Carina Garland (Chisholm, Australian Labor Party) Share this | Hansard source

GARLAND () (): This bill, the Royal Commissions Amendment (Enhancing Engagement) Bill 2023, is an important one, to ensure that those brave participants in the Royal Commission into Defence and Veteran Suicide are able to enjoy confidentiality and protections regarding information and privacy. The Royal Commission into Defence and Veteran Suicide was established on 8 July 2021, providing an interim report on 11 August last year. That contained 13 recommendations that the royal commission considered required urgent or immediate action. So our government is implementing its response to those recommendations as a matter of priority, in order to support the commission's inquiry. We are doing what we can to ensure a better future for serving ADF personnel and veterans and for their families.

The royal commission is required to provide a final report by 17 June next year. This bill provides extended confidentiality protections for certain information given to the royal commission outside of a private session. This bill will ensure that people can engage with the royal commission without fear of disclosure of their sensitive information. These amendments are consistent with amendments previously made to the act to protect information provided to the child sexual abuse royal commission and the disability royal commission. These amendments ensure that certain information provided by individuals to the royal commission can't be disclosed, except in very limited circumstances, for a period of 99 years after the conclusion of the royal commission.

This Royal Commission into Defence and Veteran Suicide, to quote the commissioners:

… is anchored by the personal stories, experiences and perspectives that people—including serving and ex-serving ADF members and their families, friends and support networks—have described—

to the royal commission. These are brave and generous acts: people coming forward so that something changes—so that we do what we must to stem the tragic loss of life to suicide by serving and ex-serving ADF members. It is reasonable and it is right that they are protected so that they can speak freely and so that the confidentiality of their courageous contributions to the royal commission can be assured.

This bill implements recommendation 6(1) of the royal commission's interim report, provided on 11 August last year. We agreed to implement this recommendation in our response to the interim report of the royal commission, and this was tabled in parliament on 26 September last year. These amendments reflect our government's commitment to supporting the royal commission's inquiry and to taking action in response to its recommendations.

Under the proposed changes, the information that will be protected is information that was given by or on behalf of a person to the royal commission other than for the purposes of a private session; information that contains an account of a person's experience or systemic issues in relation to the suicide of another, suicidality or poor mental health as an ADF member or veteran; information that identifies the person who gave the information or on whose behalf the information was given; and information that was treated as confidential by the commission at all times after being given to the commission.

The information protected by these amendments would not be admissible in evidence against a person in any civil or criminal proceedings in any court of the Commonwealth or of a state or territory, and it will be an offence for any person to record, use or disclose the information except in limited circumstances, such as for the purpose of referrals for law enforcement investigations or with the consent of the person who gave the information. The information would only be able to be used in reports or recommendations of the royal commission if it's been de-identified or if the information was also given as evidence to the royal commission or produced under a summons or notice.

In terms of eligibility, any individual who gives information to the royal commission will be eligible to have their information protected under the amendments, and that includes both currently serving and ex-serving members of the ADF, their family members and any person who gives information to the royal commission on their behalf. This information will remain confidential for 99 years after the conclusion of the royal commission's inquiry.

Allowing these protections is really important. We know how brave it is, how courageous it is and how difficult it is for people to share experiences that are very emotional, and that it can mean they are even more vulnerable than when they entered the royal commission process.

I'm really pleased that we are getting on with the work of implementing the recommendations from that interim report and that we see this as a matter of urgency. I'm really pleased to support this bill today.

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