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

In relation to the second part of your question, Senator Steele-John, absolutely, the government is committed to ensuring that the disability royal commission it has instituted 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. You are right. I would encourage people—and I hope this bill provides that encouragement—to now come forward and provide their accounts to the royal commission.

As you and I have discussed and as I have already referred to, the amendments the government is introducing directly respond to the feedback received whilst this bill has been before the parliament. As you and I have discussed, the amendments will apply limitations on the use and disclosure of information given by individuals to the royal commission about their experiences of violence, abuse, neglect and exploitation. To go directly to the question that you have posed, the amendments would ensure that systemic accounts are covered by the legislation and—further answering your question, particularly the latter part—that people can engage with the royal commission without fear of further disclosures. I have to say—and you and I have discussed this, Senator Steele-John—it was always intended by the government to protect accounts of a systemic nature. To go to the second part of your question, what we are doing by moving this amendment is making it absolutely clear and explicit, on the face of this legislation, so people understand that it was always intended that accounts of a systemic nature would be protected. So the bill will be passed by the Senate and, yes, I encourage people to come forward, with the assurances that they will now get within this particular piece of legislation.

I will add for thoroughness, though, that the amendments ensure that sensitive information provided to the royal commission outside private sessions will be accorded the same confidentiality as material obtained for the purposes of a private session. The provisions are not confined to an individual account and could be applied more broadly to systemic accounts relating to policies, procedures or practices, or to acts or omissions which have contributed to experiences of violence, abuse, neglect or exploitation. The protections would apply to certain information given to the royal commission when it commenced its operations on 4 April 2019. The amendments will protect individuals in organisations who have observed failures in the implementation of policies that put people with disability at risk. Senator Steele-John, I hope that now does comprehensively put on the record the answers to your question.