On 13 April 1954 the Prime Minister of Australia, the Right Honourable R G Menzies (CP 54), announced to the House of Representatives in Canberra that one Vladimir Mikhailovich Petrov, who had been Third Secretary and Consul in the Soviet Embassy in Australia since February 1951, had left his diplomatic employment and made to the Australian Government, through the Australian Security Intelligence Organization (ASIO), a request for political asylum.
Mr Menzies said the request had been granted and went on to say that Mr Petrov had brought with him a great number of documents and displayed a willingness to convey oral information and explanation. Mr Menzies told the House that in the few days since Petrov had come to ASIO enough material had been examined to show that there were matters affecting Australia's security which called for judicial investigation. For that purpose Mr Menzies gave notice that the following day he would introduce a bill to amend the Royal Commissions Act in order to compel the attendance of witnesses and the giving of evidence before a Royal Commission charged with examining matters concerned with Petrov's defection (Commonwealth of Australia Parliamentary Debates, House of Representatives, 20th Parliament, 3rd Session (First Period), pp 325-326).
The amending Act was duly passed through all stages of the Parliament the following day and was given the Royal Assent on 15 April 1954 (Commonwealth of Australia Gazette, No 29 of 1954, 6 May 1954,
p 1291) to become Commonwealth of Australia Act No 2 of 1954, the Royal Commission Act 1954.
The Act (per S 3(1)) conferred upon the Governor-General power to issue, by Letters Patent in the name of the Queen, a Commission, directed to such person(s) as he thought fit, requiring or authorising that person to make inquiry and report upon:
. the commission of acts of espionage in Australia;
. the commission in Australia of other acts prejudicial to the
security or defence of Australia; or
. subjects related to any matter referred to in either of the last
two preceding paragraphs.
The Act further provided (per S 3(2)), that the Commissioner appointed had all the powers, rights and privileges which are specified in the Royal Commission Act 1902-1933 as appertaining to a Royal Commission and the provisions of that Act have effect as if they were enacted in the 1954 Act and in terms made applicable to the Commissioner.
The Royal Commission on Espionage, as it was entitled, was established by Letters Patent issued on 3 May 1954 in the name of the Crown and in pursuance of the Commonwealth of Australia Act No 2 of 1954, the Royal Commission Act 1954, by the then Governor-General of the Commonwealth of Australia, Viscount Sir William Slim. The Letters Patent were proclaimed on 3 May 1954 (Commonwealth of Australia Gazette, No 28 of 1954, Monday, 3 May 1954, p 1287).
In that proclamation the Governor-General appointed the Honourable William Francis Langer Owen, a Judge of the Supreme Court of New South Wales, the Honourable Rosyln Foster Bowie Philp, a Judge of the Supreme Court of Queensland, and the Honourable George Coutts Ligertwood, a Judge of the Supreme Court of South Australia, as the Royal Commissioners. Mr Justice Owen was appointed to be the Chairman and the Secretary was Mr K Herde.
The Royal Commission's Terms of Reference were contained in the Letters Patent. The Commission was required to inquire into and report upon:
a. the information given to the Commonwealth by Vladimir Mikhailovich
Petrov as to the conduct of espionage and related activities in
Australia and matters related to or arising from that information;
b. whether espionage has been conducted or attempted in Australia by
representatives or agents of the Union of Soviet Socialist
Republics and, if so, by whom and by what methods;
c. whether any persons or organisations in Australia have
communicated information or documents to any such representative
or agent unlawfully or to the prejudice or possible prejudice of
the security or defence of Australia; and
d. whether any persons or organisations in Australia have aided or
abetted any such espionage or any such communication of
information or documents, and generally, the facts relating to
and the circumstances attending any such espionage or any such
communication of information or documents.
Later in 1954, the Commonwealth Parliament passed more legislation in order to clarify the legal and constitutional authority of the Royal Commission. On 11 August 1954 Mr Menzies introduced into the House of Representatives the Royal Commission on Espionage Bill 1954.
In his second reading speech Mr Menzies told the House that the purpose of the Bill was to put beyond doubt the authority and powers of the Royal Commission and to protect its proceedings. He said this was necessary because of the fact that as soon as the Royal Commission had begun to hear evidence indicating the identity of some of the persons who were alleged to have supplied information to the Soviet Union, certain proceedings were begun in the High Court. One of these was instituted by Rupert Lockwood who was seeking an injunction to prevent the Commonwealth and the Royal Commission from proceeding. In the result, Mr Menzies pointed out, that the work of the Commission had continued without interruption, but the two High Court actions were still pending and some witnesses had refused to appear before the Commission.
