royal-commissions-amendment-act-2013.pdf, p.7
1 Before section 1
royal-commissions-amendment-act-2013.pdf, p.9
Member of Commission cannot require person to produce document or thing at private session.
10 After subsection 2(3A)
Person must not provide document or thing.
Prohibition of requiring person to produce document or thing at private session.
Repeal subsection, substitute definition of authorised person
11 Subsection 2(4)
Imposes a duty on the State to define authorised persons
Defines a class of persons authorised in writing
12 At the end of section 3 (after the note)
royal-commissions-amendment-act-2013.pdf, p.10
Omit 'authorizing', substitute 'authorising'.
13 Subsection 4(3)
Omit 'authorized', substitute 'authorised'.
14 Paragraphs 4(4)(b) and (c)
Omit “authorize”, substitute “authorise”.
15 Subsection 4(5)
Exclude references to Commission members from relevant Commission references.
16 After subsection 4(5)
Reference adjustment for Commission hearings
17 At the end of section 6AB (after the note)
18 Subsection 6B(1)
19 Subsection 6B(2)
Exempts certain documents from the operation of this Act.
1A After subsection 7(2D)
2 Section 1A
20 At the end of subsection 6B(2)
Exclude Commission members from authorized hearing references
21 At the end of section 6B
royal-commissions-amendment-act-2013.pdf, p.11
22 Section 6C
Substitution of 'authorised' for 'authorized'
23 Subsection 6D(2)
24 Subsection 6F(1)
Specify written authorization for authorized persons
25 Subsection 6F(3)
26 Section 6FA
27 Subsection 6G(2)
28 Before section 6H
Amends reference to inquiry made by Commission for authorized member hearing
29 At the end of section 6H
3 Section 1A
royal-commissions-amendment-act-2013.pdf, p.12
30 After section 6O
royal-commissions-amendment-act-2013.pdf, p.17
31 Subsection 6P(2)
A person may make a record of, use or disclose information for the purposes of performing their functions.
31A After subsection 6P(2B)
Exclude references to Commission members' opinions during authorized hearings.
32 At the end of section 6P
Substitute sections 6DD and 6OE for section 6DD.
33 Subsection 9(12) (heading)
Substitute sections 6DD and 6OE (admissibility of statements etc. made by witness) for section 6DD.
34 Subsection 9(12)
35 Before section 10 (heading relating to legal proceedings)
36 Paragraph 16(1)(a)
Amendments apply to Royal Commissions after Schedule commences
37 Application
4 Subsection 1B(1)
royal-commissions-amendment-act-2013.pdf, p.8
Definition of Commission and Royal Commission
5 Subsection 1B(1) (definition of Commission and Royal
Reference to Royal Commission members is included in other Acts.
6 At the end of section 1B
Inclusion of reference to Royal Commission members.
Reference to Royal Commission members is a subclass of references to Royal Commissions.
Definition of Child Sexual Abuse Royal Commission and private session.
6OA Definitions
6OB Power to hold private sessions
Members authorized by the Chair may hold private sessions.
6OB(1) Power to hold private sessions
A private session may be held only by one or two members referred to in subsection (1).
6OB(2) Power to hold private sessions
Any member of the Commission must hold private sessions subject to certain conditions.
6OB(3) Power to hold private sessions
royal-commissions-amendment-act-2013.pdf, p.13
6OC Status of private session
Prevents a person from appearing at a private session and giving evidence to the Commission.
6OC(1) Status of private session
(1) A person who appears at a private session:
(b) does not give evidence to the Commission.
Private session is not a hearing of the Commission.
6OC(2) Status of private session
A private session is not a hearing of the Commission.
Provisions apply as if information obtained at a private session were produced before the Commission.
6OC(3) Status of private session
Section 9 applies to records of Royal Commission
6OC(4) Status of private session
also applies as if a record produced by one or 2 members of the Child Sexual Abuse Royal Commission at a private session were produced by the Commission.
(4) Section 9 (custody and use of records of Royal Commission)
Sections 6H-6N apply as if a person appeared at a private session before the Child Sexual Abuse Royal Commission.
