ROYAL COMMISSIONS AMENDMENT BILL 2013

i Royal Commissions Amendment Bill 2013 No. , 2013

Contents

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

Commencement ................................................................................. 1

Schedule(s) ........................................................................................ 1

Schedule 1--Amendments

Royal Commissions Act 1902

Royal Commissions Amendment Bill 2013 No. , 2013 1

A Bill for an Act to amend the Royal Commissions

Act 1902, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Royal Commissions Amendment Act

2013.

2 Commencement

This Act commences on the day this Act receives the Royal

Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

Amendments Schedule 1

Royal Commissions Amendment Bill 2013 No. , 2013 3

Schedule 1

Amendments

Royal Commissions Act 1902

1 Before section 1

Insert:

Part 1--Preliminary

2 Section 1A

Omit "authorize", substitute "authorise".

3 Section 1A

Omit "authorizing", substitute "authorising".

4 Subsection 1B(1)

Insert:

authorised member hearing means a hearing of a Commission that

is held as referred to in subsection 2(1A).

5 Subsection 1B(1) (definition of Commission and Royal

Commission)

Repeal the definition, substitute:

Commission and Royal Commission means any Commission of

inquiry issued by the Governor-General by Letters Patent under

this Act or any other power, and includes the following persons

sitting for the purposes of the inquiry:

(a) in relation to an authorised member hearing--the member or

members of the Commission holding the hearing;

(b) in relation to a Commission that is constituted by 2 or more

members (except if paragraph (a) applies)--the members of

the Commission, or a quorum of those members;

6 At the end of section 1B

Add:

Schedule 1 Amendments

4 Royal Commissions Amendment Bill 2013 No. , 2013

(3) A reference in any other Act to a Royal Commission (being a

Royal Commission established by the Governor-General by Letters

Patent under this Act or any other power) includes a reference to

one or more members of a Commission holding an authorised

member hearing.

7 After section 1C

Insert:

Part 2--Hearings and coercive and other powers of

Royal Commissions

8 After subsection 2(1)

Insert:

(1A) If a Commission is constituted by 2 or more members, a hearing of

the Commission may be held by one or more members of the

Commission if each of the members holding the hearing is either:

(a) the President or Chair of the Commission; or

(b) authorised in writing by the President or Chair of the

Commission to hold authorised member hearings in relation

to the Commission.

(1B) The following person presides at an authorised member hearing:

(a) the President or Chair of the Commission;

(b) if the President or Chair is not one of the members holding an

authorised member hearing--the member of the Commission

who is authorised in writing by the President or Chair to

preside at the hearing.

9 Paragraph 2(3)(b)

Omit "authorized", substitute "authorised".

10 After subsection 2(3A)

Insert:

(3B) A member of a Commission must not require, under

subsection (3A), a person to produce a document or thing at a

private session (within the meaning of Part 4).

Amendments Schedule 1

Royal Commissions Amendment Bill 2013 No. , 2013 5

11 Subsection 2(4)

Repeal the subsection, substitute:

(4) In this section, a reference to a person who is an authorised person

in relation to a Commission is a reference to a person authorised in

writing, or a person included in a class of persons authorised in

writing, for the purposes of this section by:

(a) in relation to an authorised member hearing--the member of

the Commission presiding at the hearing; and

(b) in relation to a Commission that is constituted by 2 or more

members (except if paragraph (a) applies)--the President or

Chair of the Commission; and

12 At the end of section 3 (after the note)

Add:

(7) The references in subsections (3) and (6) to the matters into which

the Commission was inquiring are, for a Commission that holds an

authorised member hearing, references to the matters into which

the Commission as a whole was inquiring.

13 Subsection 4(3)

Omit "authorizing", substitute "authorising".

14 Paragraphs 4(4)(b) and (c)

Omit "authorized", substitute "authorised".

15 Subsection 4(5)

Omit "authorize", substitute "authorise".

16 After subsection 4(5)

Insert:

(5A) The references in this section to a relevant Commission do not

include references to one or more members of a Commission

holding an authorised member hearing.

