EXCLUSIVE
Anthony Albanese is in talks with the NSW Premier Chris Minns to expand the proposed NSW royal commission into a combined state-commonwealth probe, bowing to weeks of political pressure.
In a political backflip designed to end the relentless pressure to hold a federal inquiry, the Prime Minister is considering combining forces with the previously announced NSW royal commission in the wake of the Bondi terror attacks.
News.com.au has confirmed that this combined probe is one of the options being canvassed after another meeting of the national security committee of cabinet on Wednesday morning.
One of the major weaknesses of holding a NSW royal commission is that it cannot directly investigate or compel evidence from the Commonwealth, its institutions, or officers beyond its jurisdiction with the full force of a federal inquiry.
The power of a state royal commission is limited to matters within the legislative responsibility of New South Wales.
Commonwealth Royal Commissions, established under the Royal Commissions Act 1902 (Cth), can only inquire into matters that relate to the Commonwealth’s responsibilities.
Notable joint royal commissions in the past have included the Royal Commission into Aboriginal Deaths in Custody (1987-1991) and the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2019-2023).
For this inquiry, the Governor-General issued Commonwealth “letters patent,” and state governors, including the Governor of NSW, issued their own parallel letters, appointing the same commissioners and establishing uniform terms of reference.
The Royal Commission into Institutional Responses to Child Sexual Abuse (2013-2017): was also established as a joint Commonwealth and state/territory inquiry to investigate a matter of national significance.
Prime Minister Anthony Albanese dropped a big hint this week that he was in talks with NSW amid speculation of an announcement by the end of the week.
“The New South Wales Government have said that they will have a Royal Commission,’’ Mr Albanese said.
“But we’re talking to New South Wales about how that would operate.
“And we’re talking with the community. We are engaged with the community as well as with the New South Wales Government to make sure that we get done everything that is required, to make sure we build social cohesion back in this country.”
The NSW royal commission is yet to announce any terms of reference, providing a clear pathway to expand its powers to capture Commonwealth responsibilities.
Albo warned over royal commission detail
Mr Albanese is under pressure to ensure that a royal commission into anti-Semitism can call serving and former ministers as witnesses as it examines the lead-up to the Bondi terror attack.
Government discussions are continuing today as the Prime Minister weighs a backflip on his opposition to the federal royal commission.
A decision expected as early as Friday. He is also expected to recall parliament early in January, to pass new hate speech laws.
News.com.au revealed on Tuesday that Mr Albanese had indicated to confidantes he is now considering embracing a royal commission.
It’s expected to be a topic of discussion at the national security committee meeting as early as today that will be attended by the Prime Minister, Home Affairs Minister Tony Burke, Treasurer Jim Chalmers and Attorney-General Michelle Rowland.
But former Home Affairs secretary Mike Pezzullo, who has led public calls for a royal commission, said it must have the power to compel ministers to give evidence.
This was the case in the robocall inquiry that ultimately included Scott Morrison and other ministers giving evidence.
“The next challenge will be to get the correct focus and scope,’’ Mr Pezzullo told news.com.au.
“Ministers cannot be excluded from scrutiny. It also has to encompass underlying causes and factors – as we said in the open letter, those being principally the explosion in anti-Semitism and the enduring threat posed by Islamist extremism and terrorism.”
Behind closed doors, a group of Labor MPs are pushing for an inquiry into anti-Semitism to run parallel to the probe being conducted into the intelligence agencies by former ASIO chief Dennis Richardson.
“If you asked me two weeks ago, I would have said there’s a 5 per cent chance of a royal commission. My honest assessment right now I would put it at 90 per cent (of a royal commission),’’ a Labor source said.
“They are shifting. We are shifting. We have to. And it will be a matter of time, but we will shift.
“We can’t be on the other side of the victims. And he doesn’t want to be on the other side of the victims.”
Liberal leader Sussan Ley has called on Mr Albanese to move forward with a royal commission as quickly as possible.
“The Prime Minister has delayed, deflected and looked past victims for far too long now,’’ Ms Ley said.
“Today is the day for the Prime Minister to step up, step out and announce this Commonwealth royal commission.
“Australians are watching. Victims’ families are waiting. And the time for leadership is now. What is the Prime Minister hiding? And why is he not listening?”
Speaking in Queensland’s flood-ravaged north on Tuesday, Mr Albanese was peppered with questions over whether he was planning a backflip on a royal commission.
In another shift in language, he said the government was continuing to examine “everything possible” to address anti-Semitism.
“We are continuing to examine everything else that is required,’’ he said.
“I continue to be engaged with leaders in the Jewish community, and I am talking and meeting on a daily basis with people to make sure we do everything possible.”
Asked again if he was “open” to a royal commission or if he was ruling it out, Mr Albanese said discussions were continuing.
“The New South Wales government has said they will have a royal commission, but we are talking to New South Wales about how that would operate, and we are talking with the community,’’ he said.
“We are engaged with the community as well as with the New South Wales government to make sure that we get done everything that is required.”
The Richardson probe into intelligence agencies and the Bondi attack, first revealed by news.com.au on December 20, will investigate whether Australia’s security agencies have the powers, structures, processes and sharing arrangements in place to keep Australians safe.
However, Labor MPs want a royal commission into anti-Semitism to be led by a respected judge that would examine anti-Semitism more broadly, including why Jewish children have to attend school with armed guards.
Mr Albanese is now expected to recall parliament early to introduce hate speech laws, with the possibility MPs could return to Canberra in the week before Australia Day.
Parliament was scheduled to return in early February prior to the Bondi terror attack.
Meanwhile, former Labor MP Michael Danby has accused the Albanese government of seeking to avoid a royal commission into the Bondi terror attack “at all costs”.
“I understand there are some very bitter enders in the Cabinet who are in the socialist left who want to avoid this royal commission at all costs because of things that might come out,” he told Sky News.
“This is a very different government than a normal Labor government. It’s a socialist-left dominated Labor government.
“I’m very pleased to tell you that it’s now up to 25 (signatories) and more former members are putting their names to that petition calling for the government to do the royal commission.
“It ain’t over till it’s over.”
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