House of Representatives

Explanatory Memorandum

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

Schedule 2 - Consequential Amendments

Freedom of Information Act 1982

Item 1 - Paragraph 7(2E)(a)

89. Currently, paragraph 7(2E) in the FOI Act excludes access to documents containing information obtained at a private session, or that relates to a private session and identifies a natural person who appeared at a private session, or contains a summary or extract of private session information, in the context of the Child Sexual Abuse Royal Commission. This measure complements section 6OM of the Act which has application to the Archives Act 1983.

90. This item will apply that exclusion to information given at a private session, as well as to information given to a Commissioner or a member of the staff of a Royal Commission for the purposes of a private session (whether or not a private session is held). It would also apply the exclusion to information in documents of the Child Sexual Abuse Royal Commission covered by proposed new section 6ON (at item 41).

91. The exclusion is aimed at encouraging people to come forward and share information that might be of a particularly sensitive personal nature, and that would inform a Royal Commission inquiry.

Item 2 - At the end of section 7

92. This item inserts new subsection 7(5) which provides that an expression used in subsection (2E) that is also used in Part 4 of the Royal Commissions Act has the same meaning as in that Part.

Item 3 - Application provision

93. This item provides that the amendments to subsection 7(2E)(a) apply to applications for access to documents made under section 15, and applications to amend personal information made under section 48 of the Freedom of Information Act 1982 , received on or after the commencement of the item.