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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Royal Commissions Amendment
(Protection of Information) Bill 2021
No. , 2021
(Attorney-General)
A Bill for an Act to amend the
Royal Commissions
Act 1902
, and for related purposes
No. , 2021
Royal Commissions Amendment (Protection of Information) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Royal Commissions Act 1902
3
Part 2--Other amendments
6
Freedom of Information Act 1982
6
No. , 2021
Royal Commissions Amendment (Protection of Information) Bill 2021
1
A Bill for an Act to amend the
Royal Commissions
1
Act 1902
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Royal Commissions Amendment (Protection of
5
Information) Act 2021
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Royal Commissions Amendment (Protection of Information) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
Main amendments
Part 1
No. , 2021
Royal Commissions Amendment (Protection of Information) Bill 2021
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Royal Commissions Act 1902
3
1 Subsection 6D(3)
4
After "Commission may", insert ", in accordance with
5
subsection (3A),".
6
2 At the end of paragraph 6D(3)(a)
7
Add "or".
8
3 Subsection 6D(3)
9
Omit "shall" (wherever occurring), substitute "must".
10
4 After subsection 6D(3)
11
Insert:
12
(3A) A direction under subsection (3) may be given:
13
(a) if the direction is given at an authorised member hearing of
14
the Commission--either by:
15
(i) the President or Chair of the Commission (unless the
16
President or Chair is not the member, or one of the
17
members, of the Commission holding the hearing); or
18
(ii) the member, or all of the members, of the Commission
19
holding the hearing; or
20
(b) if the Commission is constituted by 2 or more members and
21
the direction is not given at an authorised member hearing of
22
the Commission--either by:
23
(i) the President or Chair of the Commission; or
24
(ii) a majority of the members of the Commission; or
25
(c) if the Commission is constituted by a sole Commissioner--
26
by the sole Commissioner.
27
5 Section 6OA
28
Insert:
29
Schedule 1
Amendments
Part 1
Main amendments
4
Royal Commissions Amendment (Protection of Information) Bill 2021
No. , 2021
Disability Royal Commission
means the Royal Commission into
1
Violence, Abuse, Neglect and Exploitation of People with
2
Disability, issued by the Governor-General by Letters Patent on
3
4 April 2019 (and including any later variations of those Letters
4
Patent).
5
6 At the end of Division 3 of Part 4
6
Add:
7
6OP Protection of certain information given to the Disability Royal
8
Commission
9
(1) This section applies to information if:
10
(a) the information was given by, or on behalf of, a natural
11
person to the Disability Royal Commission other than for the
12
purposes of a private session; and
13
(b) the information contains an account of the natural person's,
14
or another person's, experiences of violence, abuse, neglect
15
or exploitation; and
16
(c) the information identifies the natural person who gave the
17
information, or on whose behalf the information was given;
18
and
19
(d) the information was treated as confidential by the
20
Commission at all times after being given to the
21
Commission.
22
(2) Section 6OE applies in relation to the information as if it were a
23
statement or disclosure made by the natural person at a private
24
session for the Commission.
25
(3) Sections 6OH, 6OK and 6OL apply in relation to the information
26
as if it were information given by the natural person at a private
27
session for the Commission.
28
(4) Section 6OM applies in relation to the information as if it were a
29
record that contains information obtained at a private session for
30
the Commission.
31
7 After subsection 6P(2C)
32
Insert:
33
Amendments
Schedule 1
Main amendments
Part 1
No. , 2021
Royal Commissions Amendment (Protection of Information) Bill 2021
5
(2D) A reference in subsection (2) to another Commission includes a
1
reference to:
2
(a) a Royal Commission of a State or Territory; and
3
(b) a commission of inquiry of a State or Territory.
4
8 Application provisions
5
(1)
The amendments of section 6D of the
Royal Commissions Act 1902
6
made by this Schedule apply in relation to a direction given by a Royal
7
Commission on or after the commencement of this item, whether the
8
Royal Commission is established before, on or after that
9
commencement.
10
(2)
Section 6OP of the
Royal Commissions Act 1902
, as added by this
11
Schedule, applies in relation to information given before, on or after the
12
commencement of this item.
13
(3)
The amendment of section 6P of the
Royal Commissions Act 1902
made
14
by this Schedule applies in relation to information obtained, evidence
15
taken and documents and things received by a Royal Commission
16
before, on or after the commencement of this item, whether the Royal
17
Commission is established before, on or after that commencement.
18
Schedule 1
Amendments
Part 2
Other amendments
6
Royal Commissions Amendment (Protection of Information) Bill 2021
No. , 2021
Part 2--Other amendments
1
Freedom of Information Act 1982
2
9 At the end of paragraph 7(2E)(a)
3
Add:
4
or (v) that contains information to which section 6OP of that
5
Act (which deals with certain information given to the
6
Disability Royal Commission) applies;
7
10 Application provision
8
The amendment of section 7 of the
Freedom of Information Act 1982
9
made by this Schedule applies in relation to the following:
10
(a) a request for access, made under section 15 of that Act, that
11
is received on or after the day the final report of the
12
Disability Royal Commission is submitted to the
13
Governor-General;
14
(b) an application, made under section 48 of that Act, that is
15
received on or after the day the final report of the Disability
16
Royal Commission is submitted to the Governor-General.
17