Matt Keogh (Burt, Australian Labor Party, Minister for Veterans’ Affairs) Share this | Hansard source

The Royal Commission into Defence and Veteran Suicide, which was supported by this government, handed down its interim report in August of last year. In September of last year I presented government's formal response to that interim report, and we got on with the job of implementing those recommendations as quickly as possible. We responded to those 13 recommendations then and have taken steps in respect of all 13 recommendations since. Last month we announced the next steps in advancing our work on recommendation 1: to harmonise and simplify veterans' entitlements legislation. As the royal commission pointed out, the complexity of the legislation veterans have to deal with, and the delays veterans have had to deal with because of the complexity of that legislation, have been a contributor to the suicidality of our veterans.

This is a national tragedy that we have had to confront. That's why last month I announced our pathway for consultation: the Veterans' Legislation Reform Consultation Pathway. It sets out a way forward for us to improve the circumstances for our veterans by closing out the two older schemes that have been in existence for well over a century and moves forward with a single-act scheme where new claims would be dealt with under the remaining 21st century scheme. Consultation is now well underway. I've been travelling around the country meeting with veterans, ex-service organisations and others who have had to deal with this overly complex system. We're working towards a system that is simpler and easier to use for the whole veteran community.

In relation to the other recommendations of the interim report, we've made inroads. We've agreed to increase the staffing levels at the Department of Veterans' Affairs by 500, to address the claims backlog. Those 500 new staff are in the process of being recruited, with the claims backlog figure now starting to turn a corner and head in the right direction—that is, down. In the October budget we addressed the recommendation about improving the internal systems of DVA, allocating funding to modernise the computer and IT systems to support claim processing. We had already removed the artificial staffing cap the previous government had imposed on the Department of Veterans' Affairs, and, indeed, across the Public Service. We've also been working with the royal commission in respect of a better understanding around parliamentary privilege protections.

In terms of access to information, the Department of Veterans' Affairs and the Department of Defence have been working together and with the veterans and family community on a co-design model. We've been doing a range of consultations over the last few months with veterans, families and widows to make sure that we have a properly designed system, which is easily understood, about how to access information about their loved ones who have taken their own life and how that can be obtained through the Department of Defence or the Department of Veterans' Affairs. We've also entered into an arrangement, a memorandum of understanding, between Defence, DVA and the royal commission to support people coming forward with information that they may be concerned is protected by certain classifications on information. We have been progressing all the recommendations as quickly as we can because they are so important.

Today I am glad we are taking the next step to support the Royal Commission into Defence and Veteran Suicide to ensure a better future for serving ADF personnel, veterans and families. The Royal Commissions Amendment (Enhancing Engagement) Bill 2023 before us today provides extended confidentiality protections for certain information given outside of a private session to the Royal Commission into Defence and Veteran Suicide. This bill will ensure that people can engage with the royal commission without fear of disclosure of their sensitive information. The bill, therefore, implements recommendation 6(1) of the royal commission's interim report, which was provided on 11 August 2022. I thank the Attorney-General for his swift action in responding to this recommendation and his commitment to supporting this long-needed royal commission. He knows that there is no time to waste when it comes to addressing the national tragedy that is defence and veteran suicide.

Under the changes before us today, information given by or on behalf of a person to the royal commission that contains an account of a person's experience of, or systemic issues in relation to, the suicide or poor mental health of an identified person would be protected. Any individual who gives this information to the royal commission would be eligible to have their information protected under the amendments. Importantly, that includes current serving and ex-serving members of the Australian Defence Force, their family members and any other person who gives information to the royal commission on their behalf.

I appreciate that there has been a feeling, particularly among some serving members of our ADF, that they should not give evidence to the royal commission out of concern for the consequences of doing so. The royal commission itself has noted that serving members of the ADF are under-represented in the submissions that the royal commission has received to date. While I know senior members of the Australian Defence Force continue to support serving members to give evidence to the royal commission, I hope that these legislative changes will encourage even more people to come forward and be comfortable in sharing their stories or the stories of their mates and loved ones.

I again thank the Attorney-General for the careful consideration he has given to recommendation 6(1) of the royal commission. This recommendation from the royal commission referred specifically to serving ADF members, but this bill takes things a step further. After thoughtful consideration with key stakeholders, including the royal commission, it was determined that amendments should be extended to not only those in service but their family members and veterans. These arrangements have been expanded in order to encourage more people to come forward and engage with this vital royal commission, with the assurance that information of a sensitive, personal or confidential nature is protected during and after the life of the royal commission. After all, the more information provided to the royal commission the more information will be available for its consideration and, subsequently, the more impactful and helpful its recommendations can be.

The amendments in this bill describe the type of information able to be protected with greater reference to the royal commission's terms of reference, such that the protections would be able to apply to information relating to most, if not all, of the terms of reference. This bill is fit for purpose, as referred by the royal commission.

The amendments will apply to information given to the royal commission from its commencement in July 2021. The information will remain confidential for 99 years after the conclusion of the royal commission's inquiry. Its final report is due in the middle of 2024. That means that people who have already given evidence can be assured that they and their information will be protected.

This information would only be able to be used in reports or recommendations of a royal commission if it has been de-identified or if it was given as evidence to the royal commission or produced under summons or notice. It would be an offence for any person to record, use or disclose the information except in limited circumstances. Information would not be admissible in evidence against a person in any civil or criminal proceedings in any court of the Commonwealth or a state or territory.

We want people to come forward and share their experiences with the royal commission. We know that, in order for that to happen, people need to feel confident that any sensitive information that they share will be kept confidential as needed. The royal commission recommended introducing similar protections to those legislated for the disability royal commission in 2021.

We've worked quickly to bring this bill to the parliament because there is no time to waste. It is incumbent on each of us in this place to pass this bill as soon as possible. That will allow time for the royal commission to then receive and adequately consider submissions of those who are waiting to provide evidence once these additional protections are implemented. I encourage anyone who has information to give to, please, come forward to give evidence publicly or in a private session. The royal commission wants to hear from you, and the nation needs it to hear from you.

Submissions to the royal commission will remain open until 13 October 2023. I commend the bill.

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