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

I move:

That this bill be now read a second time.

The death by suicide of any Australian is a tragedy.

Unfortunately, the rate of suicide among our veteran community is significantly higher than across the broader Australian community.

That is why the government strongly supported calls to establish the Royal Commission into Defence and Veteran Suicide while in opposition, and why we are acting swiftly in response to the findings and recommendations made by the royal commission in its interim report.

It is critical the royal commission hears from the broadest possible range of people who have stories or experiences relating to defence and veteran suicide. Individuals need to have the confidence that they can safely share these with the royal commission.

It is particularly important that people who have not yet engaged with the royal commission due to concerns about protecting their sensitive or personal information are encouraged to do so.

This bill will make important amendments to the Royal Commissions Act 1902 to establish greater protections of certain sensitive information. The amendments will ensure people can engage with the royal commission knowing that any information of a sensitive, personal or confidential nature they disclose can be protected during and after the life of the royal commission. This in turn will expand the information available to the royal commission on which to base its findings and recommendations.

The royal commission's interim report

The government welcomed the royal commission's interim report, which was released on 11 August 2022 and is available on the royal commission's website.

The interim report made 13 recommendations requiring urgent and immediate attention.

This bill will implement recommendation 6(1) of the interim report.

Existing confidentiality protections in the Royal Commissions Act

The Royal Commissions Act already contains strong protections which ensure that sensitive information given to the royal commission can be kept confidential.

People can already share their experiences with the Royal Commission into Defence and Veteran Suicide through private sessions. These allow information to be shared with the royal commission in a trauma-informed and less formal setting than a hearing, and there are significant protections in place regarding the use and disclosure of information given in private sessions, which apply both during a royal commission's inquiries and after it has concluded.

The royal commission is also able to use pseudonyms in public hearings and published material, and it is able to issue non-publication directions, which prevent the publication of sensitive information.

These protections are important mechanisms to ensure that information shared with a royal commission on a confidential basis will be treated confidentially. The amendments contained in this bill extend those protections.

New confidentiality protections in the bill

Due to the nature of this royal commission's inquiries, information that serving and ex-serving members of the Australian Defence Force, and their families, wish to share with the royal commission is often sensitive and highly personal.

The royal commission has made extensive use of private sessions as a way for people to share information in a confidential and trauma-informed way, having held over 250 private sessions to date.

People have also provided and will continue to provide sensitive information to the royal commission outside of private sessions, with an expectation that it will be treated confidentially. For example, individuals may provide confidential written statements or accounts to the royal commission, or may share information with a staff member supporting the royal commission's work during an interview.

It is appropriate and important that information provided in this way is protected in the same way as information given in a private session.

New clause 6OQ, which this bill would insert into the Royal Commissions Act, will provide that certain information provided to the royal commission outside of a private session is protected in the same way as it would if it was given in a private session, if the royal commission treats that information as confidential at all times.

The confidentiality protections in the bill would mean that:

The protections established by this bill would be available to any person who wishes to provide information to the Royal Commission about their experience or the experience of another person. This includes not just serving Australian Defence Force members, but also, for example, ex-serving members or family members.

These new protections will give people assurance that if they have sensitive information to provide to the royal commission, such as highly personal accounts of their experiences or that of their loved ones, they will be able to do so in the knowledge that it can be kept confidential, even long after the inquiry has ended.

New clause 6OQ has been modelled on existing section 6OP, which was enacted in September 2021 and established equivalent protections for the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. The introduction of section 6OP was sought, and subsequently welcomed, by the disability royal commission and its stakeholders. In its interim report, the Royal Commission into Defence and Veteran Suicide considered it appropriate and desirable that this same framework be made available to it, and the government agrees.

Consultation with stakeholders

In developing this legislation, the government has been mindful of the importance of consulting the section of the community that will benefit from these amendments.

The government has consulted with:

There was strong support for the proposed amendments from the royal commission and among these stakeholder groups. The royal commission and stakeholder groups noted the deeply personal nature of the information that people wish to share with the royal commission, and the importance of being able to do so safely and confidentially.

The government is taking swift and comprehensive action in response to other recommendations of the interim report. For instance:

In the federal budget, the government committed substantial funding to progressing responses to the recommendations in the royal commission's interim report, as well as significant funding of other measures devoted to providing long-term benefits for defence personnel, veterans and families. The government is committed to providing practical supports to support to defence personnel, veterans and families to ensure a better future for the veteran community.

Conclusion

The government wants people to come forward and share their stories and experience with the royal commission. This is crucial to ensuring the royal commission is able to obtain as much information as possible to inform its inquiries and support its ultimate findings and recommendations.

The government recognises that in order for that to happen, people need to feel confident that any sensitive information they share, including highly personal accounts or experiences, will be kept confidential if it is communicated on that basis.

The royal commission recommended introducing similar protections to those legislated for the Disability Royal Commission in 2021.

The government agrees that these protections should be legislated as a matter of priority. This is why the government has introduced this bill.

The measures in this bill have been the subject of careful consideration by the government and consultation with the royal commission and key stakeholders who will benefit from the new protections it will introduce. There is strong support for the protections proposed in the bill to be in place as swiftly as possible.

I commend the bill to the House.

Debate adjourned.

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