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Legislation in schedules is amended or repealed according to its terms.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