1.7 Inquisitorial function

The House of Commons has long been referred to as the "great inquest of the nation". By this it is meant that the House of Commons is able to inquire into all instances of alleged abuses or misconduct, and institute inquiries with coercive powers in order to assist it in that function. Queensland's Legislative Assembly may likewise act in an inquisitorial manner and institute inquiries to assist it to uncover instances of abuse or misconduct, and to investigate the need for reform. This inquisitorial function is closely related to the Legislative Assembly's other functions to scrutinise the Executive and to legislate. Parliamentary investigations or inquiries are generally conducted by parliamentary committees, although in recent Queensland history there has been a Parliamentary Judges Commission of Inquiry, which was constituted by former High Court and Supreme Court judges and which reported back to the Legislative Assembly. The Legislative Assembly and any committee authorised by the Assembly have the power to call for persons and papers.

Section 41 of the Constitution Act 1867 provides:

The Legislative Assembly of the said State and any committee of such House duly authorised by the House to send for persons and papers may order any person to attend before the House or before such committee as the case may be and also to produce to such House or committee any paper book record or other document in the possession or power of such person.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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