Speaking to SBS, Mr Kirby says his appointment to the role has comes as a surprise, but that he will remain impartial while investigating what the UN describes as "systematic, widespread and grave violations" throughout North Korea.
"I come to this task without any preconceptions and it may be that when the commission meets, a request may be made for access to North Korea, and if so, we'll just have to wait and see what is decided," Mr Kirby says.
"But assuming that doesn't happen, then arrangements will presumably be made to take evidence, possibly in South Korea, Japan, possibly in Geneva, the Human Rights Council of the United Nations is established in Geneva."
The council, which is due to begin work in July, aims to ensure "full accountability, in particular for violations which may amount to crimes against humanity."
Mr Kirby says the inquiry is intended to understand whether the rights of North Koreans are being violated.
"It's easy to make allegations, but evidence is the foundation on which action is often taken," Mr Kirby says.
"The purpose of the commission will be to provide the evidence to the Human Rights Council and it also will be available for consideration by the other organs of the United Nation, and it will be up to them to decide what, if anything is done with the evidence that is gathered by the Commission."
The team's other members are Serbian human rights campaigner Sonja Biserko, an expert on war crimes, and Marzuki Darusman, an Indonesian former attorney general who since 2010 has been monitoring North Korea for the UN Human Rights Council.
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