Sponsor speech Supports
Mark Dreyfus
Dreyfus supports the bill and says it should be passed quickly because it will give people greater confidence to share sensitive information with the royal commission.
Read in Hansard ↗Royal Commissions Amendment (Enhancing Engagement)
Current status
This bill became law on Apr 11th, 2023.
Policy area
Government & democracy
What does this bill do?
People who give confidential informationSensitive material given to the commission outside a private session that the bill treats as protected if the commission keeps it confidential. to the Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. outside private sessions get the same privacy protections as if they had spoken in a private sessionA closed royal commission session where people can tell their story under stronger confidentiality rules than in a public hearing..
Why was it introduced?
The Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. said existing secrecy protections were too weak to encourage ADFAustralia's military, whose serving and former members are the main people this bill aims to protect when they speak to the commission. members, especially serving members worried sensitive disclosures could harm their careers. The bill extends private-session style confidentiality to certain information given outside private sessions and blocks its misuse, disclosure, court use and later FOIThe public access process that normally lets people ask for government documents, but which the bill blocks for covered commission material after the final report is handed down. release.
Broader context
Before this bill, the Royal Commissions Act gave strong confidentiality protections to private sessions, but the Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. said sensitive accounts provided through submissions, phone interviews and other confidential channels outside private sessions were not covered the same way. After the commission’s interim reportThe commission report that identified the gap in secrecy protections and pushed for the bill's new confidentiality rules. on 11 August 2022 warned that this gap was discouraging especially serving ADFAustralia's military, whose serving and former members are the main people this bill aims to protect when they speak to the commission. members from speaking because they feared career harm, Parliament passed the bill in March 2023 and it became law in April, extending private-session style protections, including later FOIThe public access process that normally lets people ask for government documents, but which the bill blocks for covered commission material after the final report is handed down. exclusion, to qualifying confidential material already given to the commission.
Key criticism
No significant public case against this bill is recorded so far, with debate presenting it as a narrow drafting change to protect highly sensitive evidence given to the Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information.. Across the speeches provided, no party represented in the debate opposed the bill or identified a concrete harm it would cause.
Who supported it?
Hon Mark Dreyfus KC, MP introduced this bill. It passed on the voices.
Introduced in House 15 Feb 2023
Passed House 08 Mar 2023
Passed Senate 30 Mar 2023
Became law 11 Apr 2023
Did it become law?
Yes
Became law 11 Apr 2023
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
55 days
From introduction to the latest recorded parliamentary step
Meaning
What does this bill do?
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People who give confidential informationSensitive material given to the commission outside a private session that the bill treats as protected if the commission keeps it confidential. to the Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. outside private sessions get the same privacy protections as if they had spoken in a private sessionA closed royal commission session where people can tell their story under stronger confidentiality rules than in a public hearing..
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The protection covers identified people’s stories about suicide, suicidal thoughts, poor mental health, and harmful Defence policies or practices that may have contributed to those outcomes.
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Protected information cannot be used as evidence against a person in civil or criminal court proceedings.
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Unauthorised use or release of protected information becomes a criminal offence.
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Protected information is kept out of Freedom of InformationThe public access process that normally lets people ask for government documents, but which the bill blocks for covered commission material after the final report is handed down. requests made from the day the Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. gives its final report to the Governor-GeneralThe official who receives the commission's final report, which is the trigger point for the bill's FOI protection rule..
Show source excerpts
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Information provided to the Defence and Veteran Suicide Royal Commission, which includes members of staff supporting the Commission, outside private sessions will be accorded the same confidentiality as material obtained for the purposes of private sessions, both during the course of the Defence and Veteran Suicide Royal Commission’s inquiry and after it concludes.
Royal Commissions Amendment (Enhancing Engagement) explanatory memorandum -
The amendments in the Bill will apply limitations on the use and disclosure of certain information individuals provide to the Defence and Veteran Suicide Royal Commission outside of a private session, about their own, or others’, experiences of suicide, suicidality, poor mental health as ADF members or veterans, or their own, or another’s, experiences of systemic issues related to any period of ADF pre-service, service, transition, separation and post-service that contributed, or may have contributed, to a person’s suicide, suicidality or poor mental health. The information must have been given for purposes other than a private session, identify the relevant individual and the Defence and Veteran Suicide Royal Commission must have treated the information as confidential all times after receiving it.
