Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

I thank the member for Fowler for her amendments, and if I could simply say to her that it is not harping to express concern for multicultural Australia, to express concern about the need for translation services and to express concern about the need for support services for anyone that has any kind of disability being required to participate in this commission's activities. It is the government's expectation that the commission would make available appropriate translation, mental health and other support services to persons who require assistance to participate in a hearing.

As the member for Fowler has noted, updates to the explanatory memorandum will ensure the commissioner must consider permitting a person to disclose information to obtain assistance, including from an interpreter, to enable a person to engage fairly with the commission's processes. More broadly, it is my strong expectation that the commission will put in place procedures to ensure that a person has access to an interpreter or a sign language interpreter where required. This would be consistent with the approach that's taken by federal courts and by federal tribunals, as well as other Commonwealth agencies with hearing and examination powers. It will be managed as part of the commission's operating procedures.

Clause 73(3) of the bill sets out a range of factors that the commissioner may have regard to when deciding to hold a hearing or part of a hearing in public. This will include consideration of any unfair prejudice to a person's reputation, privacy, safety or wellbeing that would be likely to be caused if a hearing were held in public. The factors also include whether a person giving evidence has a particular vulnerability. The commissioner will be able to consider factors beyond these matters, as the list of factors at clause 73(3) is not intended to be exhaustive.

The government agrees that it is important for those participating in the commission's processes to be able to access appropriate mental healthcare assistance. We have introduced amendments responding to the recommendation of the joint select committee that would expressly permit such disclosures. The government does not support this amendment.

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