The nature and scale of the issues exposed by the Bondi terror attack “require and justify” the establishment of a Commonwealth Royal Commission into Anti-Semitism, Australia’s peak representative body for lawyers has argued.
The Law Council of Australia has joined the chorus calling for the establishment of a Commonwealth Royal Commission into Anti-Semitism, following the horrific attack that occurred at Sydney’s Bondi Beach in mid-December.
In a statement, LCA said it is “deeply concerned” by the significant rise in anti-Semitism 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 said.
“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, the body continued, depends on the law operating effectively to protect all members of the community from harm, intimidation, and violence, and when any group is targeted based on identity or belief, “the legitimacy of the legal system as a whole is undermined”.
To this end, “the nature and scale of the issues exposed by the Bondi terror attack require and justify the establishment of a Commonwealth Royal Commission into Anti-Semitism in Australia and the events leading up to that attack,” LCA said.
“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.”
As of the time of writing, Prime Minister Anthony Albanese is reportedly considering acquiescing to calls for a royal commission, having until now moved for an inquiry led by former ASIO head Dennis Richardson.
The advocacy body’s comments also follow an open letter, signed by nearly 150 senior barristers and judges in late December, urging the federal government to establish a Royal Commission into Anti-Semitism.
“We write as former judges and senior barristers with different religious and political beliefs, united by our commitment to Australian democratic values, the rule of law and deep concern about the state of anti-Semitism in Australia,” the letter said.
“Anti-Semitism is promulgated openly, not only by extremists and hate preachers but also in a disturbing and increasingly normalised manner online, on social media, and in our institutions, including universities.”
In an opinion piece for The Australian Financial Review, published just before New Years, Arsen Ostrovsky – a human rights lawyer and head of the Sydney Office of the Australia/Israel and Jewish Affairs Council, who survived the Bondi attack – stressed that anti-Semitism in Australia is “no longer sporadic or marginal. It is systemic, entrenched and part of mainstream society”.
“As we mourn the innocent lives lost in Bondi, we must do more than grieve. We must ask hard questions about how we arrived at this moment, whether we are prepared to confront the forces that made it possible and expose the root causes of systemic anti-Semitism in Australia. That is why a royal commission is critical,” he said.
LCA president Tania Wolff (pictured) said the advocacy body’s core responsibility is to uphold the rule of law and confidence in Australia’s legal system, and noted that the rise in anti-Semitism, “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,” she said.
“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 underway, but believe a royal commission is needed to ensure a rigorous, evidence-based examination of systemic issues that cross jurisdictional boundaries and agency responsibilities,” Wolff said.
The Bondi terrorist attack – the deadliest act of terrorism on Australian soil – meets the threshold of the “extraordinary instruments of inquiry” under a royal commission, LCA said.
“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,” the body said.
“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.”
A properly constituted royal commission, the body went on, 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,” LCA said.
“In this way, a royal commission can strengthen, rather than weaken, Australia’s legal and institutional frameworks.”
“The gravity of the circumstances demands a response that is independent, transparent, and capable of strengthening Australia’s legal and institutional systems.”
The timing, conduct and terms of reference of any royal commission should be structured so as not to interfere with ongoing criminal proceedings, it added.
Jerome Doraisamy is the managing editor of professional services (including Lawyers Weekly, HR Leader, Accountants Daily, and Accounting Times). He is also the author of The Wellness Doctrines book series, an admitted solicitor in New South Wales, and a board director of the Minds Count Foundation.
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