Royal Commissions Amendment (Enhancing Engagement) explanatory memorandum -
information to which the protections apply will not be admissible in evidence against a natural person in any civil or criminal proceedings in any Commonwealth, state or territory court
Minister's second reading speech -
it will be a criminal offence to use or disclose the information in an unauthorised manner
Minister's second reading speech -
(a) a request for access, made under section 15 of that Act, that is received on or after the day the final report of the Defence and Veteran Suicide Royal Commission is submitted to the Governor‑General;
Royal Commissions Amendment (Enhancing Engagement) as-passed bill text
Context
Broader context for this bill
Before this bill, the Royal Commissions Act gave strong confidentiality protections to private sessions, but the Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. said sensitive accounts provided through submissions, phone interviews and other confidential channels outside private sessions were not covered the same way. After the commission’s interim reportThe commission report that identified the gap in secrecy protections and pushed for the bill's new confidentiality rules. on 11 August 2022 warned that this gap was discouraging especially serving ADFAustralia's military, whose serving and former members are the main people this bill aims to protect when they speak to the commission. members from speaking because they feared career harm, Parliament passed the bill in March 2023 and it became law in April, extending private-session style protections, including later FOIThe public access process that normally lets people ask for government documents, but which the bill blocks for covered commission material after the final report is handed down. exclusion, to qualifying confidential material already given to the commission.
- 11 Aug 2022
Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. tables interim reportThe commission report that identified the gap in secrecy protections and pushed for the bill's new confidentiality rules.
The interim reportThe commission report that identified the gap in secrecy protections and pushed for the bill's new confidentiality rules. recommended a new protection model because existing secrecy rules did not adequately cover confidential informationSensitive material given to the commission outside a private session that the bill treats as protected if the commission keeps it confidential. given outside private sessions and some serving members feared disclosures could damage their careers.
Royal Commissions Amendment (Enhancing Engagement) explanatory memorandum ↗ - 15 Feb 2023
Government introduces the bill
The bill was introduced to give certain confidential informationSensitive material given to the commission outside a private session that the bill treats as protected if the commission keeps it confidential. provided outside private sessions the same protections against misuse, disclosure and court use that already applied to private-session material.
Parliamentary timeline ↗ - 30 Mar 2023
Parliament passes the bill
Both houses passed the bill, locking in new protections for identified accounts about suicide, suicidality, poor mental health and harmful Defence-related systemic issues that the commission had treated as confidential.
Parliamentary timeline ↗ - 11 Apr 2023
Royal Assent makes the protections law
Royal Assent turned the bill into an Act, applying the protections to qualifying information already given to the commission and ensuring protected records would also be exempt from FOIThe public access process that normally lets people ask for government documents, but which the bill blocks for covered commission material after the final report is handed down. requests once the final report was submitted.
Parliamentary timeline ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 15 Feb 2023
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 15 Feb 2023
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Sent to Federation Chamber for debate 07 Mar 2023
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
Federation Chamber debate 07 Mar 2023
The bill reached this recorded parliamentary step.
Second reading debate
House second reading agreed 08 Mar 2023
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Returned from Federation Chamber 08 Mar 2023
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
House third reading agreed 08 Mar 2023
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Introduced 09 Mar 2023
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 09 Mar 2023
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Senate second reading agreed 30 Mar 2023
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Senate third reading agreed 30 Mar 2023
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Passed both houses 30 Mar 2023
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
Assent 11 Apr 2023
The Governor-GeneralThe official who receives the commission's final report, which is the trigger point for the bill's FOI protection rule. gave Royal Assent, turning the bill into an Act.
Key criticism
The main case against this bill
No significant public case against this bill is recorded so far, with debate presenting it as a narrow drafting change to protect highly sensitive evidence given to the Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information.. Across the speeches provided, no party represented in the debate opposed the bill or identified a concrete harm it would cause.
Criticism appears minimal because the bill was treated as a targeted privacy safeguard rather than a broader policy shift.
Votes
Recorded votes
How the bill itself passed
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
Passed House passed the bill
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
House passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed Senate passed the bill
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
Senate passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Lead supporting voice Supports
Julian Leeser
Leeser says the coalition supports the bill because it will improve privacy protections for people engaging with the defence and veteran suicide royal commissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. and help more people come forward with sensitive information.
Read in Hansard ↗ Lead voice Supports
Matt Keogh
Keogh supports the bill and says it should pass quickly because it gives defence and veteran suicide royal commissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. witnesses stronger confidentiality protections, encouraging more people to give evidence.
Read in Hansard ↗ Lead voice Supports
Jenny Ware
Jenny Ware supports the bill and says it is a sensible, necessary and proportionate measure that extends confidentiality protections for information given to the Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. so people will feel safe to speak openly.
