A quasi-judicial body is a non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board , which can be a public administrative agency but also a contract - or private law entity, which has been given powers and procedures resembling those of a court of law or judge and which is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and they may affect the legal rights, duties or privileges of specific parties.
14-583: The Royal Commission of Inquiry into Drug Trafficking (1981–1983), also known as the Stewart Royal Commission , was a royal commission set up in 1981 by the Commonwealth , New South Wales , Queensland and Victorian governments to inquire into various drug trafficking and related criminal activities of Terry Clark and his associates. However, the commission would spend much of its time examining how criminals were using and abusing
28-506: A commission has started the government cannot stop it. Consequently, governments are usually very careful about framing the terms of reference and generally include in them a date by which the commission must finish. Royal commissions are called to look into matters of great importance and usually controversy. These can be matters such as government structure, the treatment of minorities, events of considerable public concern or economic questions. Many royal commissions last many years and, often,
42-719: A different government is left to respond to the findings. Royal commissions have been held in Australia at a federal level since 1902. Royal commissions appointed by the Governor-General operate under the Royal Commissions Act 1902 passed by the Parliament of Australia in 1902. A defunct alternative is known as a Parliamentary Commission of Inquiry. Royal commissions are the highest form of inquiry on matters of public importance. A royal commission
56-476: A few cases—compelling all government officials to aid in the execution of the commission. The results of royal commissions are published in reports, often massive, of findings containing policy recommendations. Due to the verbose nature of the titles of these formal documents they are commonly known by the name of the commission's chair. For example, the “Royal Commission into whether there has been corrupt or criminal conduct by any Western Australian Police Officer”
70-418: A quasi-judicial body require findings of facts to reach conclusions of law that justify the decision. They usually depend on a predetermined set of guidelines or criteria to assess the nature and gravity of the permission or relief sought, or of the offense committed. Decisions of a quasi-judicial body are often legally enforceable under the laws of a jurisdiction; they can be challenged in a court of law, which
84-412: A very specific area of expertise and authority, such as land use and zoning , financial markets , employment law , public standards, and/or a specific set of regulations of an agency. The decisions of such a body are often made after a quasi-judicial proceeding , which may resemble a court. There are some key differences between judicial and quasi-judicial bodies, in that: In general, decisions of
98-482: Is a major ad-hoc formal public inquiry into a defined issue in some monarchies . They have been held in the United Kingdom , Australia , Canada , New Zealand , Norway , Malaysia , Mauritius and Saudi Arabia . In republics an equivalent entity may be termed a commission of inquiry . Such an inquiry has considerable powers, typically equivalent or greater than those of a judge but restricted to
112-554: Is formally established by the Governor-General on behalf of the Crown and on the advice of government Ministers. The government decides the terms of reference, provides the funding and appoints the commissioners, who are selected on the basis of their independence and qualifications. They are never serving politicians. Royal commissions are usually chaired by one or more notable figures. Because of their quasi-judicial powers
126-655: Is known as the Kennedy Royal Commission . While these reports are often quite influential, with the government enacting some or all recommendations into law, the work of some commissions have been almost completely ignored by the government. In other cases, where the commissioner has departed from the Warranted terms, the commission has been dissolved by a superior court. Quasi-judicial body Such bodies usually have powers of adjudication in such matters as: Their powers are usually limited to
140-436: The terms of reference for which it was created. These powers may include subpoenaing witnesses, notably video evidences, taking evidence under oath and requesting documents. The commission is created by the head of state (the sovereign, or their representative in the form of a governor-general or governor) on the advice of the government and formally appointed by letters patent . In practice—unlike lesser forms of inquiry—once
154-453: The change with the state registrar of births, deaths and marriages and photocopied documents were not acceptable. Amongst the recommendations which were not accepted by the Fraser government was for a national fingerprint based identity system. This article related to Australian law is a stub . You can help Misplaced Pages by expanding it . Royal commission A royal commission
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#1732772688084168-491: The commissioners are often retired or serving judges. They usually involve research into an issue, consultations with experts both within and outside government and public consultations as well. The warrant may grant immense investigatory powers, including summoning witnesses under oath , offering of indemnities, seizing of documents and other evidence (sometimes including those normally protected, such as classified information ), holding hearings in camera if necessary and—in
182-503: The government. The report made 40 recommendations, including that applicants for a passport attend a passport office and that mailed applications cease; that passports be issued only to citizens, so that British subjects cease to be entitled to a passport; that birth certificates not to be accepted as a sufficient proof of identity; that passports cease to be issued via travel or other agents; that all persons who change their names, whether by choice, marriage or adoption, be required to register
196-403: The passport system for criminal purposes including the fact that Clark had 5 passports under different names with him when he was arrested in 1978. The commission was headed by New South Wales Supreme Court Judge Donald Stewart . The Commission published its final report in 1983, making recommendations on how to prevent abuses in the issue of passports, most of which were acted upon by
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