6OC(5) Status of private session
Temporal relation between sections and private sessions
Implication of sections on private sessions
Application of sections to private sessions
Propagation of sections to related concepts
Section 6O applies in relation to a private session as if the member or members of the Child Sexual Abuse Royal Commission were the Commission.
6OC(6) Status of private session
Section applies in relation to a private session
(6) Section 6O (contempt of Royal Commission)
royal-commissions-amendment-act-2013.pdf, p.14
6OE Statements made and documents produced etc. at a private
Exclusion of private session statements and documents from evidence
6OE(1) Statements made and documents produced etc. at a private
Excludes private session statements and documents from evidence
Exempts proceedings for an offence against the Act from subsection (1)
6OE(2) Statements made and documents produced etc. at a private
6OF Protection of those who appear, or are authorised to be
Protection of witnesses in private sessions
6OF(1) Protection of those who appear, or are authorised to be
...is to be subject to the same liabilities in any civil or criminal proceeding, as a witness in any case tried in the High Court.
Temporal interval between appearance and liability
(1) Any person who appears, or is authorised to be present, at a private session has the same protection and...
...as a witness in any case tried in the High Court.
Cognitive recognition of witnesses' protection
...is to be subject to the same liabilities in any civil or criminal proceeding...
Diffusion of protection to authorized persons
Protection of legal practitioners appearing on behalf of a person at a private session.
6OF(2) Protection of those who appear, or are authorised to be
royal-commissions-amendment-act-2013.pdf, p.15
Only authorised persons may be present during a private session.
6OG Privacy of private sessions
Only persons authorized by a member may be present.
Private session must be held in private.
Only persons who are authorized by a member may be present during the private session.
Unauthorised use or disclosure of information is an offence.
6OH Offence for unauthorised use or disclosure of information
royal-commissions-amendment-act-2013.pdf, p.16
Include private session information in reports if evidence or de-identified.
6OJ Inclusion of information in reports and recommendations
Mandatory inclusion of private session information.
Defendant bears evidential burden in relation to disclosure of information at a private session.
6OK Defence for disclosure to person who provided the information
6OL No other exceptions under other laws
No effect if record, use or disclosure would contravene this Division
6OL(1) No other exceptions under other laws
(b) would not be permitted by a provision of this Division
(a) would contravene a provision of this Division
Subsection (1) has effect regardless of when the provision is made.
6OL(2) No other exceptions under other laws
...regardless of when the provision is made.
The obligation applies regardless of timing.
6OM Relationship with the Archives Act 1983
Records must be made accessible after a certain period.
6OM(1) Relationship with the Archives Act 1983
(1) For the purposes of the Archives Act 1983, a record...
Clarifies application of subsection (1) to records created after the private session.
6OM(2) Relationship with the Archives Act 1983
subsection (1) applies in relation to a record created after the private session
(2) To avoid doubt, subsection (1) applies in relation to a record even if the record came into existence after the private session.
Exempts records from Archives Act 1983 subsections.
6OM(3) Relationship with the Archives Act 1983
(3) Subsection 3(7) and section 56 of the Archives Act 1983 do not apply to a record referred to in subsection (1).
Records exempted from Archives Act 1983.
7 After section 1C
8 After subsection 2(1)
Commission members may hold hearings without the President or Chair.
8(1A) After subsection 2(1)
Hearings overlap with Commission membership
Hearing overlaps with Commission membership
(a) the President or Chair of the Commission; or (b) authorised in writing by the President or Chair of the Commission
CogAI recognises Commission member hearings
Hearings diffuse through Commission membership
Hearing diffusion through Commission membership
Commission members hold hearings recurrently
The President or Chair of the Commission presides at an authorised member hearing.
8(1B) After subsection 2(1)
(1B) The following person presides at an authorised member hearing:
(a) the President or Chair of the Commission;
Omit “authorized”, substitute ‘authorised’.
9 Paragraph 2(3)(b)
royal-commissions-amendment-act-2013.pdf, p.5
1 Short title
royal-commissions-amendment-act-2013.pdf, p.6
Commences on the day this Act receives Royal Assent.
2 Commencement
Requires temporal relation between intervals
Schedules for amendment or repeal of Acts
3 Schedule(s)
An Act to amend the Royal Commissions Act 1902, and for related purposes
Royal Commissions Amendment Act 2013