Mr Menzies asserted that:
"The Government is determined .... that the Commission's inquiries
should not be thwarted by avoidable legal technicalities.
Accordingly we are, in this bill .... asking the parliament to do
everything in its power to put beyond further question the validity
of the Royal Commission, and to make its powers effective. I have
already indicated that this bill is a proposed law with respect to
external affairs and defence." (Commonwealth of Australia
Parliamentary Debates, House of Representatives, 21st Parliament 1st
Session (1st Period), pp 156-157)
The Bill passed through all stages of the Parliament and, after receiving the Royal Assent on 14 August 1954 (Commonwealth of Gazette, No 53 of 1954, 26 August 1954, p 2507) became Commonwealth of Australia Act No 28 of 1954, the Royal Commission on Espionage Act 1954.
The Royal Commission presented an Interim Report to the Governor-General on 21 October 1954 (Commonwealth of Australia Parliamentary Papers, (General) Session 1954-55, Vol III, p 623. See Report of the Royal Commission on Espionage, Appendix 2, p 418, Parliamentary Papers (General) Session 1954-55, Vol III, p 612).
This report was presented to the Commonwealth Parliament on 26 October 1954 (Commonwealth of Australia Parliamentary Debates, House of Representatives, 21st Parliament, First Session (First Period)
p 2289) and ordered to be printed on 2 June 1955 (Commonwealth of Australia Parliamentary Debates, House of Representatives, 21st Parliament, First Session (Second Period) p 1369).
The Report of the Royal Commission was presented to his Excellency the Governor-General on 22 August 1955 (Commonwealth of Australia Parliamentary Papers (General) Session 1954-55, Vol III, The Report of the Royal Commission on Espionage, p 302).
The Report was presented to the Commonwealth Parliament on 14 September 1955 (Commonwealth of Australia Parliamentary Debates, House of Representatives, 21st Parliament, First Session (Third Period) p629) and ordered to be printed on 26 October 1955 (Commonwealth of Australia Parliamentary Debates, House of Representatives, 21st Parliament, First Session (Third Period)
p 1935).
The Report that was printed as a Parliamentary Paper contains the findings of the Commission. However, their findings are qualified by paragraph 21 of the introductory section of the Report. In that section it is stated that with certain exceptions the evidence which was taken in private session has been printed in the public transcript. The exceptions include some or all of the evidence of certain persons who either are or were senior servants of the Crown, such as the Director General of Security, the Deputy Secretary of the Department of Defence, certain Security Officers, Mr Justice S C Taylor, who was for a period in charge of war-time Security Service in NSW, and Dr J W Burton, who was formerly permanent head of the Department of External Affairs. The Commission proposed to publish little of that evidence since the subjects on which these witnesses were examined concerned for the most part, their actions as senior servants of the Crown and related to matters occurring within their Departments, some of which were of a confidential character. The question of whether that evidence should be published in the future was a matter which the Commission believed should be determined by the Crown on principles applicable to the disclosure or non-disclosure of matters of State (Commonwealth of Australia Parliamentary Papers (General) Session 1954-55, Vol III, pp 202-203, Report of the Royal Commission on Espionage pp 6-7). The findings and conclusions of the Royal Commission can be found in the Report of the Commission, printed as a Parliamentary Paper (see references above).
Sources
Borchardt, Checklist of Royal Commissions 1960-1980, p 5
Parliamentary Papers (see references in note)
Historical agency address
Headquarters: "St Brigids", 548 New South Head Road, Double Bay NSW
Hearings:
17 May 1954-19 May 1954: Albert Hall, Canberra
11 Jun 1954-19 Jun 1954: High Court, Taylor Square, Darlinghurst NSW
30 Jun 1954-23 Jul 1954: High Court Bourke Street, Melbourne
16 Aug 1954-31 Mar 1955: No 1 Court, Darlinghurst NSWLegislation administered
Commonwealth of Australia Act No.12 of 1902, Royal Commissions Act 1902-1933
Commonwealth of Australia Act No.2 of 1954, Royal Commission Act 1954
Commonwealth of Australia Act No.28 of 1954, Royal Commission on Espionage Act 1954