Victorian Bushfires Royal Commission

Last updated 2 August 2010

This factsheet is for people affected by the February 2009 Victorian bushfires. It explains the role of the 2009 Victorian Bushfires Royal Commission, how the Royal Commission works and how to be involved. It also has the contact details of organisations that can help you.

You can order a hard copy of this factsheet from Victoria Legal Aid.

The Royal Commission report

The 2009 Victorian Bushfires Royal Commission’s final report was presented on 31 July 2010. The report was then tabled in Parliament, and is now available to the public.

The final report is available in several formats and is split into five sections:

• Summary
• Volume I – The Fires and the Fire-Related Deaths
• Volume II – Fire Preparation, Response and Recovery
• Volume III – Establishment and Operation of the Commission
• Volume IV – The Statements of Lay Witnesses.

You can view the report at the Victorian 2009 Bushfires Royal Commission website. Alternatively, you can order copies from the Victorian Government via Victoria Online or by phoning 1800 463 684.

What is a Royal Commission?

A Royal Commission is set up by the government to get information about a particular issue. The Commission is led by ‘Commissioners’. The Commissioners are usually judges or senior lawyers. The government chooses who they are.

The Royal Commission has to:

• investigate the issue (based on the ‘terms of reference’ the government sets out)
• make a written report about the investigation and what it finds out (‘findings’)

The report will include a list of considerations and actions (‘recommendations’) that the Commission thinks should be included in government policy. Government ‘policy’ includes the actions a government takes about a particular issue, situation or topic, and reasons why.

How does the Victorian Bushfires Royal Commission work?

What the Commissioners must do (the ‘terms of reference’)

The Commissioners have been asked to investigate and write about:

• how the bushfires in late January and February 2009 were started and the causes behind them
• the planning and preparation by governments, emergency services, other organisations and the public before the bushfires happened. This includes looking at laws and policies that affect bushfires and how these work ‘on the ground’
• actions the government took to control the spread of fire and to protect people’s lives, their property and public property
• actions that were taken to stop or lessen utilities, such as energy and water, being interrupted during the bushfires
• anything else that the Commissioners think is relevant to the bushfires.

The Commissioners are then asked to make:

• recommendations for governments, emergency services, other organisations and the public to consider. This includes information about:
• how to plan and prepare for bushfires and the threat of bushfires in the future, especially how to stop deaths happening
• improving how land is divided and used for building, housing, farming and other uses
• making housing and other buildings fireproof
• the things people, government and organisations should do when there is a bushfire emergency. This includes how emergency services and other agencies work, how to tell the public there is a bushfire, and how the people in the community tell each other
• training, equipment and other resources that are needed.

You can read the government’s Terms of reference PDF  389 kb, on the Victorian Premier’s website.

Other powers the Commissioners have

The Commissioners are given power by the government to:

• hold hearings, where witnesses such as government agencies, community organisations, householders and experts give evidence to the Commissioners about the bushfires (evidence is information the Commissioners can use to help find out about something and make a recommendation)
• order witnesses to appear and give evidence
• order that particular documents be presented for the Commissioners to look at and keep
• order an application to a court for a search warrant
• give information about the law being disobeyed to the government or the police.

What happens during a Royal Commission?

A Royal Commission runs a little like a court case. Witnesses are ‘called’ (ordered) to give evidence.

If you have been ordered to give evidence at the Royal Commission, get legal advice about your rights and responsibilities first.

The Commission can get other evidence and receive submissions from people or organisations who want to have their say. A submission is a written statement which includes your point of view and evidence you may have about the bushfires.

Lawyers can participate (‘appear’) in the hearings but only by permission of the Commissioners. Lawyers can appear to:

• represent witnesses who have been ordered to give evidence
• represent people who have an interest in the Royal Commission (for example, people have been affected by the fires or whose work is to do with the fires).

The lawyers may be able to ask a witness questions if the Commissioners give the lawyer permission to do so. If you have been called as a witness and want to know whether you will be questioned by a lawyer, you can email enquiries@royalcommission.vic.gov.au to ask. Contact Victoria Legal Aid on 1800 113 432 for legal advice.

How is the Coroner’s work different from the Royal Commission?

The Coroner’s main role is to make sure that people who died because of the bushfires are properly identified and to investigate the cause and circumstances of all bushfire deaths. The Royal Commission’s role is to examine the cause of and response to the bushfires themselves.

The Coroner’s work on identifying victims should not be affected by the Royal Commission.

In some circumstances, the Coroner needs to investigate how a person died or investigate a fire. If the Coroner needs to investigate a death from the Victorian bushfires, this investigation may not happen until the Royal Commission has finished.

The Royal Commission will communicate with the Coroner (and other authorities such as Victoria Police) so that the Commission’s activities do not interfere with the work of these agencies.

For more information on the Coroner’s process, visit Coroners Court Victoria website and see the Bushfire Legal Help Coroner’s process factsheet.

Where to get help

Victoria Legal Aid

Tel: 1800 113 432, Monday to Friday, 8.45 am to 5.15 pm, for free bushfire legal information and referrals, www.legalaid.vic.gov.au/

Victorian Bushfires Royal Commission

Tel: 1800 243 650, Monday to Friday, 9 am to 5.30 pm

Email enquiries@royalcommission.vic.gov.au, www.royalcommission.vic.gov.au/

State Coroner’s Office

Tel: 1800 283 292, Monday to Friday, 8.30 am to 5 pm, www.coronerscourt.vic.gov.au

Victorian Bushfire Reconstruction and Recovery Authority

Tel: 1800 240 667, Monday to Friday, 8 am to 6 pm (opening hours may vary in times of emergency), www.wewillrebuild.vic.gov.au/

Department of Human Services (DHS)

Tel: 1800 050 400 (Victorian Bushfire Case Management Service), Monday to Friday, 8 am to 5 pm and tel: 1800 240 667 (Victorian Bushfire and Storm Information Line), Monday to Friday, 8 am and 6 pm, www.dhs.vic.gov.au/em/bushfire-recovery

Counselling and support

NURSE-ON-CALL Bushfire Health and Counselling Line: 1300 606 024, seven days, 24 hours a day

Beyond Blue: 1300 224 636, seven days, 24 hours a day, www.beyondblue.org.au 

Griefline: 9596 7799, open seven days, 12 pm to 3 am, www.griefline.org.au

Interpreters – Translating and Interpreting Service (TIS)

Tel: 131 450, seven days, 24 hours a day

Hearing impairment – National Relay Service

Tel: 133 677 (TTY service) and 1300 555 727 (Speak and listen), seven days, 24 hours a day

Other resources

See the Bushfire Legal Help Handbook and Bushfire Legal Help factsheet on the Coroner’s process.