royal-commissions-amendment-private-sessions-act-2019.pdf, p.7
Definition of staff member for Royal Commission
1 Subsection 1B(1)
The employment of a staff member is included in the temporal interval of the person's engagement
A staff member may be employed by a person who performs functions or duties for the Commission
The engagement of a staff member is included in the set of persons who are contractors for the Commission
A staff member may be engaged by, or on behalf of, the Commonwealth as a contractor
The appointment of a person is included in the set of persons who are appointed to assist the Commission
A person may be appointed or otherwise engaged by, or on behalf of, the Commonwealth to assist the Commission as counsel
The appointment of a legal practitioner is included in the set of persons who are appointed to assist the Commission
A legal practitioner may be appointed by the Attorney-General to assist the Commission
The employment of a person is included in the set of persons who are engaged by, or on behalf of, the Commonwealth as contractors for the Commission
A person may be employed by a person to whom paragraph (b) or this paragraph applies
Staff member is a class in the Commission's hierarchy
Staff member is a person who performs functions or duties relating to the Commission
royal-commissions-amendment-private-sessions-act-2019.pdf, p.9
Repeal heading and substitute with new text.
14 Section 6OC (heading)
Insert 'for a Royal Commission' after 'private session'
15 Subsections 6OC(1) and (2)
16 Subsections 6OC(3) and (4)
Provisions apply to documents and other things obtained or received by the Commission.
16(3) Subsections 6OC(3) and (4)
...were produced before, delivered or given to, or otherwise obtained or received by, the Commission.
Provisions apply to documents and other things within a certain time frame.
(3) Sections 6F (power of Commission in relation to documents and other things), 6P (Commission may communicate information) and 9 (custody and use of records of Royal Commission) apply as if...
Provisions apply to documents and other things.
Records produced during a private session must be treated as if they were produced by the Commission.
16(4) Subsections 6OC(3) and (4)
Records produced during a private session occur during the production of records by the Commission.
Temporal relationship between records produced during a private session and those produced by the Commission.
(4) Section 9 (custody and use of records of Royal Commission)
Records produced during a private session are classified as records produced by the Commission.
Classification of records produced during a private session as records produced by the Commission.
Obligation to treat records produced during a private session as if they were produced by the Commission.
The obligation to treat records produced during a private session as if they were produced by the Commission diffuses to the Commission's staff and members.
Spread of obligations from the Commission to its staff and members.
Records produced during a private session occur until the production of records by the Commission.
royal-commissions-amendment-private-sessions-act-2019.pdf, p.10
Insertion of phrase for a Royal Commission after 'private session'
17 Paragraph 6OC(5)(a)
Substitute Commission with "Commission".
18 Paragraph 6OC(5)(a)
19 Paragraphs 6OC(5)(b) and (c)
Substitute a specific staff member in the definition of 'member of the staff'.
2 Subsection 5(3)
Insertion of text after a private session
20 Subsection 6OC(6)
Omit 'of the Child Sexual Abuse Royal Commission'
21 Paragraph 6OC(6)(a)
22 Section 6OE (heading)
23 At the end of subsection 6OE(1)
royal-commissions-amendment-private-sessions-act-2019.pdf, p.11
26 Division 3 of Part 4 (heading)
27 Section 6OG
28 Section 6OH (heading)
Repeal paragraph and substitute with new obligation to identify information source.
29 Paragraph 6OH(a)
New obligation to identify information source.
Repeal heading and substitute with new text
3 Part 4 (heading)
Substitute 'Commission' for 'Child Sexual Abuse Royal Commission'
30 Subparagraph 6OH(c)(i)
Substitute subparagraphs with new obligations regarding information handling.
31 Subparagraphs 6OH(c)(iii) and (iv)
royal-commissions-amendment-private-sessions-act-2019.pdf, p.12
32 Section 6OH (note)
No offence under this section for making a record of information not covered by paragraph (a).
33 At the end of section 6OH
The record is made during a private session or before disclosure.
The person who gave the information at the private session, or to the member, or member of the staff, of the Royal Commission.
The record is made by the person giving the information.
Exemption from prosecution for making a record of information not covered by paragraph (a).
The record is made through a member or staff of the Royal Commission.
The record is made in accordance with the Royal Commission's procedures.
Insertion of clause after 'private session'
34 Section 6OJ
35 Section 6OJ
Omit “information at a private session.”
36 Section 6OK
Prohibits omitting information at a private session.
royal-commissions-amendment-private-sessions-act-2019.pdf, p.13
Must identify person who gave information in private session.
37 Before subsection 6OL(1)
Obligation to identify person who gave information.
