My colleague John Pyke raised an interesting question with me by email tonight; namely, whether one of the organistions that would be investigated as part of the proposed Royal Commission into institutional child sexual abuse, would bring a constitutional challenge arguing that the Commonwealth doesn't have the constitutional power to set up such an inquiry. Following the High Court's decision in Williams v Commonwealth earlier this year, I think such a challenge would certainly be arguable. That said, for public relations reasons alone, I can't see any organisation actually being willing to bring such a challenge.
