Nicola Smith Canberra bureau chief Jan 7, 2026
Albanese government ministers could be compelled to provide evidence under oath and submit communications records to investigators under the powers of a federal royal commission into the Bondi attack that is now expected to be called within days.
Senior politicians and Jewish leaders have indicated they anticipate a government proposal for a national inquiry or a combined state and national investigation to be agreed to in a matter of days, and potentially lodged within a wider package of measures that include tougher legislation on hate speech and an early recall of parliament.
Family members of most of the Bondi shooting victims have called for a Commonwealth royal commission. Aresna Villanueva
A joint federal and state royal commission with NSW – which has already begun its own inquiry – could be an option available to Prime Minister Anthony Albanese, who said on Tuesday he was in talks with Premier Chris Minns to offer support.
Scott Prasser, who authored the Royal Commissions and Public Inquiries in Australia report, said joint inquiries allowed investigators to better spread their work across separate state and federal jurisdictions.
“Once you do that, you’re in the big league of royal commissions,” said Prasser, citing the Aboriginal Deaths in Custody inquiry as an example.
“Commonwealth issues the letters patent and the state governors do the same thing or pass similar legislation and bingo, you’ve got a joint federal, state royal commission, with the states obviously being consulted over terms of reference and who should sit on it.”
The expected government U-turn follows an outpouring of political, business and community demands for a royal commission into the fatal shooting, antisemitism and extremism, and as a raft of top legal minds say the government has no excuse not to trigger the country’s highest form of investigation into its worst-ever terrorist attack.
“With respect, the arguments put against the federal royal commission are unconvincing,” said Neville Owen, the former senior WA judge who led the 2001 royal commission to investigate the collapse of HIH Insurance and warned that a state-level inquiry could hit jurisdictional and constitutional roadblocks.
Many of the policy and freedom-of-speech issues linked to the Bondi attack fell within the federal domain, including government decisions taken since a controversial protest – when antisemitic chants were heard – at Sydney Opera House on October 9, 2023, he said.
The remit of the probe should be “extremely wide”, encompassing criminality and systemic issues, said Owen, dismissing the government’s earlier argument that a federal royal commission, on top of initiatives already announced, would be time-consuming and excessive.
The government announced a suite of measures in the days after the attack, including a review of law enforcement and intelligence agencies led by former spy chief Dennis Richardson, stronger gun laws and an antisemitism education taskforce. NSW also launched its own state-level royal commission.
“The danger is that they’ll be like silos. What you need is a body that can look at all of the issues,” Owen told The Australian Financial Review.
In an open letter to Prime Minister Anthony Albanese this week, more than 230 former judges and senior members of the Australian Bar cautioned that the Richardson review could not offer the same degree of independence, transparency or public authority as a royal commission.
By contrast, a federal inquiry would be institutionally independent of government, hold coercive powers to compel witnesses and documents, receive evidence subject to necessary security protections and provide a forum for affected communities and experts to be heard.
“A federal royal commission, properly constituted and with appropriate terms of reference, would be a constructive exercise in national self-examination, strengthening Australia’s legal and democratic resilience,” they wrote.
Owen, and barrister Nick Bender, a signatory of the letter, said such an inquiry could force ministers to submit email or WhatsApp communications to investigators.
“If somebody can be compelled to give evidence at a royal commission, then subject to certain protections for privilege and the like, they must produce the documents,” said Bender, who added that national security protections would also apply.
Prasser said the “inquisitorial mechanism” required witnesses to answer questions under oath, even if self-incriminating. The commission does not make judgments and witness statements cannot be used in a court of law, but could prompt legal authorities to pursue a case.
“Royal commissions have called ministers in the past, and prime ministers too,” Prasser said.
Never had there been such “sustained, widespread” demand for a federal inquiry, Prasser added.
A group of high-profile business leaders, including David Baxby, co-founder and partner of Coogee Capital, this week launched a public campaign with two-page newspaper advertisements designed to maintain pressure on the government.
Albanese on Tuesday showed the first hint of a shift towards calling a commission, committing his government to do “everything required” to protect social cohesion.
A senior Labor source, who spoke freely on condition of anonymity, indicated the launch of an inquiry could be wrapped into a wider announcement about government actions, including the completion of new hate speech laws, which are believed to be in the final drafting stages ahead of their introduction in parliament.
Coalition home affairs spokesman Jonathon Duniam said the opposition was still awaiting details on the new laws.
“The prime minister asked for unity, and in the wake of this national tragedy, we want to work with the government to get this right,” Duniam said.
“As such, the opposition, along with the Jewish community, legal experts and other stakeholders, will need to see draft legislation as soon as possible.
“This can’t be left until the last minute with laws being tabled in a take-it-or-leave-it situation.”
Source: HotPersimessage62