In Brief
- The first hearing of the antisemitism royal commission will provide an outline on how it will be conducted.
- The commissioner has a tight timeframe for delivering a report.
The royal commission into antisemitism and social cohesion will hold its first public hearing on Tuesday — but it won't hear testimonies from members of the public as yet, nor evidence.
The first day of the hearing will allow commissioner Virginia Bell, who is leading the public inquiry, to make a short opening statement explaining how she will approach the terms of reference for the inquiry.
She's expected to outline how the inquiry will be conducted, where and when hearings will be held, and who it will hear from.
A short opening statement will also be provided by the lawyer assisting the inquiry, senior counsel assisting Richard Lancaster.
The hearing will start at 10.30am and will be live-streamed.
What is a royal commission?
It's an independent, public inquiry established by a state or commonwealth government. In this case, it was set up by the Albanese government in January amid pressure from the Opposition and a number of public figures in the wake of the Bondi terror attack that killed 15 people, mostly Jewish Australians.
A royal commission is not a court but allows complex issues to be examined in a public forum. Australia has held more than 100 federal royal commissions.
The Australian government defines a royal commission as "the highest form of inquiry on matters of public importance, which are only established in rare and exceptional circumstances".
Former judge Ronald Sackville says unlike other inquiries, royal commissions can force people and institutions to participate. In the past, former prime ministers and ministers have been compelled to give evidence, for example, in the Robodebt royal commission.
"They include the power to compel a witness to give evidence," Sackville told SBS News earlier this year.
"And to do so, for example, without the protection for example of the privilege against self-incrimination. It also has power to require individuals and agencies to provide written information about matters specified by the royal commission."
What can we expect from this royal commission?
This inquiry has terms of reference that guide what it will examine.
The 14 December antisemitic attack is a key focus: it will look at the lead-up and planning of the attack, and how agencies interacted and shared information, as well as tools to prevent such attacks in future.
It will investigate the prevalence and drivers of antisemitism in institutions and society in the lead up to the Bondi attack and how it's affected Jewish Australians and whether law enforcement, border control, immigration, and security agencies have adequate resources and powers to respond to antisemitic conduct.
And while social cohesion is in the title of the inquiry, this will focus on asking the royal commission to make recommendations on how to strengthen social cohesion and "countering the spread of ideologically and religiously motivated extremism in Australia".
Public and private hearings are expected over the next few months, where people can share their experiences, or through written submissions.
What are the complications?
The royal commission is expected to run while a separate criminal case is underway for the alleged gunman charged over the Bondi attack — Naveed Akram, who is facing 59 charges, including murder and terrorism offences.
While this could complicate matters for the royal commission, it's been given instructions to avoid matters in "a manner that does not occasion prejudice to current or future criminal proceedings".
Deirdre O'Neill, a Monash University public policy expert, said it's likely some evidence will be confidential, for example, from the domestic spy agency ASIO.
"It's going to have to obviously respect the need for some matters to remain confidential. So it ... can't open everything up in that sense," she told SBS News.
"So I think that the royal commissioner would be well aware of those types of issues and sensitivities, and the royal commission would be conducted in a way that didn't compromise the integrity of ... very, very sensitive matter held by ASIO or other agencies."
When do will there be an outcome?
The commissioner and staff will deliver an interim report by 30 April 2026. A final report is expected by 14 December 2026 — timed for the first anniversary of the Bondi massacre.
The final report usually lists recommendations to be adopted as policy and can make referrals to prosecutors if there is evidence of criminal activity.
O'Neill said this royal commission has the potential to make a "really significant contribution" regarding antisemitism.
"At the end of the day, what a royal commission does, is it provides recommendations to government.
"So the royal commissioner can't change the laws and can't make decisions herself about these things, but she can make a strong case and clear recommendations about what actions need to be taken, and that is where royal commissions can make a really significant contribution to to, you know, to public policy and to matters like antisemitism other significant issues that confronting society."
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