Matt Keogh (Burt, Australian Labor Party, Minister for Veterans’ Affairs) Share this | Link to 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.

Jenny Ware (Hughes, Liberal Party) Share this | Link to this | Hansard source

I start, first of all, by acknowledging that it's International Women's Day today. It was a great pleasure to be there this morning for the unveiling of the commemorative statues of Dame Dorothy Tangney and Dame Enid Lyons, who were our first women elected to the Senate and the House of Representatives respectively. I wish a happy International Women's Day to all the wonderful women in my life.

I rise to speak on the Royal Commissions Amendment (Enhancing Engagement) Bill 2023. I support this bill, which amends the Royal Commissions Act to ensure the confidentiality of certain information given by or on behalf of individuals to the Royal Commission into Defence and Veteran Suicide.

This bill partially implements recommendation 6 of the interim report of the Royal Commission into Defence and Veteran Suicide, which was tabled in parliament on 11 August last year. The recommendation was to introduce a new provision modelled on a section of the Royal Commissions Act which applied to the disability royal commission. In effect, this bill means the same confidentiality protections over information given to the disability royal commission in private sessions can also apply to certain information given to it outside of a private session.

Broadly, the bill applies to provide protections of information given to the Royal Commission into Defence and Veteran Suicide in private session so that information given outside a private session is also protected. It particularly relates to testimony given by ADF members or veterans of their own or another's experiences of suicide, attempted suicide or poor mental health related to any period of ADF pre-service, service, transition, separation and post-service. I consider this bill to be a sensible measure that aligns with the policy adopted by the coalition in relation to previous royal commissions.

By way of background, private or confidential sessions were first established for the child abuse royal commission to enable individuals to tell their story about highly sensitive and personal matters into which the commission was inquiring in a trauma informed and less formal setting than a hearing. Royal commissions prescribed by the royal commissions regulation, including the defence and veteran suicide royal commission, can utilise private sessions. When giving information in a private session, participants do not give evidence and information is not given under oath or affirmation. There are strict limitations on the use and disclosure of that information which apply both during and after royal commission inquiries. The defence and veterans suicide royal commission generally proceeds as a public hearing. However, it receives sensitive information in ways other than in a private session, including through written submissions, phone interviews and other records of interview of an individual's experience. That is completely appropriate, to enable the commission to hear from as many as possible about their experiences.

The royal commission expressed concerns in its interim report that the existing confidentiality provisions in the act were not adequate to encourage ADF members to tell their stories. In particular, the royal commission indicated that serving members who intended to remain in the ADF were particularly concerned about the impact their disclosure of sensitive information would have on their career or subsequent experiences in service. To address these concerns, information of this kind provided and recorded outside of a private or confidential session should properly be eligible to receive protections equivalent to those provided for information provided in a private session. Information provided to the defence and veteran suicide royal commission, which includes members of staff supporting the commission, outside private sessions will therefore be accorded the same confidentiality as material obtained for the purposes of private sessions both during the course of the defence and veteran suicide royal commission's inquiry and after it concludes. The bill also contains amendments providing that documents containing the information cannot be accessed under the Freedom of Information Act.

These limits on the use and disclosure of information are necessary and reasonable to protect the privacy of the individual giving their account, as well as to respect the privacy and reputation of others who may or may not be named in the account. They therefore provide people with confidence that private information they give to the defence and veteran suicide royal commission will not be further disclosed during or after the royal commission, and that they will not be identified in the defence and veteran suicide royal commission's reports unless their information is also given as evidence.

A royal commission is not a court or tribunal and cannot determine criminal charges or civil liability. It can, however, refer information or evidence relating to a contravention of a law to law enforcement authorities or prosecutors. The bill properly, in my view, provides that a commissioner will retain a power to refer any confidential information voluntarily provided to the defence and veteran suicide royal commission alleging another person has committed an offence to a law enforcement authority, and this is an appropriate insertion. Therefore, this bill safeguards, both during and after the defence and veteran suicide royal commission, certain sensitive information that individuals provide to that commission, while still retaining the commissioner's existing powers with respect to referring matters of alleged criminal activity to the appropriate law enforcement authority.

To conclude, this bill sets out safeguards that are necessary, reasonable and proportionate and are sufficiently narrow so as to remain consistent with the right to freedom of expression. For all of the reasons set out, I commend this bill to the House, to enable the Royal Commission into Defence and Veteran Suicide to continue its very important work.

Carina Garland (Chisholm, Australian Labor Party) Share this | Link to 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.

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

I thank all honourable members for their contributions to the debate on the Royal Commissions Amendment (Enhancing Engagement) Bill 2023. The government supports the crucial, ongoing work of the Royal Commission into Defence and Veteran Suicide and has welcomed the findings and recommendations made in the commission's interim report. To enable the royal commission's findings and recommendations to be as robust as possible, it needs to receive information relevant to its terms of reference from a wide range of stakeholders. This includes, crucially, encouraging as many people as possible who have personal stories or experiences to have the confidence to share these with the royal commission.

The government particularly recognises the royal commission's observation in its interim report that serving Australian Defence Force members may have been hesitant to engage with the royal commission due to concerns around the adequacy of the confidentiality provisions in the Royal Commissions Act 1902. It is essential that the royal commission hears from as many Australian Defence Force members as possible, so it is vital that these men and women feel they can safely share their stories and experiences with the royal commission.

While existing confidentiality protections in the Royal Commissions Act 1902 are strong, we recognise the royal commission's recommendation that extending these protections would give people greater confidence in sharing information with the royal commission. The new confidentiality protections being introduced by this bill will ensure there is greater ability for sensitive personal information to be protected both during the royal commission's inquiries and after it has concluded.

Under new section 6OQ, which this bill will create, certain information provided to the royal commission outside of a private session will be able to be protected in the same way as if it were given in a private session, if the royal commission treats that information as confidential at all times. This means that information to which the protections apply will not be admissible in evidence against a natural person in any civil or criminal proceedings in a Commonwealth, state or territory court. It will be a criminal offence to use or disclose the information in an unauthorised manner. The information will only be able to be included in a report of the royal commission if it is de-identified or if it is separately received by the royal commission as evidence. The information will be excluded from the open access period under the Archives Act 1983 for 99 years and the information will be exempt from the operation of the Freedom of Information Act 1982.

These protections will be available to information provided by any person. This includes serving and ex-serving ADF members and their families. In consultation the government undertook prior to introducing this bill, the royal commission, the Defence and Veterans Legal Service and defence and veteran stakeholder groups expressed strong support for the new protections, along with hope and expectation that they will encourage more people to come forward and share their stories.

I thank the honourable member for Berowra for his acknowledgement, during debate on this bill, of the importance of ensuring the royal commission receives as much information as possible to inform its inquiries and his appreciation of the measures this bill implements to achieve that objective. I also thank the Minister for Veterans' Affairs for his ongoing efforts to improve services and outcomes for the veterans community. Among many other important initiatives, this includes his recent announcement of significant public consultation on a pathway to reform more than a century of veterans' entitlement legislation, which will provide veterans the support they need and deserve. The government also committed substantial funding to progressing responses to other recommendations of the royal commission's interim report.

This is vitally important work. This government is committed to undertaking a thorough and considered process on legislation and arrangements for veterans' entitlements and providing funding and support in order to deliver a better future for veterans and their families. It is the government's sincere hope that the increased confidentiality protections in this bill will encourage more people to come forward to engage with the royal commission and that the inquiry's findings lead to better outcomes for defence members and veterans.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.