Shayne Neumann (Blair, Australian Labor Party) Share this | Hansard source

I wish to speak briefly in relation to the Royal Commissions Amendment (Private Sessions) Bill 2023. It arises out of the very important royal commission in relation to defence and veteran suicide and mental health. The bill will enable assistant commissioners to be authorised to provide and hold private sessions for a royal commission. It also provides them with appropriate protections from legal liability and enables a sole royal commissioner or a chair of a multimember royal commission to authorise suitably qualified, experienced and senior staff members to hold these private sessions, where justified. This won't derogate from evidence at a royal commission in future, but it does allow the current royal commission, to which I referred, and future royal commissions to allow this where it's justified. The power must be exercised in writing and can't be delegated. It's a very important amendment.

The 2019 act provided that only commissioners or the chair of a multimember royal commission could hold these private sessions, so this is an important amendment. It will allow that. Royal commissions are very important. Over the past 120 years, royal commissions have been considered a very important accountability measure, and they have an enduring place in Australia's public landscape. It's very, very important that we get this right. Royal commissions have very strong information-gathering powers at their disposal. The robodebt royal commission provided a stark example of relentless investigation. We have seen royal commissions into aged care and sexual abuse by institutions, so there are a number of important purposes for royal commissions.

Private sessions were first established by the child sexual abuse royal commission. You can understand that happening as a way of facilitating the telling of very personal and sensitive matters in a manner that was less formal and threatening. They allow people to share their experiences with a royal commissioner in a confidential setting and enable them to engage and have their experiences heard. There are many occasions where people would prefer this. It's voluntary, of course. Participants are afforded protection similar to witnesses, and information at these private sessions is not given under oath or affirmation. Private sessions are not hearings of the royal commission. The information gathered at a private session is not evidence, and someone giving information is not a formal witness, but they do serve an important role. The CEO of Disability Advocacy Network Australia, Jeff Smith, praised the idea of private sessions, stating as follows:

… less stressful—insofar as it is more informal and less alienating for people—and may make people feel and be safer …

They really do have a very important role to play.

These sessions have been important for the Royal Commission into Defence and Veteran Suicide. For that, private sessions were confidential, with two commissioners. Individuals voluntarily could provide information relating to the terms of reference. Participants weren't identified. The information that they provided doesn't appear in a public record. Certain people have been eligible to have these private sessions—namely, serving and ex-serving ADF members who have lived experience of suicidal behaviour or risk factors and family members of serving or ex-serving ADF members who have died by suicide or have been supporting serving or ex-serving members with lived experience of suicide behaviour or risk factors.

The royal commission has developed a framework for these private sessions and established policies and procedures to guide how they are run. There's a published guide to private sessions and frequently asked questions on the commission's website. The commission's online form to request a private session asks for demographic information and a short reason for the request. People requesting a private session can indicate their preference for face-to-face phone or video. The commission advises each participant about their eligibility and seeks information to clarify the focus of the private session.

I note that, as at the middle of last year, there were 178 private sessions, of which 118 were held face to face and 60 by video or phone. All participants were then sent a survey, an opportunity for feedback on their experience. Ninety per cent of participants said they'd felt they'd been heard and felt safe in the circumstances and supported in the private session. The confidentiality of these private sessions is important to participants, with many seeking assurances that what they say in a private session would not be used in any way that identifies them.

The main issues raised by participants have been as follows: ADF culture; DVA claims; management and processing; the role of families in suicide prevention and the impact on families; suicide prevention and support following death by suicide; and health care provided in relation to serving ADF members. Private sessions have implications for the resourcing costs and constitution of a royal commission. Enabling suitably qualified and experienced senior staff members to be authorised to conduct private sessions will provide flexibility for royal commissions. It will enable people to share their experience with the commissioner or with a senior experienced member of the royal commission staff that have specialised training in engaging with vulnerable people.

The bill assists the Royal Commission into Defence and Veteran Suicide to complete a substantial private session workload ahead of its final reporting date of 17 June 2024. The Royal Commission into Defence and Veteran Suicide has publicly indicated that approximately 600 registered private sessions were outstanding as of June this year. These amendments will assist the royal commission to hold all of these by early 2024.

The Australian community expects an effective and expeditious inquiry into the systemic issues relating to defence and veteran death by suicide. If these amendments are not passed by 2023 spring settings, the Royal Commission into Defence and Veteran Suicide risks being able to hold all remaining registered private sessions before its final reporting day. In the circumstances, it's important. I commend the bill to the House.

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