Back
Politics

Royal Commission Launched to Investigate Bondi Attack and Antisemitism

View source

Australia has established a federal royal commission to investigate the December 2023 Bondi Beach attack and the broader issues of antisemitism and social cohesion in the country. Announced by Prime Minister Anthony Albanese, the inquiry aims to examine the circumstances of the attack, identify the drivers of antisemitism, and propose recommendations to strengthen national unity and counter extremism.

The commission commenced proceedings on January 9 and held its first public hearing on February 23.

Background to the December 14 Attack

On December 14, 2023, a horrific attack occurred at a Hanukkah event near Bondi Beach in Sydney. The incident tragically resulted in the deaths of 15 individuals and approximately 40 injuries.

Authorities believe the attack was inspired by ISIS. The perpetrator, Sajid Akram, was fatally shot by police at the scene. His son, Naveed Akram, faces multiple charges, including 15 counts of murder, 40 counts of attempted murder, and a terrorism offense in connection with the incident.

Establishment of the Royal Commission

Prime Minister Anthony Albanese announced the establishment of the Royal Commission on Antisemitism and Social Cohesion following weeks of public pressure and advocacy from various groups, including prominent members of the Jewish Australian community and legal professionals.

Initially, Mr. Albanese had expressed concerns regarding the potential duration of a federal royal commission and the possibility of antisemitism being amplified during public hearings. He had previously offered Commonwealth support for a state-led inquiry, and New South Wales Premier Chris Minns had considered a state-based commission but withdrew the proposal after the federal announcement.

Discussions with the Jewish community and victims' families, along with his own reflection, led the Prime Minister to conclude that a national inquiry was essential for promoting national unity and social cohesion. The federal inquiry was deemed necessary due to the national implications of the attack and the rise of antisemitism, which extend beyond any single state's jurisdiction and involve federal agencies.

The commission was formally established via "letters patent" from the Governor-General, which defines social cohesion as:

"the national consensus in support of democracy, freedom and the rule of law."

Commission Leadership

Former High Court Justice Virginia Bell AC has been appointed to lead the commission.

Prior to her official appointment, concerns regarding Ms. Bell were reported within some sections of the Jewish Australian community, with some members associating her with the political left and questioning if an inquiry led by her would adequately examine the role of the government and the impact of radical Islamic extremism. Other individuals, including former High Court chief justice Robert French, former Federal Court chief justice James Allsop, and Federal Court judge Michael Lee, were also reportedly considered or expressed support for a national inquiry.

Following Ms. Bell's official appointment, Attorney General Michelle Rowland affirmed her qualifications, describing her as an "eminent and highly capable former Justice of the High Court of Australia" who would examine complex issues with "impartiality and precision." Antisemitism Commissioner Jillian Segal also supported the government's decision, acknowledging the seriousness of the growth in antisemitism. Prime Minister Albanese clarified that the inquiry is not intended to address geopolitical conflicts.

Scope and Mandate of the Inquiry

The Royal Commission possesses extensive investigative powers, including the authority to summon witnesses and compel agencies to produce documents, and offers legal protections to whistleblowers. Its terms of reference direct it to:

  • Examine the nature, prevalence, and key drivers of antisemitism in Australian institutions and society, including religiously and ideologically-motivated extremism and radicalisation.
  • Formulate recommendations for law enforcement, border control, immigration, and security agencies regarding efforts to counter antisemitism.
  • Investigate the specific circumstances of the December 14 attack at Bondi.
  • Provide recommendations to strengthen social cohesion in Australia and counter the spread of ideologically and religiously-motivated extremism.
  • Examine any other matter considered relevant to the inquiry.

Commissioner Bell stated that while antisemitism would be the initial focus, the inquiry would also address prejudice against other religious faiths, ethnicities, and cultures in Australia. The commission will adopt the International Holocaust Remembrance Alliance's (IHRA) working definition of antisemitism, which describes it as:

"a certain perception of Jews which may be expressed as a hatred towards Jews."

Ms. Bell clarified that criticism of Israeli government policies is not inherently antisemitic.

Due to ongoing criminal proceedings related to the attack, Ms. Bell announced that the inquiry's scope would be limited to prevent prejudicing these proceedings. As a result, the commission will not lead evidence directly concerning the attack's unfolding, the heroism of responders, or the provision of medical assistance to the wounded. Bell plans to meet with families of the deceased to explain these limitations.

Timeline and Reporting

The commission commenced proceedings on January 9. Commissioner Bell has been directed to submit an interim report by April 30, 2025.

The final report and recommendations are anticipated by December 14, 2025, coinciding with the first anniversary of the attack. Ms. Bell emphasized her intention to conduct the inquiry expeditiously, while acknowledging that strengthening social cohesion could be a long-term endeavor. Live streams and transcripts of public hearings will be accessible via the royal commission's website, though some hearings may be conducted privately to prevent the dissemination of antisemitic views or information that could prejudice future criminal proceedings.

Integration of Other Reviews

An independent review into security and intelligence agencies' actions prior to the Bondi attack, led by former spy chief Dennis Richardson, will be integrated into the royal commission's work. This "Richardson Review" was initially due in April 2025 and will now contribute to the commission's interim report.

Related Legislative and Policy Actions

In the immediate aftermath of the December 14 attack, state and federal leaders agreed to tighten gun controls, including limitations on the number and types of firearms an individual can possess, and the introduction of a buyback scheme.

The government also committed to reforms in hate speech legislation, including penalties for individuals promoting violence and the establishment of a new federal offense for "aggravated hate speech." Parliament subsequently passed modified legislation granting powers to list "hate groups," a measure which drew criticism from some regarding potential infringements on free speech.

The government had also committed to adopting recommendations from a July 2023 report by Antisemitism Commissioner Jillian Segal, which included proposals for monitoring universities and arts organizations and potentially withholding funding if they failed to address antisemitism. This report had drawn criticism from some groups due to perceived implications for free speech. Earlier plans for new racial vilification laws were shelved by Prime Minister Albanese in January due to insufficient Senate support, amidst concerns about free speech and demands from other groups for broader protections.

Community and Political Responses

The decision to launch the royal commission was broadly supported, with Attorney General Michelle Rowland and Antisemitism Commissioner Jillian Segal publicly endorsing the initiative.

However, Labor MP Ed Husic urged the Royal Commission to broaden its inquiry to include Islamophobia, arguing that Muslim Australians should not have to "beg for protection." Statistics from the Executive Council of Australian Jewry (ECAJ) reported a 700% increase in antisemitic incidents since October 7, 2023, while the Islamophobia Register of Australia documented a 619% rise in reported Islamophobia incidents over the same period. Bilal Rauf from the Australian National Imams Council supported Husic's call, describing animosity towards Muslim Australians after the Bondi attacks as "worse than after 9/11" and expressing disappointment that the government had not mandated the consideration of Islamophobia.

Simone Abel from the ECAJ maintained that the Royal Commission's terms of reference were appropriate, given the Bondi attack specifically targeted Australian Jews. She argued that different forms of racism manifest uniquely and require specific examination.

Related Developments

Philippa Brant, Prime Minister Anthony Albanese's national security adviser, resigned from her role to pursue a career change. A Labor source stated that her resignation was unrelated to recent terrorist events.