About the Board of Inquiry
How a Board of Inquiry (BOI) works in the ACT
A Board of Inquiry is appointed by the government to investigate a matter, gather evidence, and make recommendations under the Inquiries Act 1991.
The ACT Government can appoint one or more people to a Board of Inquiry to investigate a specific issue.
There have only been 2 Inquiries under the Inquiries Act held in the ACT since self-government was introduced in 1988.
How a BOI is conducted
The Board decides how to conduct the inquiry but must follow the rules of natural justice (fairness). They aren't bound by strict court rules of evidence and can gather information as they see fit.
The Board can arrange for public servants to help them. They can also appoint a lawyer for legal support.
The Board can hold public or private hearings to gather information. They can control who attends hearings and what evidence is made public. They have the power to call witnesses to give evidence under oath.
Powers of the BOI
The chairperson can issue search warrants under specific rules and it is an offence to be in contempt of the Board. It will be up to the Board on when and how it chooses to use these powers, but it must be within the scope of the terms of reference for the Inquiry.
Findings from the BOI
The Board must prepare a report of their findings and give it to the Chief Minister. The Chief Minister may present this report to the Legislative Assembly and/or make it public. If the report isn't shared within a set timeframe, the Chief Minister must explain why.
Adverse comments
If the Board plans to make negative comments about someone in their report, they must give that person a chance to respond. The Board must then include that person’s response in the final report.
About the Board of Inquiry into Aboriginal and Torres Strait Islander deaths in custody in the Alexander Maconochie Centre
Start date of the BOI
The ACT Government have carefully considered stakeholder and legal issues about the right time to start, understanding that the BOI will have a significant impact on individuals and the community.
It is important to take the time to plan properly, including seeking input and guidance from the Aboriginal and Torres Strait Islander community. The government is currently focusing on establishing the community advisory committee to provide advice on aspects of the Board of Inquiry. This will help to understand the funding that needs to be considered through the budget process and time needed to set up and run the Inquiry.
As a result, it is not possible to confirm the start date of the BOI at this stage.
Other reviews underway
The 2025 Healthy Prison Review is due to be delivered by the ACT Inspector of Custodial Services before the end of this year. A Healthy Prison Review is a whole-of-centre review focusing on all aspects of treatment and care of detainees, staff and visitors in a correctional environment.
The ACT Government commissioned a review by the Jumbunna Institute to help address over-representation. The final report was delivered on 30 June 2025 is titled: Review into over-representation of First Nations people in the ACT justice system.
The review contains 99 recommendations that span across the spectrum of ACT Government, including corrective services, community supports, policing, courts and sentencing, the administration of bail, youth justice, child protection, and education.