Queensland’s Truth Telling Commission breaches Westminster and election conventions

Recently, the chair of Queensland's government's Truth Telling and Healing Commission was reported in the media for publicly attacking the leader of the Liberal National Party and opposition, David Crisafulli, for his party's stated policy to close down the commission if elected at this week's election.

The Truth Telling Commission is a special commission of inquiry that was appointed by the present Queensland Labor government to report on the impact of European settlement and 'colonisation' on Aboriginal peoples in this state.

It was established under legislation similar for the appointment of royal commissions, but 'customised to facilitate the participation of Aboriginal peoples and Torres Strait Islander peoples by adopting a culturally appropriate and non-legalistic approach.'

So, in all respects it is like a royal commission inquiry so the first issue is whether the chair of such a body should be making any public comments that could be construed as being political or partisan.

While the investigatory powers of commissions are governed by legislation how their chairs behave during and after an inquiry is very much determined in Westminster democracies like Queensland's by accepted conventions of what is regarded as appropriate behaviour by officials and elected members.

Because such commissions are appointed to investigate some perceived wrong-doing, scandal or controversial issue, it is essential they be seen as being independent and not partisan.

While such commissions should be energetic in their pursuit of the 'truth' in their inquiry and public hearings, it is important they neither appear to be biased in how they conduct their investigations nor in any public comments their members might make.

They must keep the political fray at arm's length otherwise they are a diminished tool of investigation.

Remember two previous Queensland commissions – the Connolly-Ryan inquiry into the Criminal Justice Commission appointed by the Borbidge coalition government and the first Bundaberg Hospital Commission of Inquiry established by the Beattie Labor administration – were both closed down when the Supreme Court found they had exhibited what is called 'apprehended bias' or perceived bias in their processes thus prejudicing the independence of their investigations.

The bias in those two cases related to the issues under investigation were not politically targets, but the principle is the same – commissions of inquiry must be independent.

Similarly, when Dyson Heydon who chaired the Abbott government's royal commission into trade union governance was due to speak at a Liberal party function there was a huge outcry about him showing partiality. It tainted the commission's findings.

The Truth Commission's public criticism of the current LNP opposition could therefore be construed of indulging in inappropriate political and partisan comment and thus showing a perceived 'bias' in the conduct of its inquiry.