House of Representatives

Explanatory Memorandum

(Circulated by authority of the Prime Minister, the Honourable Scott Morrison MP)

GENERAL OUTLINE

1. The main purpose of the Royal Commissions Amendment (Private Sessions) Bill 2019 (the Bill) is to amend Part 4 of the Royal Commissions Act 1902 (the Act) to:

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enable a Royal Commission to hold private sessions where a regulation is made authorising it to do so, noting that presently the private sessions regime only applies to the Royal Commission into Institutional Responses to Child Sexual Abuse (Child Sexual Abuse Royal Commission),

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enable the Chair of a multi-member Commission, or a sole Commissioner, to authorise Assistant Commissioners, being appropriately qualified and senior staff members of a Commission, to hold private sessions (noting that private sessions must be held by a Commissioner unless the Chair, or sole Commissioner, considers circumstances exist to justify such an authorisation),

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apply limitations on use and disclosure of private session information to information given for the purposes of a private session, whether or not a private session is held,

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apply limitations on use and disclosure to information given by individuals to the Child Sexual Abuse Royal Commission about their experience of child sexual abuse, or regarding other people's experience of child sexual abuse, where that information was not given for the purposes of a private session but the Commission indicated it would be treated as confidential and treated it as such.

2. Private sessions were established for the Child Sexual Abuse Royal Commission to enable individuals to tell their story about matters into which the Commission was inquiring in a less formal setting than a hearing. Participants had similar protections to witnesses. Participation was voluntary. Participants did not give evidence and information was not taken on oath or affirmation. In recognition of that feature, and the very personal nature of the accounts, limits applied to use and disclosure of information given at a private session.

3. Private sessions are just one way that a Royal Commission can obtain sensitive and personal information to inform its inquiry. The Bill will enable the private sessions regime to be applied to other Royal Commissions where a regulation is made giving a Commission the power to do so. That mechanism will mean a discrete decision will be made on whether or not private sessions will be useful for a particular inquiry. Private sessions can have implications for the cost and constitution of a Royal Commission. As is the normal case for gathering information relevant to a Royal Commission inquiry, it will be a matter for the Commissioner/s to determine how many private sessions are held, and from whom they hear, in order to inform the inquiry.

4. Subject to passage of the Bill, the Government proposes to recommend to the Governor-General that private sessions be applied to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (the Disability Royal Commission) and the Royal Commission into Aged Care Quality and Safety (the Aged Care Royal Commission).

FINANCIAL IMPACT STATEMENT

5. The Bill will have no financial impact. A Royal Commission will manage the conduct of private sessions within its budget. Where it is proposed a Royal Commission be given the power to hold private sessions, it would normally be expected provision would be made in the budget for the Commission to do so. Provisions have been made in the budget for the Disability Royal Commission to hold private sessions. The Aged Care Royal Commission can accommodate private sessions within its existing budget.