17 At the end of section 6AB (after the note)

Add:

Schedule 1 Amendments

6 Royal Commissions Amendment Bill 2013 No. , 2013

(7) The reference in subsection (6) to the matters into which the

Commission was inquiring is, for a Commission that holds an

authorised member hearing, a reference to the matters into which

the Commission as a whole was inquiring.

18 Subsection 6B(1)

After "Chair", insert ", or the sole Commissioner,".

19 Subsection 6B(2)

Omit "authorize", substitute "authorise".

20 At the end of subsection 6B(2)

Add ", or the sole Commissioner".

21 At the end of section 6B

Add:

(5) The reference in subsection (2) to the Commission does not include

a reference to one or more members of a Commission holding an

authorised member hearing.

22 Section 6C

Omit "meeting", substitute "hearing".

23 Subsection 6D(2)

Omit "authorized", substitute "authorised".

24 Subsection 6F(1)

Omit "authorized", substitute "authorised".

25 Subsection 6F(3)

Repeal the subsection, substitute:

(3) In subsection (1), a reference to a person who is an authorised

person in relation to a Commission is a reference to a person

authorised in writing, or a person included in a class of persons

authorised in writing, for the purposes of that subsection by:

(a) in relation to an authorised member hearing--the member of

the Commission presiding at the hearing; and

Amendments Schedule 1

Royal Commissions Amendment Bill 2013 No. , 2013 7

(b) in relation to a Commission that is constituted by 2 or more

members (except if paragraph (a) applies)--the President or

Chair of the Commission; and

26 Section 6FA

Omit "authorized" (wherever occurring), substitute "authorised".

27 Subsection 6G(2)

Omit "authorize", substitute "authorise".

28 Before section 6H

Insert:

Part 3--Offences

29 At the end of section 6H

Add:

(5) The reference in subsection (1) to the inquiry being made by the

Commission is, for a Commission that holds an authorised member

hearing, a reference to the inquiry being made by the Commission

as a whole.

Note:

However, the reference in subsection (1) to a hearing before a

Commission may be an authorised member hearing.

30 After section 6O

Insert:

Part 4--Private sessions for the Child Sexual Abuse

Royal Commission

6OA Definitions

In this Part:

Child Sexual Abuse Royal Commission means the Royal

Commission into Institutional Responses to Child Sexual Abuse

Schedule 1 Amendments

8 Royal Commissions Amendment Bill 2013 No. , 2013

issued by the Governor-General by Letters Patent on 11 January

2013 (and including any later variations of those Letters Patent).

private session means a private session held under section 6OB.

6OB Power to hold private sessions

(1) Any of the following members of the Child Sexual Abuse Royal

Commission may hold a private session to obtain information in

relation to matters into which the Commission is inquiring:

(a) the Chair of the Commission;

(b) a member who is authorised in writing by the Chair of the

Commission.

(2) A private session may be held only by one or 2 members referred

to in subsection (1).

(3) Any member of the Commission holding a private session may

(subject to the Letters Patent establishing the Commission and

section 6OD) determine any matters relating to the conduct of the

private session, having regard to any directions given by the Chair

of the Commission.

6OC Status of private session

(1) A person who appears at a private session:

(a) is not a witness before the Commission; and

(b) does not give evidence to the Commission.

(2) A private session is not a hearing of the Commission.

Powers of Commission and custody and use of records

(3) The following provisions apply as if information, a document,

record or other thing obtained by one or 2 members of the Child

Sexual Abuse Royal Commission at a private session were

produced before, delivered or given to, or otherwise obtained or

received by, the Commission:

(a) section 6F (power of Commission in relation to documents

and other things);

(b) section 6P (Commission may communicate information);

Amendments Schedule 1

Royal Commissions Amendment Bill 2013 No. , 2013 9

(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.

