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Terms of Reference 

NEW SOUTH WALES

CHARLES THE THIRD, by the Grace of God, King of Australia and His other Realms and Territories, Head of the Commonwealth.

TO

The Honourable Peter McClellan AM KC

GREETING

By these Our Letters Patent, made and issued by Our Governor under the authority of the Special Commissions of Inquiry Act 1983 with the advice of the Executive Council, We hereby authorise you as Commissioner to inquire into and report to Our Governor of the said State on the circumstances related to the sexual offences committed by Wayne Astill at Dillwynia Women’s Correctional Centre including:

A. Whether any other employee of Corrective Services NSW had knowledge or reasonable suspicion of the offending and if so, when, and what steps they took in relation to that knowledge or suspicion

B. Whether any person engaged in the management of Dillwynia Women's Correctional Centre had knowledge or reasonable suspicion of the offending and, if so, when, and what steps that person took either alone or as a member of the management team in relation to that knowledge or suspicion

C. The systems of supervision and oversight that applied in relation to Wayne Astill at Dillwynia Women's Correctional Centre, their adequacy, and how they could be improved to reduce the risk of serious offending

D. The policies and processes available at Dillwynia Women's Correctional Centre for inmates or staff to raise complaints about misconduct, including sexual offending by correctional officers

E. Whether the circumstances related to Astill's offending and your findings require further consideration of broader site or case specific or Corrective Services NSW wide investigations

F. Whether the circumstances related to Astill's offending or any other matter revealed by this inquiry, related to the Dillwynia Women's Correctional Centre, indicates inadequacies in the policies and procedures for professional oversight and/or the conduct of professional standards investigations that apply to Corrective Services NSW, and whether, in particular, they are sufficiently independent and robust

G. Whether any matters arising from the inquiry should be referred to the Independent Commission Against Corruption (ICAC) or the NSW Police Force for further investigation.

AND FURTHER, WE authorise you to make recommendations to address the issues raised.                  

AND hereby establish a Special Commission of Inquiry for that purpose.

AND We direct you, in conducting the inquiry to operate in a way that avoids prejudice to criminal investigations, any current or future criminal prosecutions, and any other contemporaneous inquiries.

AND pursuant to section 21 of the Special Commissions of Inquiry Act 1983 (NSW) it is hereby declared that sections 22, 23 and 24 shall apply to and in respect of the Special Commission issued to you by Our Letters Patent.

AND OUR further will and pleasure is that you do, as expeditiously as possible, but in any case on or before 15 December 2023, deliver your final report in writing of the results of your inquiry to the offices of the Premier and Our Governor in Sydney.

IN WITNESS, We have caused these Our Letters to be made Patent and the Public Seal of Our State to be hereunto affixed.

WITNESS Her Excellency the Honourable Margaret Beazley, Companion of the Order of Australia, King’s Counsel, Governor of the State of New South Wales in the Commonwealth of Australia.

Dated this 13^th day of September 2023

[signed]

Governor of NSW

By Her Excellency’s Command,

[signed]

Premier of NSW

Download: Terms of Reference (PDF, 412.7 KB)

Updated Terms of Reference

NEW SOUTH WALES

CHARLES THE THIRD By the Grace of God King of Australia and His other Realms and Territories, Head of the Commonwealth:

TO

The Honourable Peter McClellan AM KC

GREETING

WHEREAS, by Letters Patent, made and issued in in the name of His Majesty King Charles the Third by Our Governor of Our State of New South Wales on 13 September 2023, We authorised you as sole Commissioner to inquire into and report to Our Governor of the said State on the circumstances related to the sexual offences committed by Wayne Astill at Dillwynia Women’s Correctional Centre,

AND WHEREAS it is desirable that the Letters Patent of 13 September 2023 be altered and varied to amend the date by which you are to report under the Special Commissions of Inquiry Act 1983 (NSW),

NOW THEREFORE, by these Our Letters Patent, made and issued in Our name by Our Governor on the advice of the Executive Council and under the authority of the Special Commissions of Inquiry Act 1983 (NSW) and every other enabling power, We hereby alter and vary the Letters Patent of 13 September 2023 by omitting “15 December 2023” in the paragraph beginning “AND OUR further will” and inserting instead “29 February 2024”.

AND IT IS FURTHER DECLARED that these Letters Patent are to be read with the Letters Patent constituting your Commission.

IN WITNESS, We have caused these Our Letters to be made Patent and the Public Seal of Our State to be hereunto affixed.

WITNESS Her Excellency the Honourable Margaret Beazley, Companion of the Order of Australia, King’s Counsel, Governor of the State of New South Wales in the Commonwealth of Australia.

Dated this 6th day of December 2023.

[signed]

Governor of NSW

By Her Excellency’s Command,

[signed]

Premier of NSW

Download Updated Terms of Reference (PDF, 148.3 KB)

Counsel assisting

Counsel assisting the Special Inquiry are David Lloyd SC and Joanna Davidson.

David Lloyd SC was admitted as a barrister in 2008 and was appointed Senior Counsel in 2020.

Joanna Davidson was admitted as a barrister in 2012.