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29 Griffith L. Rev. 1 (2020)

handle is hein.journals/griffith29 and id is 1 raw text is: GRIFFITH LAW REVIEW                                                      Routledce
2020, VOL. 29, NO. 1, 1-4
https://doi.org/10.1080/10383441.2020.1868626                            Taylor & Francis Group
INTRODUCTION
Introduction to the Griffith Law Review Commission of Inquiry
special issue
Eugene Schofield-Georgeson and Thalia Anthony
University of Technology Sydney
These introductory remarks outline the themes and articles that comprise this special
issue of the Griffith Law Review on 'Commissions of Inquiry'. The guest editors explain
how the work collected in this issue draws on a rich interdisciplinary scholarship and
critical analysis to reveal both the prospects as well as limitations of such inquiries.
The articles tackle issues ranging from banking and finance capitalism, to child sexual
abuse; as well as First Nations' experiences of imprisonment, deaths in custody and set-
tler colonial violence; and international Truth and Reconciliation Commissions.
In late 2020, Victoria's First Peoples' Assembly won Government support for a First
Nations truth and justice commission. One of the early observations by Professor Gre-
gory Phillips, a Waanyi-Jaru man, was the need for a genuine truth-telling process along-
side national healing and substantive justice.' This is a sobering message and made with
reference to the limits of the South African Truth and Reconciliation Commission,
especially in relation to its failure to deliver on justice. All too often, commissions of
inquiry and truth-telling processes have good intentions but are hamstrung by legal
and bureaucratic requirements and a lack of government will to follow-through with
implementing the fullness of recommendations. By 2021, the failures of government to
implement core recommendations of the Royal Commission into Aboriginal Deaths in
Custody year have come to be regarded as contributing to the subsequent 474 First
Nations deaths in custody.2
This special issue of Griffith Law Review on Commissions of Inquiry discusses the
strengths and weaknesses of inquiries. At best, they enable stories of the marginalised
and oppressed to be heard, heal and strengthen survivors and provide a mechanism
for justice to be delivered. At worst, they are a decoy for government action and retrau-
matise survivors. The analyses of the inquiries examined in this collection demonstrate
the need to learn from the successes and failures of commissions of inquiry of this kind.
The articles convey the substantial scope for inquiries to provide more meaningful
outcomes for survivors and public policy. To do this, those responsible for wrongs
and crimes need to be held accountable. Yet rarely does this occur in adequate measure.
This failure curtails the capacity of inquiries to make amends through reconciliation and
CONTACT Eugene Schofield-Georgeson  Eugene.Schofield-Georgeson@uts.edu.au - University of Technology
Sydney
'What Australia's first Aboriginal truth and justice commission might look like', ABC News, 12 December 2020, https://
www.abc.net.au/news/2020-12-12/australian-aboriginal-truth-and-justice-commission-what-is-it/ 2956326.
2Anthony et al. (2021).
© 2021 Griffith University

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