Application of Part 4 (offences)

(5) Sections 6H (false or misleading evidence), 6I (bribery of witness),

6J (fraud on witness), 6L (preventing witness from attending), 6M

(injury to witness) and 6N (dismissal by employers of witness)

apply as if:

(a) a person who appears, or intends to appear, at a private

session were called or summoned, or appeared, as a witness

before the Child Sexual Abuse Royal Commission; and

(b) any information provided, or that a person intends to provide,

at a private session were testimony or evidence given at a

hearing before the Commission; and

intends to produce, at a private session was produced or

would have been produced because the person was required

to do so under a summons, requirement or notice under

section 2.

(6) Section 6O (contempt of Royal Commission) applies in relation to

a private session as if:

(a) the member or members of the Child Sexual Abuse Royal

Commission holding the private session were the

Commission; and

(b) the private session were proceedings of the Commission.

6OD Privacy of private sessions

(1) A private session must be held in private, and only persons who are

authorised by a member of the Child Sexual Abuse Royal

Commission holding the private session may be present during the

private session.

Offence for using or disclosing information obtained at a private

session

(2) A person commits an offence if:

(a) the person obtains information at a private session; and

Schedule 1 Amendments

10 Royal Commissions Amendment Bill 2013 No. , 2013

(b) the person uses or discloses the information; and

(i) the use or disclosure is for the purposes of performing

functions or duties or exercising powers in relation to

the Child Sexual Abuse Royal Commission;

(ii) the person is authorised to use, disclose or publish the

information under subsection (3) or section 6P

(Commission may communicate information) or 9

(custody and use of records of Commission).

Penalty: 20 penalty units or 12 months imprisonment or both.

Inclusion of information in reports and recommendations

(3) Information that relates to a natural person that has been obtained

at a private session may be included in a report or recommendation

of the Child Sexual Abuse Royal Commission only if:

(a) the information is also given as evidence to the Commission

or under a summons, requirement or notice under section 2;

(b) the information is de-identified.

Archives Act 1983

(4) The Archives Act 1983 applies in relation to information obtained

at a private session as if a direction had been given by the Child

Sexual Abuse Royal Commission prohibiting the publication of the

information.

6OE Statements made and documents produced etc. at a private

session are not admissible in evidence

(1) The following are not admissible in evidence against a natural

person in any civil or criminal proceedings in any court of the

Commonwealth, of a State or of a Territory:

(a) a statement or disclosure made by the person at a private

session;

(b) the production of a document or other thing by the person at

a private session.

(2) Subsection (1) does not apply to the admissibility of evidence in

proceedings for an offence against this Act.

Amendments Schedule 1

Royal Commissions Amendment Bill 2013 No. , 2013 11

6OF Protection of those who appear, or are authorised to be

present, at a private session

(1) Any person who appears, or is authorised to be present, at a private

session has the same protection and, in addition to the penalties

provided by this Act, 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.

(2) A legal practitioner who appears on behalf of a person at a private

session has the same protection and immunity as a barrister has in

appearing for a party in proceedings in the High Court.

Part 5--Miscellaneous

31 Subsection 6P(2)

Omit "authorized", substitute "authorised".

32 At the end of section 6P

Add:

(4) The references in this section to the opinion of the Commission do

not include references to the opinion of one or more members of

the Commission while holding an authorised member hearing.

33 Subsection 9(12) (heading)

Omit "section 6DD", substitute "sections 6DD and 6OE".

34 Subsection 9(12)

Omit "section 6DD", substitute "sections 6DD and 6OE (admissibility

of statements etc. made by witness)".

35 Before section 10 (heading relating to legal proceedings)

Repeal the heading.

36 Paragraph 16(1)(a)

Omit "authorize", substitute "authorise".

37 Application

Schedule 1 Amendments

12 Royal Commissions Amendment Bill 2013 No. , 2013

The amendments made by this Schedule (other than the amendments

made by items 10, 30, 33 and 34 of this Schedule) apply in relation to

any Royal Commission that conducts an inquiry after this Schedule

commences, whether the Royal Commission is established before or

after this Schedule commences.

Note:

The amendments made by items 10, 30, 33 and 34 of this Schedule apply only in

relation to the Child Sexual Abuse Royal Commission.

Commonwealth of Australia Bills

ROYAL COMMISSIONS AMENDMENT BILL 2013