Secret documents into allegations against former High Court Justice Lionel Murphy could be available after September 25 … Statutory embargo to end shortly … Parliamentary Commission of Inquiry into behaviour of Justice Murphy … Release of documents now subject to written authority of the President of the Senate and Speaker of the House of Reps … Last vestige of suppressed information is nigh 

THE statutory 30 years of secrecy applied to documents relating to the “conduct of the Hon. Lionel Murphy” draws to an end in nine days time – on September 25. 

These were the documents held by the Parliamentary Commission of Inquiry set up to investigate 14 allegations about the conduct of the High Court judge and whether they amounted to proved misbehaviour within the meaning of s.72 of the Constitution.  

The commission, comprised of Sir George Lush, Sir Richard Blackburn and Andrew Wells QC, came into being in May 1986, following Murphy’s acquittal at his second trial on a charge of attempting to pervert the course of justice.

This related to the “my little mate” affair, where the High Court judge was alleged to have approached the chief magistrate Clarrie Briese in an improper attempt to influence the forthcoming criminal trial of his friend, solicitor Morgan Ryan.  

Murphy applied to the High Court for an injunction to stop the commission sitting on the ground that the legislation was invalid and that Wells should be disqualified from taking part. 

In July 1986 Murphy was diagnosed with terminal cancer with only a short time to live. The following month he withdrew his High Court challenge to the commission’s validity and the commission itself said it would be unable to complete its work. 

On September 25, 1986 assent was given to the Parliamentary Commission of Inquiry (Repeal) Act.

This legislation vests in the presiding officers of the senate and the house of representatives all the documents held by the commission of inquiry. 

Section 6 says that for 30 years after the commencement of the repeal Act no one other than a presiding officer is entitled to access documents of the commission classified as “Class A”. These are the documents containing material “relating to the conduct of the Hon. Lionel Keith Murphy”. 

Class B documents are those dealing with the interpretation of section 72 of the Constitution. 

From September 26, 2016 Class A documents can be made available “with the written authority of the presiding officers”.  

Hard line conservatives agitated during the Howard years for legislation to amend the Parliamentary Commission of Inquiry (Repeal) Act, so they could get an early break on the “behaviour material”. 

You can be sure that from Sunday week historians, reptiles of the media and members of the Nasty Party will be lining-up seeking the permission of the presiding officers to release the Murphy documents, which will shed more light on the life of a successful, brilliant, flawed, politician, judge, and citizen. 

Justice Roslyn Atkinson, of the Queensland Supremes, in 2008, set out the rolling history of the Lionel Murphy crisis, in a speech at the Sir Harry Gibbs Law Dinner, University of Queensland. You can find it here. 

There’s also a Guardian report on the National Archives’ release in 2014 of Cabinet material regarding Murphy, here. 

And here’s attorney general Lionel Bowen’s second reading speech for the Parliamentary Commission of Inquiry (Repeal) Act, August 20, 1986.