Read in Hansard ↗All speeches by bloc
Labor
3 speakers · 4 contributions · 3 support
Labor
3 speakers · 4 contributions · 3 support
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Mark Dreyfus ★ 2 contributions Dreyfus supports the bill and says it should be passed quickly because it will give people greater confidence to share sensitive information with the royal commission.
Hansard records 2 separate contributions by Mark Dreyfus on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Dreyfus supports the bill and says it should be passed quickly because it will give people greater confidence to share sensitive information with the royal commission. He argues the new confidentiality protections are needed to improve engagement and help the commission make better findings and recommendations.
“The government agrees that these protections should be legislated as a matter of priority. This is why the government has introduced this bill.”
Read this contribution in Hansard ↗Second reading speech
Dreyfus says the government supports the bill because it will give people greater confidence to provide information to the Royal Commission into Defence and Veteran SuicideThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information.. He says the extra confidentiality protections are needed so more serving and ex-serving ADFAustralia's military, whose serving and former members are the main people this bill aims to protect when they speak to the commission. members and their families will come forward with their experiences.
“While existing confidentiality protections in the Royal Commissions Act 1902 are strong, we recognise the royal commission's recommendation that extending these protections would give people greater confidence in sharing information with the royal commission. The new confidentiality protections being introduced by this bill will ensure there is greater ability for sensitive personal information to be protected both during the royal commission's inquiries and after it has concluded.”
Read this contribution in Hansard ↗ -
Matt Keogh ★ Keogh supports the bill and says it should pass quickly because it gives defence and veteran suicide royal commissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. witnesses stronger confidentiality protections, encouraging more people to give evidence.
“We've worked quickly to bring this bill to the parliament because there is no time to waste. It is incumbent on each of us in this place to pass this bill as soon as possible. That will allow time for the royal commission to then receive and adequately consider submissions of those who are waiting to provide evidence once these additional protections are implemented. I encourage anyone who has information to give to, please, come forward to give evidence publicly or in a private session. The royal commission wants to hear from you, and the nation needs it to hear from you.”
Read the full speech in Hansard ↗ -
Carina Garland Garland supports the bill and says it is urgent because it gives people who speak to the Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. strong confidentiality protections.
“I'm really pleased that we are getting on with the work of implementing the recommendations from that interim report and that we see this as a matter of urgency. I'm really pleased to support this bill today.”
Read the full speech in Hansard ↗
Coalition
2 speakers · 2 support
Coalition
2 speakers · 2 support
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Julian Leeser ★ Leeser says the coalition supports the bill because it will improve privacy protections for people engaging with the defence and veteran suicide royal commissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. and help more people come forward with sensitive information.
“This bill implements one of the recommendations from that interim report, and it's designed to improve the functioning of the royal commission. This is a small but important change, and we welcome the government introducing this bill.”
Read the full speech in Hansard ↗ -
Jenny Ware ★ Jenny Ware supports the bill and says it is a sensible, necessary and proportionate measure that extends confidentiality protections for information given to the Defence and Veteran Suicide Royal CommissionThe inquiry the bill is designed to support by giving people stronger confidentiality protections when they share sensitive information. so people will feel safe to speak openly.
“To conclude, this bill sets out safeguards that are necessary, reasonable and proportionate and are sufficiently narrow so as to remain consistent with the right to freedom of expression. For all of the reasons set out, I commend this bill to the House, to enable the Royal Commission into Defence and Veteran Suicide to continue its very important work.”
Read the full speech in Hansard ↗
Record
Full record
- Act title
- Royal Commissions Amendment (Enhancing Engagement) Act 2023
- Act number
- Act No. 13, 2023
- Became law
- 11 Apr 2023
- Takes effect
- The whole of this Act 12 Apr 2023
- Registered
- 12 Apr 2023
- Administered by
- Attorney-General's Department
- Final law metadata was collected from the APH progress table; commencement rows were parsed from the bill text.
- Status
- Act -- Collected from the APH bill page.
- Originating house
- House of Representatives
- 15 Feb 2023
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 15 Feb 2023
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 07 Mar 2023
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
- 07 Mar 2023
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 08 Mar 2023
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 08 Mar 2023
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
- 08 Mar 2023
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 09 Mar 2023
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 09 Mar 2023
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 30 Mar 2023
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 30 Mar 2023
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 30 Mar 2023
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
- 11 Apr 2023
Assent · Assent
Assent
The Governor-GeneralThe official who receives the commission's final report, which is the trigger point for the bill's FOI protection rule. gave Royal Assent, turning the bill into an Act.