Senate

Supplementary Explanatory Memorandum

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

GENERAL OUTLINE

1. The amendments to the Royal Commission Amendment (Private Sessions) Bill 2019 (the Bill) remove provisions permitting a Chair of a multi-member Commission or sole Commissioner to authorise appropriately qualified and senior staff members of a Royal Commission to hold private sessions. The Bill referred to these members of staff as Assistant Commissioners.

2. Private sessions allow a Royal Commission to obtain sensitive and personal information to inform its inquiry. Because they are private and less formal than a hearing, private sessions may often enable an individual to disclose very personal experiences to a Royal Commission.

3. It is important that individuals who share their personal accounts in a private session feel confident in the process.

4. The Bill had placed limits on the circumstances in which an Assistant Commissioner could be authorised to hold a private session, including establishing a presumption that a private session must be held by a Commissioner, unless the Chair of a multi-member Commission, or sole Commissioner, believes circumstances exist that justify a staff member holding a private session.

5. Use of the authorisation power would be at the Chair's discretion to exercise when justifying circumstances existed. The provision was intended to give a Royal Commission more flexibility, particularly for a Commission constituted by one or two Commissioners, to hold more private sessions over the duration of its inquiry. It was not envisaged the power would in general be necessary for multi-panel inquiries with many Commissioners.

6. Following further engagement with stakeholders, the Government has determined that only Royal Commissioners should be empowered to hold private sessions.

7. The effect of the amendments is that only a sole Commissioner, the Chair of a multi-member Commission, or a Commissioner authorised by the Chair are empowered to hold private sessions. This approach is consistent with the private session regime adopted by the Royal Commission into Institutional Responses to Child Sexual Abuse.

8. The amendments reflect the original intent of the provisions to allow individuals to share their story to a Royal Commission with a figure of authority in a safe and supportive setting.

FINANCIAL IMPACT STATEMENT

9. These amendments will have no financial impact.