Former High Court chief justice Robert French has heaped pressure on the Albanese government, adding to calls for a “whole-of-Australia” Royal Commission into the Bondi Beach terror attack.
It comes after Prime Minister Anthony Albanese snubbed a Commonwealth Royal Commission on Sunday, instead announcing a departmental review into the massacre.
However, Mr French, who served as chief justice from 2008 to 2017, warned the tragedy created a “moral imperative” to “consider the conditions which gave rise to the attack” after 15 innocent people lost their lives.
In a statement issued to Sky News, he described the attack as “a moment of surreal evil” and said it demanded a Commonwealth Royal Commission.
“The attack on Jewish Australians at Bondi Beach was a moment of surreal evil. It has given rise to a moral imperative on the Australian nation as a whole,” Mr French said.
“That is an imperative to consider the conditions which gave rise to the attack and the practical mechanisms which were or could have been available to Commonwealth and State agencies to prevent it.
“It requires consideration of the measures necessary to strengthen and add to those mechanisms including enhanced Commonwealth and State cooperation and cooperation with foreign governments and international agencies.”
Mr French proposed the creation of a joint Commonwealth–State Royal Commission, with input from federal, state and territory governments.
He said such a structure would enliven statutory powers across jurisdictions and require reporting to every Australian government.
“A most effective way of acknowledging and meeting the moral imperative generated by the Bondi Beach massacre would be the creation of a whole-of-Australia Royal Commission,” he said.
The former chief justice said the inquiry should prioritise the functions, powers and cooperative arrangements of intelligence, law enforcement and security agencies.
“Such a Royal Commission could give priority to the practical questions of the functions and powers and cooperative arrangements of Commonwealth and State agencies,” he said.
“That priority could be recognised by the provision of an interim report on those and other topics regarded as urgent.”
Mr French stressed governments would not need to pause their immediate responses to the attack while a commission was underway.
Home Affairs Minister Tony Burke had previously shut down the prospect of a Royal Commission, saying it would cause unnecessary delay.
“There is no requirement for governments to put on hold their responses to the attack pending the provision of reports by the Royal Commission,” Mr French said.
He also argued the inquiry must confront antisemitism directly, warning against treating it as merely another form of prejudice.
“Nor can we avoid a clear-eyed further public examination of the nature and sources of antisemitism and what can be done to combat it,” Mr French said.
“(Antisemitism) not as just another species of racism or prejudice, but as a societal evil with its own longstanding and bloody history.
“The events at Bondi Beach require a whole of Australia response which transcends politics and which by its very independence generates a powerful force for change.”
The intervention by one of Australia’s most senior former jurists adds to mounting pressure on Prime Minister Anthony Albanese to convene a national Royal Commission.
There has been widespread criticism of Mr Albanese’s decision to launch a Department of Prime Minister and Cabinet-led review of federal law enforcement and intelligence agencies.
On Sunday, Mr Albanese announced the internal review would be led by former senior public servant and intelligence chief Dennis Richardson.
The review will examine whether federal agencies had the right powers, structures and information-sharing arrangements in the wake of the horrific Bondi Beach attack.
Mr Albanese stopped short of committing to a Royal Commission, saying he would support a state-based NSW Royal Commission, led by Premier Chris Minns.
However, the NSW commission would not have the power to examine federal agencies or international intelligence arrangements.
Critics across the political spectrum dismissed the federal review announced by Mr Albanese as inadequate.
Wentworth independent MP Allegra Spender said a process led by the Prime Minister’s own department amounted to the government “investigating itself”.
“The PM’s own department leading a federal review is the government investigating itself — it won’t cut it,” she said.
“We need a joint Commonwealth-State inquiry that is genuinely independent and with real powers if we are to ensure lessons are learned and meaningful change is delivered.”
The federal opposition also warned the department-led review was insufficient and urged Mr Albanese to establish a Royal Commission before Christmas.
Opposition Leader Sussan Ley offered to provide draft terms of reference and work on a bipartisan basis to confront the underlying causes of the massacre.
Ms Ley said the victims and their families “deserve truth, accountability and action” and called on Mr Albanese to act before Christmas.
The Bondi Beach attack occurred during a seaside Hanukkah celebration on Sunday December 14, leaving 15 people dead and more than 40 injured.
Sajid Akram, 50, was shot dead by police at the scene, while his 24-year-old son Naveed Akram has been charged with 59 offences, including murder and terrorism.