Institutional responses to child sexual abuse : the constitutionality of a Royal Commission

On 12 November 2012, the Prime Minister, Julia Gillard, announced that a national Royal Commission into the apparent institutional cover-up of child sexual abuse by religious and other organisations would be held. The Royal Commission was formally established on 11 January 2013. However, national Royal Commissions cannot be held into any subject the federal government thinks deserves such an inquiry. The Australian Constitution imposes limits on the subjects that can be inquired into and how such inquiries may be conducted. This article sets out the background to the Royal Commission and examines whether it is constitutional.