Key Takeaways
- Anthony Albanese has appointed former High Court justice Virginia Bell to lead a royal commission into the Bondi terror attack and antisemitism, despite concerns from some in the Jewish community.
- The inquiry is expected to be a broad investigation into antisemitism in Australia and the circumstances leading up to the worst terror attack in the nation’s history.
- Some Jewish leaders, including former treasurer Josh Frydenberg, had raised concerns about Bell’s role in writing modern protest laws in Australia and her potential impartiality.
- The royal commission is expected to examine the drivers and enablers of antisemitism, institutional failures, and the effectiveness of law enforcement and judicial responses to antisemitic hate speech and incitement.
Introduction to the Royal Commission
The Australian government has announced the appointment of former High Court justice Virginia Bell to lead a royal commission into the Bondi terror attack and the broader issue of antisemitism. This decision has been met with resistance from some prominent Jewish Australians, including former treasurer Josh Frydenberg, who had raised concerns about Bell’s role in writing modern protest laws in Australia. Despite these concerns, Prime Minister Anthony Albanese has pushed forward with the appointment, citing the need for a thorough investigation into the circumstances leading up to the worst terror attack in the nation’s history.
Concerns about Virginia Bell’s Appointment
Some members of the Jewish community have expressed concerns about Bell’s appointment, citing her role in a High Court ruling that found Tasmanian laws restricting protest were invalid. This ruling was seen as a factor in the NSW Supreme Court’s decision to overturn the Minns government’s ban on a pro-Palestine march across the Sydney Harbour Bridge. Critics argue that this could create a conflict of interest, as Bell may be seen as having a stake in the outcome of the inquiry. However, others have come to Bell’s defense, citing her reputation as a fair and impartial judge.
The Royal Commission’s Mandate
The royal commission is expected to be a broad investigation into antisemitism in Australia, examining the drivers and enablers of antisemitism, institutional failures across education, public administration, and civil society, and the effectiveness of law enforcement and judicial responses to antisemitic hate speech and incitement. The inquiry will also assess the sources of funding and influence that sustain extremist ideologies. This comprehensive approach is seen as necessary to address the complex and deeply ingrained issue of antisemitism in Australia.
Support for the Royal Commission
Former chief justice of the Federal Court James Allsop has been a forceful advocate for a sweeping inquiry into antisemitism and the circumstances leading up to the Bondi massacre. Allsop has written that failure to undertake a robust inquiry "imperils the future of the nation" and that the country must ask itself hard questions about the rise of antisemitism. University of Sydney international law professor Ben Saul has also come out in support of Bell’s appointment, accusing Frydenberg of politicizing the inquiry and questioning the capabilities of one of Australia’s most distinguished judges.
The Importance of Independence
The issue of independence is crucial in the appointment of a royal commissioner. Prominent barrister Greg Barns has argued that a royal commissioner must be seen as independent and that allowing any interest group to veto or approve the selection compromises the independence of the inquiry. This sets a dangerous precedent, as it could allow other groups to demand a right to approve the selection of a royal commissioner. The importance of independence is underscored by the need for the royal commission to be seen as impartial and credible in its findings.
Conclusion
The appointment of Virginia Bell to lead the royal commission into the Bondi terror attack and antisemitism is a significant step towards addressing the complex and deeply ingrained issue of antisemitism in Australia. Despite concerns about Bell’s appointment, the royal commission is expected to be a thorough and comprehensive investigation into the circumstances leading up to the worst terror attack in the nation’s history. The inquiry’s mandate is broad, and its findings are likely to have a significant impact on the country’s approach to addressing antisemitism. Ultimately, the success of the royal commission will depend on its ability to be seen as independent and impartial, and its willingness to ask hard questions about the rise of antisemitism in Australia.
