Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the law in relation to Royal Commissions, and for related purposes
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Registered 08 Oct 2020
Introduced Senate 06 Oct 2020
Table of contents.

 

 

 

 

 

2019‑2020

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Royal Commissions Amendment (Confidentiality Protections) Bill 2020

No.      , 2020

 

(Senator Steele‑John)

 

 

 

A Bill for an Act to amend the law in relation to Royal Commissions, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Freedom of Information Act 1982                                                                            3

Royal Commissions Act 1902                                                                                    3

 

 


A Bill for an Act to amend the law in relation to Royal Commissions, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Royal Commissions Amendment (Confidentiality Protections) Act 2020.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

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Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Freedom of Information Act 1982

1  At the end of paragraph 7(2E)(a)

Add:

                       ;or (v)  that contains information to which section 6OO of that Act (which deals with certain information given to the Disability Royal Commission) applies;

2  Application provision

            The amendments of section 7 of the Freedom of Information Act 1982 made by this Schedule apply in relation to the following:

                     (a)  a request for access, made under section 15 of that Act, that is received on or after the commencement of this item;

                     (b)  an application, made under section 48 of that Act, that is received on or after the commencement of this item.

Royal Commissions Act 1902

3  Section 6OA

Insert:

Disability Royal Commission means the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability issued by the Governor‑General by Letters Patent on 4 April 2019 (and including any later variations of those Letters Patent).

4  At the end of Division 3 of Part 4

Add:

6OO  Protection of certain information given to the Disability Royal Commission

             (1)  This section applies to information if:

                     (a)  the information was given by, or on behalf of, a natural person to the Disability Royal Commission other than for the purposes of a private session; and

                     (b)  the information identifies the natural person who gave the information, or on whose behalf the information was given; and

                     (c)  the Commission indicated that the information, if given, would be treated as confidential; and

                     (d)  the information was treated as confidential by the Commission.

             (2)  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.

             (3)  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.

             (4)  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.