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

by leave—I move government amendments (1) to (7) on sheet SV119 together:

(1) Schedule 1, page 4 (after line 5), after item 5, insert:

5A After section 6OE(1)

Insert:

(1A) The following are also not admissible in evidence against a natural person in any civil or criminal proceedings in any court of the Commonwealth, of a State or of a Territory:

(a) a statement or disclosure made on behalf of the person at a private session;

(b) the production of a document or other thing on behalf of the person at a private session;

(c) a statement or disclosure made on behalf of the person to a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission).

5B Subsection 6OE(2)

Omit "Subsection (1) does not", substitute "Subsections (1) and (1A) do not".

(2) Schedule 1, item 6, page 4 (lines 14 to 16), omit paragraph 6OP(1)(b), substitute:

(b) the information contains any of the following:

(i) an account of the natural person's, or another person's, experiences of violence, abuse, neglect or exploitation;

(ii) an account of the natural person's, or another person's, experiences of systemic violence, abuse, neglect or exploitation; and

(3) Schedule 1, item 6, page 4 (line 17), after "information", insert "directly or indirectly".

(4) Schedule 1, item 6, page 4 (lines 23 to 25), omit subsection 6OP(2), substitute:

(2) Section 6OE applies:

(a) in all cases—in relation to the natural person who gave the information to the Commission, as if the information were a statement or disclosure made by that person at a private session for the Commission; and

(b) if the information was given to the Commission on behalf of another natural person—in relation to the other natural person as if the information were a statement or disclosure made on behalf of that other person at a private session for the Commission.

(5) Schedule 1, item 6, page 4 (after line 28), after subsection 6OP(3), insert:

(3A) Section 6OJ applies in relation to the information as if it were information obtained at a private session for the Commission.

(6) Schedule 1, item 6, page 4 (after line 31), at the end of section 6OP, add:

(5) A reference in subparagraph (1)(b)(ii) to experiences of systemic violence, abuse, neglect or exploitation is a reference to experiences, or an awareness, of a policy, procedure, practice, act or omission that contributed, or may have contributed, to a natural person experiencing violence, abuse, neglect or exploitation.

(7) Schedule 1, item 8, page 5 (after line 10), after subitem (1), insert:

(1A) Section 6OE of the Royal Commissions Act 1902, as amended by this Schedule, applies in relation to a statement or disclosure made, or a document or other thing produced:

(a) on or after the commencement of this item, at, or for the purposes of, a private session for a Royal Commission that is established on or after that commencement; or

(b) before, on or after the commencement of this item, at, or for the purposes of, a private session for a Royal Commission that:

(i) is established before that commencement; and

(ii) conducts all or part of an inquiry after that commencement.

I will very briefly just talk to the amendments and I know that Senator Steele-John will also briefly speak to them. As I've said, the amendments in detail show that we are committed to ensuring that the disability royal commission instituted by the government is able to thoroughly investigate violence against and abuse, neglect and exploitation of people with disabilities and that there are appropriate protections of confidential and sensitive information. What we are doing with these amendments that the government is introducing is to ensure that they directly respond to feedback received whilst the bill has actually been before the parliament. The amendments to the bill will extend existing protections for the confidentiality of certain information provided to the disability royal commission. The amendments will ensure that all persons wishing to engage with the disability royal commission can be confident that they can tell their stories or provide information in a way that protects the confidentiality of their sensitive information and protects them against potential adverse consequences. Again, I thank the Senate for what I am advised is the support of these amendments.