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