The Commonwealth Government has established the Royal Commission on Antisemitism and Social Cohesion, reflecting heightened national concern about antisemitism and its impact on community safety, education and social cohesion.
The Royal Commission will hold its first public hearing on 24 February 2026.
For schools, understanding how a royal commission operates and how institutions may become involved, is important.
Key Royal Commission Timeframes
The Royal Commission has been established with a relatively compressed timetable:
- An interim report is due by 30 April 2026
- A final report is due by December 2026
During this period, the Commission will gather evidence through submissions, hearings and compulsory information-gathering powers.
Royal Commission Powers
Royal commissions have broad coercive powers under federal legislation. Relevantly, the Commission may:
- Call for written submissions
- Hold public or private hearings
- Issue notices to produce documents or information
- Summon witnesses to give evidence under oath
Failure to comply with a notice to produce, without reasonable excuse, can constitute a criminal offence. Timeframes for compliance are often short.
How Schools May Become Involved
Schools may come to the attention of the Commission in two primary ways:
1. Notices to produce
Schools may be required to produce documents such as:
- Anti-discrimination or inclusion policies
- Records of reported incidents
- Training materials or internal communications
- Governance or complaints-handling frameworks
Early legal advice is important, particularly where privilege, confidentiality or sensitive material is involved.
2. Case Study Examination
As with other royal commissions, the inquiry may examine particular institutions as case studies, involving closer scrutiny of policies, responses and decision-making. While no case studies have yet been announced, schools with diverse communities or prior incidents may wish to prepare for this possibility.
What Schools Should Do Now
- Review document retention and retrieval processes – particularly if schools are aware of any incidents of antisemitism within its communities that may be the subject of submissions
- Ensure policies and procedures are current and consistently applied
- Identify key stakeholders and decision-makers
- Consider whether a voluntary submission would be appropriate – the Royal Commission has not yet started receiving submissions
- Seek early legal advice if contacted by the Commission
Conclusion
Royal commissions are powerful and highly public processes. For non-government schools, early preparation and informed engagement can significantly reduce legal, operational and reputational risk, and ensure the institution is well placed should the Commission seek information or evidence.
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Disclaimer: This article provides general information only and is not intended to constitute legal advice. You should seek legal advice regarding the application of the law to you or your organisation.