Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

I thank senators for their contributions. This bill will enable regulations to facilitate provision of custody, use of and access to records of royal commissions, including but not only those of the inquiry into certain Australian companies in relation to the UN oil for food program, which is known as the Cole inquiry. Commissioner Cole made findings that certain breaches of the law might have occurred and recommended referral of specified matters to the appropriate authority for consideration as to whether procedures should be commenced for breaches of the laws. He also recommended the establishment of a joint task force, comprising the Australian Federal Police, Victoria Police and the Australian Securities and Investments Commission to consider possible prosecutions in consultation with the Commonwealth and Victorian directors of public prosecutions.

The regulations to be made under the amendments introduced by this bill will remove any uncertainty about the extent to which documents obtained by the Cole inquiry can be used for investigation and prosecutorial purposes. In particular, the bill removes any argument that there might be a requirement to provide procedural fairness to persons who could be adversely affected if documents obtained by the Cole inquiry or any other royal commission for its purpose were made available to other persons or agencies and used for law enforcement purposes. Providing procedural fairness in respect of the use of documents could be very time consuming and would be an impediment to early investigation by law enforcement agencies. It is sensible to legislate to allow royal commission records to be used for law enforcement purposes without having to provide procedural fairness and without any doubt as to the rightness of this approach.

The government is now taking the opportunity to provide a framework which can be used for future royal commissions without needing additional legislation. The bill makes it clear that the protection in section 6DD of the RCA against self-incrimination is maintained. Legal professional privilege is not affected, notwithstanding any regulations that might be made under these amendments.

During the debate I think Senator Ludwig sought an assurance that the government has no intention of using the bill in respect of records of completed royal commissions—other than the Cole inquiry, that is. It is correct that there is no specific present intention to regulate in respect of other past inquiries. However, if in the future there was a case for transferring records for law enforcement purposes, the government would consider that if and when it arose. The bill is not strictly retrospective, as it is not drafted so that regulations could change the legal status of a transfer of records which had already been transferred. It is only to facilitate future transfers of records. This follows the precedent of the HIH Royal Commission (Transfer of Records) Act 2003.

Senator Ludwig said that the amendments in the House limit regulations to law enforcement agencies and law enforcement purposes. I point out to the Senate, as indicated by the Parliamentary Secretary to the Prime Minister during the debate on the amendments, that the regulations will still be able to prescribe purpose and circumstances for access to records which are not limited to law enforcement purposes and circumstances. However, provision of records for purposes other than law enforcement will continue to be subject to any procedural fairness obligations that presently exist. Those two issues were raised by Senator Ludwig. There is limited time before question time, so I will not take it any further, other than to commend the bill to the Senate.

Question put:

That this bill be now read a second time.

Question agreed to.

Bill read a second time.