Judges take a risk when they step outside the courtroom to play the role of royal commissioner

Dyson Heydon wasn’t the first royal commissioner to face allegations of bias, and he’s unlikely to be the last. Other commissioners, especially in Queensland, have fallen victim to the hazards they can encounter when they take on extrajudicial investigations. While Heydon’s alleged transgression was undoubtedly much milder than those of some of his predecessors, it has raised again the peculiar status of the government-appointed commissions and those who agree to run them.

When Queensland premier Peter Beattie appointed Tony Morris QC to head a commission of inquiry in 2005, the job seemed clear and uncontroversial. Following scandals at Bundaberg Hospital, Morris was asked to investigate the government agency concerned, Queensland Health, and its recruitment of foreign-trained doctors. A senior lawyer of many years standing, Morris could have been expected to understand and conform to the rules about bias and procedural fairness…

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