Claire Chandler (Tasmania, Liberal Party) Share this | Hansard source

I'm pleased to rise today to speak on the Royal Commissions Amendment (Private Sessions) Bill 2019. This is an important and sensible amendment which will assist royal commissions to hear personal and sensitive evidence from witnesses in an environment which best enables them to share their experiences. The main purpose of this bill, as we have heard tonight, is to enable royal commissions to hold private sessions when appropriate. Private sessions are—perhaps self-explanatorily—a private and supported way for individuals to tell their stories about personal experiences to a royal commission.

The private sessions regime was established in the act specifically to cater for the Royal Commission into Institutional Responses to Child Sexual Abuse. Over 8,000 sessions were held. We are all aware of the important work of that royal commission, both in setting out recommendations to make sure that these appalling abusers are stopped but also to give victims a chance to be heard, whether that was in a public hearing or a private one. The many thousands of people who contributed their stories to that royal commission, many of them through private sessions, led to the recommendations as a result of that royal commission being so comprehensive.

The government is committed to responding to that work, and we are already seeing legislation before this parliament to do just that. Clearly, for the Royal Commission into Institutional Responses to Child Sexual Abuse, it was highly necessary to have a framework in place to allow private sessions to take place. The royal commissions that have since been established by this government into aged-care quality and safety and into violence, abuse, neglect and exploitation of people with a disability are covering similarly sensitive and difficult subjects, and there is no doubt that private sessions will allow more people to share their stories.

Subsequent to the passage of this bill, it is the government's intention to recommend to the Governor-General that both the aged-care royal commission and the disability royal commission are able to utilise these private sessions. Indeed, the chair of the Royal Commission into Aged Care Quality and Safety, the Hon. Richard Tracey AM RFD QC, and the chair of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, the Hon. Ronald Sackville AO QC, have told the government that private sessions will assist their inquiries. With both of these inquiries already underway, it is important that this bill that we are debating tonight be passed quickly so that both royal commissions can use private sessions. Of course, it would be expected that there would be future royal commissions where the option of private sessions would be needed. Indeed, this bill will ensure that can happen without having to pass further legislation to enable it.

However, the use of private sessions can have implications for the constitution of a royal commission, as well as funding impacts, and it is not a power that will be required by all royal commissions. Nor should the overuse of private sessions become the normal practice, as one of the important functions of royal commissions and one of the reasons that they are able to have such impact is that Australians can hear the evidence provided and understand the problem that is being investigated. For that reason, the bill provides that private sessions are enabled through regulation. That mechanism will require a discrete decision on whether private sessions will be useful for a particular inquiry.

What are the protections for witnesses in a private session that will be provided through this bill? A private session is not open to the public, and the information that is discussed in a private session can be used in a commission report only if it is de-identified or if the information is also given in evidence. Participation is voluntary. It is not given on an oath or affirmation and is not open to cross-examination. Importantly, a participant in a private session has the same protection as a witness. Information given by a participant cannot be used against the person in any civil or criminal proceedings. The bill largely preserves the framework for private sessions used for the child sexual abuse royal commission. However, some changes are proposed, the main change being that there will be limitations on the use and disclosure of information that will cover both information given at a private session and information given for the purposes of a private session, whether or not that session is actually held.

Private sessions in royal commissions are a very important way for us to support individuals giving evidence at royal commissions. As I've said tonight, with the two royal commissions currently underway it is pertinent to enable such sessions to be utilised in these royal commissions so that they can hear from people, many of whom are vulnerable members of our community, about their experiences and substandard care or abuse. It is certainly pertinent that this Senate addresses this issue with haste, given, as I have stated, that these two royal commissions are already underway. And I certainly hope this bill is supported by honourable senators. I commend it to the Senate.