Royal Commission into Banking & Financial Services Sector – the first Practice Guideline

January, 2018

By Lisa-Marie McKechnie, Partner, and Ahmed Rizk, Lawyer

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (“Royal Commission”) has recently released Practice Guideline 1 which sets out general guidance about the procedures the Royal Commission will follow. The full Practice Guideline is available here and contains useful introductory information on a number of procedural issues, a summary of which follows.

Initial Public Hearing

Production of Documents


Under section 6D(3) of the Royal Commissions Act 1902 (Cth), the Royal Commission is entitled to prohibit or restrict the publication of any evidence given before it (including produced documents) or any information that might enable a person who has given evidence before the Commission to be identified (“Non-publication Order”).

For persons wishing to make an application for a Non-publication Order, the Practice Guideline requires that:

Whilst an application is determined by the Commissioner, confidentiality will be maintained. Applicants will be notified in writing once the Commissioner has determined the application.

What happens next?

To further assist parties involved in the Royal Commission, it is highly likely that further Practice Guidelines will be released. The Royal Commission into Trade Union Governance and Corruption issued 17 Practice Directions during the course of the Royal Commission. Given the magnitude of the Royal Commission’s task, it will not be a surprise to see it issue a similar number of Practice Guidelines.

The Royal Commission has already foreshadowed issuing a Practice Guideline in relation to a person applying for leave to appear before the Royal Commission. This Practice Guideline is likely to be issued after the completion of the Initial Public Hearing.

Watch this space for further updates as each Practice Guideline is released.

Contact Mills Oakley

For further information, please do not hesitate to contact:


Lisa-Marie McKechnie | Partner

T: +61 2 8289 5857

Ahmed Rizk | Lawyer

T: +61 2 8289 5814

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