Shayne Neumann (Blair, Australian Labor Party) Share this | Link to 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.

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

The rate of veteran suicide in Australia is a national tragedy. That is why Labor called for the establishment of the Royal Commission into Defence and Veteran Suicide when in opposition. As a government, we are taking the royal commission extremely seriously. It's why we responded quickly to the interim report and why we have now taken action on each of the recommendations in it. It's why it's so important that we complete this royal commission in a timely fashion, because we know there is no time to waste. We must take action to save lives, and a vital part of that is the timely conclusion of this royal commission so that we can receive its recommendations and get on with the job.

We know that people don't want to see this royal commission drag on. Veterans, veterans' families, Defence personnel and ex-service organisations all want to see timely action. We completely understand that as a government. It's also why we responded so quickly to the royal commission's interim report last year. The Royal Commission into Defence and Veteran Suicide has advised that they need to get through around 600 private hearings in the time frame left before the inquiry comes to a close in mid 2024.

Considering the need for timely conclusion, and in recognition of the significant workload of the commission, we're providing the royal commission with new powers through this bill—the Royal Commissions Amendment (Private Sessions) Bill 2023. This bill will provide more flexibility to the royal commission as well as to other royal commissions to make sure resources can be best utilised to conduct inquiries in an effective and efficient way. Vitally, for the Royal Commission into Defence and Veteran Suicide, the mechanism introduced through this bill will continue to see that individuals who wish to participate in private sessions are treated with the greatest of respect and care and that this process is undertaken in a trauma informed way.

This bill, in the case of the defence and veteran suicide royal commission, will enable the chair to authorise in writing a suitably qualified and experienced member of staff of the royal commission with an appropriate level of seniority to undertake private sessions in the capacity of an assistant commissioner. This is not an authorisation that would be dished out by a single royal commissioner or royal commission chair in any circumstances but would only be exercised when circumstances existed that justified the need, such as, in this case, the need to get through about 600 private hearings in a limited amount of time.

Importantly, this bill includes the appropriate protections for an assistant commissioner holding a private session. Private sessions have been a really important feature of this royal commission. They've enabled individuals to share their often highly sensitive experiences in a more intimate, less formal setting than a traditional hearing. The intention is that these experiences are undertaken in a trauma informed way. They seek to be less confronting than being placed on a witness stand visible to the public.

The information shared in such a forum, whilst not considered formal evidence, and with no oath-taking requirement, affords the participants the protections that they would receive as an official witness. This is important in the Royal Commission into Defence and Veteran Suicide, due to its sensitive nature, whether that is on personal or security grounds. This facilitates a forum for the individual to share their experiences. It promotes their right to privacy. It makes sure they have freedom of expression. It ensures that the royal commission can benefit from their experiences and views. Such testimony is important in understanding the lived experiences of defence personnel, veterans and families, and will itself very much inform the work and the recommendations of the royal commission.

The bill will assist the royal commission to complete this substantial workload ahead of its final reporting date of 17 June 2024. We've already made significant inroads when it comes to taking action on the royal commission's interim report, taking action on all 13 recommendations. A year on from the release of that interim report, the Albanese government has released an update on the progress that we have made on those recommendations, and I'm proud that a number of those recommendations have now been actioned and completed.

We know that the time it takes for claims to be processed has a negative impact on health and wellbeing for veterans. This is largely due to the complex legislative framework under which they are processed. It's why we are working with haste to ensure that the system is fit for purpose, easy to understand and gets through the backlog, because we agree with the royal commission that this action is needed urgently.

The royal commission is accepting submissions until 13 October this year. I encourage anyone who hasn't already, and has experiences to share with the royal commission that can assist, to please do so. The royal commission wants to hear from you. We support the work of this royal commission. The bill before us today will enable that important work to continue effectively and for the royal commission to still report in June next year. I commend the bill.

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

The government thanks all members who have contributed to this debate. Private sessions enable individuals to share their personal experience about the matters into which a royal commission is enquiring in a trauma informed and less formal setting than a hearing.

The amendments proposed by the Royal Commissions Amendment (Private Sessions) Bill 2023, which would apply to all royal commissions, would enable a suitably qualified, experienced and appropriately senior staff member of a royal commission to be authorised as an assistant commissioner to conduct private sessions. The role of an assistant commissioner would be solely to hold private sessions as authorised in writing by the sole commissioner or chair of the royal commission. An assistant commissioner would not be authorised to undertake any other role or to exercise any powers of a commissioner for the royal commission.

These amendments were developed following consultation with the Royal Commission into Defence and Veteran Suicide about options to assist it to complete its inquiry by 17 June 2024. The Royal Commission into Defence and Veteran Suicide supports the amendments and advised the government that, if the measures in the bill are enacted, the commission will be looking to appoint an assistant commissioner with the appropriate skills, experience and gravitas to ensure individuals are comfortable speaking with them and feel heard.

The royal commission has advised the government that participants in private sessions prefer face-to-face sessions over virtual sessions, and that the appointment of an extra assistant commissioner will make it possible to conduct all of the registered sessions in this way over the next 10 months.

In conclusion, this bill will provide more flexibility to royal commissions to conduct their inquiries, enabling more people to tell their story in a private session. It will also ensure that individuals who wish to participate in private sessions can do so with a person with whom they feel most comfortable to share their experience.

Question agreed to.

Bill read a second time.

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