38 Subsection 6OL(1)
Must provide information given by a natural person to a member of the Royal Commission for private session purposes.
39 After paragraph 6OM(1)(b)
Information given by a natural person to a member of the Royal Commission for private session purposes.
royal-commissions-amendment-private-sessions-act-2019.pdf, p.8
4 Division 1 of Part 4 (heading)
Repeal subsection, substitute clause to clarify application of record creation timing.
40 Subsection 6OM(2)
41 At the end of Division 3 of Part 4
royal-commissions-amendment-private-sessions-act-2019.pdf, p.14
Amendments apply to applications, inquiries, and proceedings made or conducted after commencement.
42 Application provisions
Defines the commencement and applicability periods for the amendments.
6 At the end of Division 1 of Part 4
The text states the conditions under which this Part applies
6OB Power to hold private sessions
Members may hold private sessions for the Commission to obtain information.
6OB(1) Power to hold private sessions
Permission granted by the Chair of the Commission.
Commissioner may hold private session for obtaining information.
6OB(2) Power to hold private sessions
Private sessions can only be held by one or two members.
6OB(3) Power to hold private sessions
Private sessions can only be held during the same time as other sessions with one or two members.
(3) A private session held under subsection (1) may be held only by one or 2 members.
Prohibits private sessions with more than one or two members.
Private sessions can only be held in the same location as other sessions with one or two members.
Private sessions can only be held until other sessions with one or two members are completed.
Commission members can determine matters during private sessions.
6OB(4) Power to hold private sessions
Commission members are allowed to determine matters during private sessions.
Commission members must determine matters during private sessions.
The Commission members are required to determine matters during private sessions.
Commissioner must hold private session subject to Letters Patent
6OB(5) Power to hold private sessions
...the sole Commissioner holding the private session may...
Private sessions are part of Royal Commissions with specific start and end times
(5) If a private session is held for a Royal Commission under subsection (2),...
6OC Status of private sessions etc.
Certain statements made and documents produced etc. not admissible in evidence
6OE Certain statements made and documents produced etc. not
Prohibits statements and documents from being used in evidence
Offence for unauthorised use or disclosure of information
6OH Offence for unauthorised use or disclosure of information
6ON Protection of certain information given to the Child Sexual
Protection of certain information given to the Child Sexual Abuse Royal Commission
6ON(1) Protection of certain information given to the Child Sexual
The information is confidential within a certain time frame.
Temporal interval for confidentiality treatment
(d) the Commission indicated that the information, if given, would be treated as confidential;
The system recognizes the confidentiality classification based on this condition.
Recognition of confidentiality classification
(c) the information identifies the natural person who gave the information, or on whose behalf the information was given;
The Commission indicated that the information, if given, would be treated as confidential.
The confidentiality treatment is diffused to all relevant parties.
(e) the information was treated as confidential by the Commission;
The system validates the confidentiality treatment based on this condition.
(a) the information was given by, or on behalf of, a natural person to the Child Sexual Abuse Royal Commission other than for the purposes of a private session;
Section 6OE applies in relation to the information as if it were a statement or disclosure made by the natural person at a private session for the Commission.
6ON(2) Protection of certain information given to the Child Sexual
Section applies in relation to the information.
Apply sections 6OH, 6OK and 6OL as if the information were given by a natural person at a private session for the Commission.
6ON(3) Protection of certain information given to the Child Sexual
as if it were information given by the natural person at a private session for the Commission.
Sections 6OH, 6OK and 6OL apply in relation to the information
as if the information were given by a natural person at a private session for the Commission.
Section 6OM applies in relation to the information as if it were a record that contains information obtained at a private session for the Commission.
6ON(4) Protection of certain information given to the Child Sexual
as if it were a record that contains information obtained at a private session for the Commission.
Section applies in relation to information
Repeal section and substitute with new content.
7 Section 6OB
royal-commissions-amendment-private-sessions-act-2019.pdf, p.16
Repeal paragraph and substitute with new provision
1 Paragraph 7(2E)(a)
Definition of expression used in subsection (2E)
2 At the end of section 7
Part 4 of the Royal Commissions Act 1902
Same meaning as in Part 4 of the Royal Commissions Act 1902
Amendments apply to certain requests and applications made under the Freedom of Information Act 1982 after commencement.
3 Application provision
royal-commissions-amendment-private-sessions-act-2019.pdf, p.5
1 Short title
royal-commissions-amendment-private-sessions-act-2019.pdf, p.6
1 Section 1
Note on table limitations and amendments
14 September
Commencement rules for provisions in the Act.
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to amend the Royal Commissions Act 1902, and for related purposes
Royal Commissions Amendment (Private Sessions) Act 2019