The Law Council of Australia exists to uphold the rule of law and to promote confidence in Australia’s legal system.
The Law Council of Australia, as the national representative body of the Australian legal profession, is deeply concerned by the significant rise in antisemitism in Australia and the damaging effect this has had on community safety, social cohesion and trust in public institutions.
The horrific terror attack targeted at the Jewish community at Bondi has brought into sharp focus the consequences of hatred and radicalisation. It also underscores the need to examine the adequacy of existing responses and for a nationally coordinated response to match the seriousness of the challenge.
Public confidence in Australia’s legal system depends on the law operating effectively to protect all members of the community from harm, intimidation and violence. When any group is targeted on the basis of identity or belief, the legitimacy of the legal system as a whole is undermined.
In the Law Council’s view, the nature and scale of the issues exposed by the Bondi terror attack require and justify the establishment of a Commonwealth Royal Commission into antisemitism in Australia and the events leading up to that attack. While the tragedy occurred in one State, the factors that shape the spread of extremist ideology, pathways to radicalisation, and the effectiveness of preventative frameworks operate across jurisdictional boundaries and engage significant Commonwealth responsibilities.
These are Federal and Commonwealth matters. Matters including national security coordination, intelligence-sharing arrangements, communications and online regulation, hate speech legislation and counter-terrorism laws require examination at a Federal level and in a way that considers how legal and institutional systems operate together across Australia. Jurisdictionally limited inquiries cannot provide a complete or coherent account of these interconnected systems.
A Commonwealth Royal Commission provides the only mechanism capable of examining these issues in a manner that is rigorous, evidence-based and insulated from the pressures of short-term political debate. A process limited by jurisdiction, or conducted solely within the executive branch, cannot provide the necessary breadth of inquiry or public assurance required in these circumstances.
A Royal Commission offers an independent, statutory mechanism capable of examining complex and interconnected issues, testing evidence, and hearing from affected persons, communities and experts. Its public authority and procedural safeguards provide an important foundation for restoring trust and confidence, both in the legal system and in the institutions charged with protecting the community.
Royal Commissions are also extraordinary instruments of inquiry. They operate outside ordinary investigative and adjudicative processes and are vested with significant coercive powers, including powers that may compel the production of information, require compulsory examination, and limit or displace usual legal rights and privileges. Their use represents a deliberate departure from the ordinary safeguards that characterise Australia’s legal system and therefore demands a high degree of restraint. For that reason, Royal Commissions are appropriate only in the most exceptional circumstances.
The Bondi terrorist attack—the deadliest act of terrorism on Australian soil—meets that threshold. The scale of the loss of life, the broader context in which the attack occurred, and its profound implications for community safety, social cohesion and confidence in our legal system demand an inquiry of the highest order.
The Law Council also emphasises that a properly constituted Royal Commission plays an important role in ensuring that responses to serious threats are considered, proportionate and consistent with the rule of law. By examining competing rights and interests, and by testing the necessity and effectiveness of legal and institutional responses, a Royal Commission can help ensure that measures adopted in response to crises protect public safety without unnecessarily curtailing rights, including the right to peaceful protest, or undermining fundamental legal principles. In this way, a Royal Commission can strengthen, rather than weaken, Australia’s legal and institutional frameworks.
For these reasons, the Law Council supports the establishment of a Commonwealth Royal Commission with sufficiently broad terms of reference to examine antisemitism in Australia, the events leading up to the Bondi terror attack, and any systemic, legislative or institutional issues requiring national attention and reform. The timing, conduct and terms of reference of any Royal Commission should be structured so as not to interfere with ongoing criminal proceedings.
The gravity of the circumstances demands a response that is independent, transparent and capable of strengthening Australia’s legal and institutional systems.
Quotes attributable to Law Council of Australia President, Tania Wolff:
“The Law Council of Australia speaks for the Australian legal profession nationally, and our core responsibility is to uphold the rule of law and confidence in Australia’s legal system. The rise in antisemitism, and the violence it has fuelled, strike at the heart of those foundations.
“The Bondi terror attack did not occur in isolation. While it happened in one State, the forces that shape radicalisation, online incitement and prevention operate nationally and engage significant Commonwealth responsibilities.
“In our view, only a Commonwealth Royal Commission has the independence, scope and authority necessary to examine these issues fully, restore public confidence, and ensure Australia’s legal and institutional frameworks are fit for purpose.
“We acknowledge and support other inquiries which are under way, but believe a Royal Commission is needed to ensure a rigorous, evidence-based examination of systemic issues that cross jurisdictional boundaries and agency responsibilities.”