A Senate committee has called for a royal commission into Australia's COVID response. Here's why it's not happening

Despite recommendations from Coalition and Greens senators, a royal commission into the pandemic response is not expected to proceed. (ABC News: Brendan Esposito)

A Senate committee has recommended a royal commission to examine Australia’s response to the COVID-19 pandemic and its impacts on the community, including of lockdown and quarantine measures.

It recommended the scope also include contact tracing, the procurement of vaccines and medical supplies, and the capacity of a range of systems to respond — including health, aged care, housing and domestic violence services.

The Senate’s legal and constitutional affairs committee said it was vital to consider the response and “imperative” that lessons are learnt.

“The committee considers that there is an overwhelming case for the establishment of a COVID-19 royal commission,” the report said.

“The Australian people deserve to have a better understanding of why specific pandemic response measures were adopted and to convey their views on the costs and benefits of each of those response measures, especially given the level of disruption some of those measures had on their lives.”

The Senate committee was made up of seven senators, with Coalition members — including its chair Liberal senator Paul Scarr — and the only Greens representative supporting further inquiry.

David Shoebridge said Australians deserve a royal commission, given their sacrifices during the pandemic.

“A royal commission has the independence needed, including the power to compel answers from often unwilling governments, to give the public confidence that its final report and any recommendations will be credible and unbiased,” Senator Shoebridge said.

Government members of the committee — including deputy chair Nita Green — did not support the recommendations of the report, pointing to an existing 12-month inquiry into Australia’s response already underway.

They said they are also confident in the independent panel and broad scope of the COVID-19 Response Inquiry.

“This is significantly earlier than a royal commission would have reported, thereby allowing Australia to learn the lessons of the COVID-19 response and improve our preparedness for future pandemics earlier than a royal commission would have permitted,” the dissenting report said.

“Labor senators note that, in recent times, some royal commissions have taken many years – up to half a decade – to report.”

Why isn’t a royal commission happening?

In Australia, royal commissions are only established in rare and exceptional circumstances.

They have the power to summon witnesses to give evidence, produce documents, penalise those who fail to attend a hearing or give information, and can issue search warrants.

It’s understood that the former Morrison government had examined a royal commission into the COVID-19 response, but sources have told the ABC it did not proceed because it became clear that states would not co-operate by providing the necessary Letters Patent.

A Letters Patent is a formal document that outlines the terms of reference and appoints a commissioner to conduct an inquiry.

Professor Scott Prasser is the Director of the Institute for Public Policy at Australian Catholic University and appeared at the Senate committee inquiry.

Mr Prasser suggested that because “Commonwealth royal commissions can only be conducted if the subject matter of the inquiry lies within the field of Commonwealth power, any such joint commission requires state support”.

But he said that there are examples of joint Commonwealth-state royal commissions where not all states have participated, suggesting the federal government could “put pressure on the states to join”.

When asked why a royal commission into the COVID-19 response would not be held, Prime Minister Anthony Albanese previously said the government had been advised on what kind of inquiry to hold.

“Quite frankly, a royal commission can take more time and is normally headed by a judge,” Mr Albanese said.

“What we’ve appointed is three experts… The advice that we’ve received is that this is the best form of inquiry.”

12-month COVID-19 inquiry underway

Late last year, the federal government announced a 12-month inquiry into the government response to the COVID-19 pandemic.

It will be led by economist Angela Jackson, epidemiologist Catherine Bennett and public administration expert Robyn Kruk.

The inquiry can still call witnesses and examine the response of governments during the pandemic, but it does not have the same powers as a royal commission.

The scope of the inquiry will cover COVID-19 responses since the pandemic began in January 2020, including governance and key health response measures, as well as advice for dealing with future pandemics.

However, decisions made solely by state and territory governments in response to the pandemic — including lockdowns and border closures — are not in the scope of the inquiry.

The inquiry will also consider the findings of previous relevant state and territory COVID-19 inquiries and reviews.

The federal COVID inquiry is due to respond at the end of September.