Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

In summing up, I really do thank all senators for their contributions to this debate on the Royal Commissions Amendment (Protection of Information) Bill 2021. In particular, I would like to acknowledge the work that I have been able to do with Senator Steele-John.

The government well and truly takes violence, abuse, neglect and exploitation of people with disability very seriously. I think what this bill shows—again, working with Senator Steele-John, who has brought me firsthand experience on behalf of other people—is that the government has listened, particularly to the Royal Commission into Violence, Abuse and Exploitation of People with Disability. We've also listened—and Senator Steele-John, as I've said, has brought me a number of examples—to people with disability, their families and their carers, and the broader Australian public about the importance of this. And key for this bill and what we all agree with, and, in fact, but for some amendments that the government have agreed we will move to improve the bill, this bill would have gone through as a non-contro bill because we are united in this purpose, is the importance of ensuring that people have the confidence to come forward and tell their story. As a result, the bill provides confidentiality protections for certain sensitive information that is given to the disability royal commission, by strengthening and expanding the existing protections under the Royal Commissions Act to remove any doubt about the safeguarding of confidential information beyond the life of the inquiry.

It also expands existing protections in the Royal Commissions Act to provide clarity for people that a broad range of sensitive information given to the disability royal commission will be fully protected. The bill amends the act to ensure the confidentiality of certain information given by—importantly, as I've discussed with Senator Steele-John—or on behalf of individuals to the disability royal commission is protected. The use and disclosure of information given by individuals to the commission about their or others' experiences of violence, abuse, neglect and exploitation will be limited where that information was given for purposes other than a private session and the information was treated as confidential by the commission at all times. The amendments will provide that this category of confidential information is not admissible in evidence against a person in any civil or criminal proceedings in any court of the Commonwealth, a state or a territory. Further, a provision of any law of the Commonwealth, a state or a territory would have no effect to the extent that it would otherwise require or authorise a person to make a record of, use or disclose the information. In addition, it will be an offence to disclose or use this confidential information without authority.

The bill provides that these protections will apply in circumstances where information is given on behalf of another person—for example, a carer or parent giving information on behalf of a person with disability—and also extends to cover accounts of systemic forms of violence, abuse, neglect and exploitation of people with disability, and not just individual accounts, as I discussed with Senator Steele-John. Records of the confidential information will be held securely by the custodian, the Secretary of the Attorney-General's Department, when the inquiry ends. Just like private session information, a court will be unable to compel the department to disclose this information. It will not be admissible in court proceedings, and third parties will be unable to seek this information under freedom of information regimes.

I say again that the government has given careful consideration to the development of this bill. We have also—and I do acknowledge this—consulted with the disability royal commission. As I've said, I've worked constructively with the Australian Greens and Senator Steele-John to ensure that this bill provides comprehensive protections for sensitive information. I will be moving some amendments, as I've alluded to, in the committee stage to improve the bill. Again, on behalf of the government, I do thank the Senate for the comprehensive support of this important piece of legislation and I commend the bill to the Senate.

Question agreed to.

Bill read a second time.