Albanese Government Moves to Establish Federal Royal Commission into Bondi Attack and Antisemitism

Government sources say Prime Minister Anthony Albanese may formally announce the decision later this week. While the final terms of reference are still being discussed, there are strong indications that the government is moving towards a full federal-level inquiry.

Some members of the Jewish community had urged the government to appoint Federal Court Justice Michael Lee to head the commission. However, the government has opted for Justice Bell. Justice Lee previously presided over the defamation case brought by Bruce Lehrmann, in which the court found on the balance of probabilities that the former Liberal staffer had raped Brittany Higgins.

On Wednesday, Prime Minister Albanese held a series of meetings with Jewish community leaders and also met with the National Security Committee, signalling the government’s growing commitment to a federal Royal Commission.

It is still unclear whether this new commission will be conducted jointly with the New South Wales government’s inquiry or how it will be coordinated with the intelligence investigation being led by former ASIO chief Dennis Richardson.

Justice Bell has led several major investigations in the past, including the inquiry into former prime minister Scott Morrison’s secret appointments to multiple ministerial portfolios. She served as a Justice of the High Court of Australia from 2009 to 2021, previously sitting on the New South Wales Supreme Court from 1999 to 2008 and on its Court of Appeal in 2008. She also served as Counsel Assisting the Royal Commission into the New South Wales Police Service in 1995–96.

Former New South Wales Chief Justice James Spigelman has repeatedly praised Bell for her deep knowledge of the Commonwealth Criminal Code and her expertise in criminal justice. In 2016, she was invited to deliver the prestigious Sir John Monash Oration, an honour also bestowed on Australia’s current Special Envoy on Antisemitism, Jillian Segal.

According to The Australian, growing political pressure in the weeks following the Bondi attack has led Prime Minister Albanese and New South Wales Premier Chris Minns to discuss the possibility of a joint state–Commonwealth Royal Commission.

One key limitation of a state-based Royal Commission is that it cannot compel Commonwealth officials or agencies to provide evidence. A federal Royal Commission would remove that barrier, allowing for broader powers to obtain testimony and documents.

Australia has previously held several joint Royal Commissions, including those into Aboriginal deaths in custody (1987–91), violence and abuse against people with disability (2019–23), and child sexual abuse.

Under such arrangements, the Governor-General issues Commonwealth letters patent, while the governors of participating states approve the same commissioners and terms of reference.

Prime Minister Albanese recently confirmed ongoing talks with the NSW government.
“The New South Wales government has announced a Royal Commission. We are discussing how it will be conducted,” he said. “We are also engaging with community leaders to ensure that everything possible is done to restore social harmony.”

Both government and opposition figures are pushing for the Royal Commission to examine not only antisemitism but also the events leading up to the Bondi attack, with the power to compel current and former ministers to give evidence.

Former Home Affairs Secretary Mike Pezzullo said ministers should not be exempt from scrutiny. He argued the commission must examine the spread of antisemitism, the ongoing threat of Islamist extremism, and the underlying causes driving both.

Several Labor MPs want a separate Royal Commission into antisemitism to run alongside Dennis Richardson’s intelligence review. A party source said that just two weeks ago a Royal Commission seemed unlikely, but it now appears almost certain.

Opposition Leader Susan Ley has called for the immediate establishment of a federal Royal Commission, accusing the government of delaying and failing to listen to victims.

Meanwhile, Prime Minister Albanese has reiterated that the government is exploring every possible avenue to confront antisemitism and is maintaining regular contact with community leaders.

Dennis Richardson’s inquiry will continue to assess the capabilities, structure and coordination of intelligence agencies in relation to the Bondi attack. However, many within Labor believe that only a Royal Commission can provide a comprehensive and structural examination of the broader problem of antisemitism in Australia.