
- Security Review: He assigned former spy chief Dennis Richardson to investigate Australia's security agencies and their response to the attack, with a report due in April. Mr. Albanese stated this review serves the national interest.
- Legislative Reforms: Parliament is scheduled to be recalled early to expedite the passage of new legislation aimed at addressing "hate preachers" and funding a national gun buyback scheme. Consultations on these proposed hate speech and gun laws are underway.
- Antisemitism Initiatives: The government is also acting on recommendations from a review by its antisemitism special envoy, Jillian Segal.
Treasurer Jim Chalmers acknowledged the calls for a federal inquiry as originating "overwhelmingly from a good place" but stated the government's focus remains on "the urgent and the immediate," including the aforementioned legislative and review measures.
State-Level Inquiry and Jurisdictional Precedents
New South Wales Premier Chris Minns has decided to call a state royal commission into the incident. However, proponents of a federal inquiry and legal experts have raised concerns about the potential for jurisdictional challenges. There is limited historical precedent for a state-led royal commission receiving consistent, truly cooperative support from the Commonwealth without encountering obstacles. Dr. Prasser noted the risk that federal agencies might "filter" information even with instructions to comply. An example cited is South Australia's 2018 royal commission into the Murray Darling Basin, where the federal government initially offered cooperation but later sought a High Court injunction to prevent current and former Commonwealth staff from being compelled to testify.
Opposition's Stance
Opposition Leader Sussan Ley has advocated for a federal royal commission. She criticized Mr. Albanese's initial reasons for not holding a federal inquiry, describing them as "unfounded 'excuses'," and questioned the unnamed "actual experts" reportedly advising against the commission. Ms. Ley argued that Australians are entitled to "honesty and answers" from their leaders. She later questioned Prime Minister Albanese on whether he had defied national security advice or if his previous statement regarding experts was inaccurate. Mr. Albanese, in response, stated his government initially prioritized expert advice focused on protecting the Australian public following the attack.