Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Hansard source

Witnesses at the commission of inquiry will have the same protection as witnesses before a royal commission. The Royal Commissions Act protections are based on the immunity provided to justices presiding and witnesses and legal representatives appearing before the High Court of Australia. One of the main protections provided to witnesses is in relation to defamation. The protection extended to High Court justices is based under the general law rather than legislation and, basically speaking, protects them from civil liability in relation to anything they say or do in their judicial capacity. Having read that, I must say that I do not think that is necessarily responsive to Senator O’Brien.

This is always one of the difficult areas and, if I understand Senator O’Brien’s question correctly, it is really a question of a witness potentially self-incriminating and how one protects those people. That is always a difficult situation. The royal commission has the power of subpoena, so, if information is provided, witnesses can be subpoenaed and required to give evidence. Where people have particular evidence that they are reluctant to give in circumstances where they might self-incriminate, undoubtedly they would need to seek legal advice and approach the commission as to the appropriate way to handle that. I am not sure what the exact procedure would be, but hopefully one of the advisers might be able to assist at a later stage in relation to that. It is, I might say, a very fair question that is being asked by Senator O’Brien. We will try and find that out.