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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Royal Commissions Amendment
(Enhancing Engagement) Bill 2023
No. , 2023
(Attorney-General)
A Bill for an Act to amend the Royal Commissions
Act 1902, and for other purposes
No. , 2023
Royal Commissions Amendment (Enhancing Engagement) Bill 2023
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. , 2023
Royal Commissions Amendment (Enhancing Engagement) Bill 2023
1
A Bill for an Act to amend the Royal Commissions
1
Act 1902, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
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This Act is the
Royal Commissions Amendment (Enhancing
5
Engagement) Act 2023
.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Royal Commissions Amendment (Enhancing Engagement) Bill 2023
No. , 2023
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.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Amendments
Schedule 1
Main amendments
Part 1
No. , 2023
Royal Commissions Amendment (Enhancing Engagement) Bill 2023
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Schedule 1--Amendments
1
Part 1--Main amendments
2
Royal Commissions Act 1902
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1 Section 6OA
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Before "In", insert "(1)".
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2 Section 6OA
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Insert:
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Defence and Veteran Suicide Royal Commission
means the Royal
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Commission into Defence and Veteran Suicide, issued by the
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Governor-General by Letters Patent on 8 July 2021 (and including
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any later variations of those Letters Patent).
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defence member
means a member of the Defence Force.
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veteran
means a person who has served, or is serving, as a member
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of the Permanent Forces or as a member of the Reserves.
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3 At the end of section 6OA
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Add:
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(2) In subsection (1), the following terms have the same meaning as in
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the
Defence Act 1903
:
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(a) Defence Force;
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(b) Permanent Forces;
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(c) Reserves.
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4 At the end of Division 3 of Part 4
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Add:
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6OQ Protection of certain information given to the Defence and
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Veteran Suicide Royal Commission
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(1) This section applies to information if:
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Schedule 1
Amendments
Part 1
Main amendments
4
Royal Commissions Amendment (Enhancing Engagement) Bill 2023
No. , 2023
(a) the information was given by, or on behalf of, a natural
1
person to the Defence and Veteran Suicide Royal
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Commission other than for the purposes of a private session;
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and
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(b) the information contains any of the following:
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(i) an account of a person's experiences of suicide,
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suicidality or poor mental health as a defence member
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or veteran;
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(ii) an account of a person's experiences of systemic issues
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as a defence member or veteran; and
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(c) the information directly or indirectly identifies the natural
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person who gave the information, or on whose behalf the
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information was given; and
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(d) the information was treated as confidential by the
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Commission at all times after being given to the
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Commission.
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(2) Section 6OE applies:
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(a) in all cases--in relation to the natural person who gave the
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information to the Commission, as if the information were a
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statement or disclosure made by that person at a private
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session for the Commission; and
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(b) if the information was given to the Commission on behalf of
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another natural person--in relation to the other natural
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person as if the information were a statement or disclosure
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made on behalf of that other person at a private session for
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the Commission.
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(3) Sections 6OH, 6OK and 6OL apply in relation to the information
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as if it were information given by the natural person at a private
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session for the Commission.
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(4) Section 6OJ applies in relation to the information as if it were
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information obtained at a private session for the Commission.
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(5) Section 6OM applies in relation to the information as if it were a
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record that contains information obtained at a private session for
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the Commission.
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(6) A reference in subparagraph (1)(b)(ii) to experiences of systemic
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issues is a reference to experiences, or an awareness, of a policy,
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Amendments
Schedule 1
Main amendments
Part 1
No. , 2023
Royal Commissions Amendment (Enhancing Engagement) Bill 2023
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procedure, practice, act or omission that contributed, or may have
1
contributed, to a person's suicide, suicidality or poor mental health.
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5 Application provision
3
Section 6OQ of the
Royal Commissions Act 1902
, as added by this
4
Schedule, applies in relation to information given before, on or after the
5
commencement of this item.
6
Schedule 1
Amendments
Part 2
Other amendments
6
Royal Commissions Amendment (Enhancing Engagement) Bill 2023
No. , 2023
Part 2--Other amendments
1
Freedom of Information Act 1982
2
6 At the end of paragraph 7(2E)(a)
3
Add:
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or (vi) that contains information to which section 6OQ of that
5
Act (which deals with certain information given to the
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Defence and Veteran Suicide Royal Commission)
7
applies;
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7 Application provision
9
The amendment of section 7 of the
Freedom of Information Act 1982
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made by this Schedule applies in relation to the following:
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(a) a request for access, made under section 15 of that Act, that
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is received on or after the day the final report of the Defence
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and Veteran Suicide Royal Commission is submitted to the
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Governor-General;
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(b) an application, made under section 48 of that Act, that is
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received on or after the day the final report of the Defence
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and Veteran Suicide Royal Commission is submitted to the
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Governor-General.
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