This bill became law on Sep 28th, 2023.
Government & democracy
Royal Commissions can use suitably qualified senior staff to run private sessions, which can let more people share sensitive experiences without waiting for a Commissioner to do every session.
Only Commissioners could run private sessions, creating resourcing and cost pressures that limited flexibility and could slow sensitive sessions. The bill lets a ChairThe leading member of a multi-member Royal Commission who can authorise staff to hold private sessions under this bill. or sole CommissionerA Royal Commission that has just one commissioner, who can authorise an Assistant Commissioner to run private sessions. authorise suitably senior staff to run those sessions, with limits and legal protections.
Before this bill, royal commissions could hold private sessions for people sharing highly sensitive experiences, but only commissioners themselves could run them, which the explanatory memorandum said created resourcing, cost and flexibility limits. In 2023, with the Royal CommissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations. into Defence and Veteran Suicide cited in debate as the immediate driver, Parliament changed the law so suitably senior staff could be authorised to conduct those sessions, and after Royal AssentThe final step that turns a bill passed by Parliament into an Act of law. the new option applied to both current and future royal commissions.
The main criticism was not about the bill’s policy but about the government waiting too long to bring it forward, then rushing it through instead of earlier extending the royal commissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations.’s time or acting sooner. That concern was raised by Coalition speakers who still supported the bill, and no party represented in the debate opposed the measure itself.
Hon Mark Dreyfus KCA legal title for a senior barrister; here it appears in the Attorney-General's formal title on the page., MPMember of Parliament; this shows that Mark Dreyfus is a federal MP as well as the Attorney-General. introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 28 Sept 2023
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
21 days
From introduction to the latest recorded parliamentary step
Meaning
Royal Commissions can use suitably qualified senior staff to run private sessions, which can let more people share sensitive experiences without waiting for a Commissioner to do every session.
The ChairThe leading member of a multi-member Royal Commission who can authorise staff to hold private sessions under this bill. of a Royal CommissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations. or a sole CommissionerA Royal Commission that has just one commissioner, who can authorise an Assistant Commissioner to run private sessions. can appoint a Royal CommissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations. staff member in writing to hold private sessions, but only if that person is suitable and the circumstances justify it.
An Assistant CommissionerA senior Royal Commission staff member who can be authorised to run private sessions, but only for that purpose. can only be used to hold private sessions and cannot take on the wider powers or job of a Royal Commissioner.
An Assistant CommissionerA senior Royal Commission staff member who can be authorised to run private sessions, but only for that purpose. can make practical decisions about how a private sessionA closed, less formal meeting where a person can speak about sensitive experiences without a public hearing. is run, but must follow the inquiry's founding rules and any directions from the Commissioner in charge.
Assistant Commissioners get the same legal protection and immunity as a High Court judge when they hold a private sessionA closed, less formal meeting where a person can speak about sensitive experiences without a public hearing., and this change applies to Royal Commissions already running and future ones.
The provision is intended to give a Royal Commission more flexibility to conduct its inquiry. There is no limit on the number of Assistant Commissioners that can be appointed, although it is expected that an Assistant Commissioner will only be appointed in exceptional circumstances. A sole Commissioner or Chair of a Royal Commission will still need to ensure that resources are used appropriately and that the inquiry is conducted in an effective and efficient manner. The provision may enable a Royal Commission to hold more private sessions over the duration of its inquiry than it otherwise might have, and therefore allow more people to engage with a Royal Commission and have their experience heard.Royal Commissions Amendment (Private Sessions) explanatory memorandum
Proposed new subsection 6OB(2A) outlines how and when an Assistant Commissioner can be authorised to hold private sessions. It provides that the Chair of a Royal Commission or a sole Commissioner may authorise a person to be an Assistant Commissioner for the sole purpose of holding private sessions for the Royal Commission. The person must be a member of staff of the Royal Commission and the authorisation must be in writing. The subsection further provides that the Chair or a sole Commissioner of a Royal Commission can authorise a person to be an Assistant Commissioner if they consider that:Royal Commissions Amendment (Private Sessions) explanatory memorandum
The role of an Assistant Commissioner is solely to hold private sessions, as authorised in writing by the sole Commissioner or Chair of the Royal Commission. The Assistant Commissioner is not authorised to undertake any other role or to exercise any powers of a Commissioner for the Royal Commission.Royal Commissions Amendment (Private Sessions) explanatory memorandum
Proposed paragraph 6OB(5)(b) provides that an Assistant Commissioner may determine any matters relating to the conduct of a private session held under subsection 6OB(2), having regard to any directions given by the sole Commissioner and subject to the Letters Patent establishing the inquiry, and Division 3 of the Act. This amendment means, in effect, that an Assistant Commissioner will generally be able to determine any matters relating to the conduct of the private session they are holding. If they are holding a private session with the sole Commissioner or another Assistant Commissioner, they will be expected to determine any matters in consultation with the other Commissioner.Royal Commissions Amendment (Private Sessions) explanatory memorandum
An Assistant Commissioner for a Royal Commission who holds a private session for the Commission has the same protection and immunity as a Justice of the High Court.Royal Commissions Amendment (Private Sessions) Act 2023 final Act text
Context
Before this bill, royal commissions could hold private sessions for people sharing highly sensitive experiences, but only commissioners themselves could run them, which the explanatory memorandum said created resourcing, cost and flexibility limits. In 2023, with the Royal CommissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations. into Defence and Veteran Suicide cited in debate as the immediate driver, Parliament changed the law so suitably senior staff could be authorised to conduct those sessions, and after Royal AssentThe final step that turns a bill passed by Parliament into an Act of law. the new option applied to both current and future royal commissions.
Only commissioners could run private sessions
The existing law allowed private sessions for sensitive personal accounts but restricted who could conduct them to commissioners, limiting flexibility and using senior inquiry resources for every session.
Royal Commissions Amendment (Private Sessions) explanatory memorandum ↗Defence and Veteran Suicide royal commissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations. sharpens the need for change
Speakers in both chambers said the bill arose from the Royal CommissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations. into Defence and Veteran Suicide and was intended to help that inquiry hear people more efficiently in trauma-informed private sessions.
Hansard ↗Government introduces the bill to authorise assistant commissioners
The Attorney-GeneralThe government minister responsible for introducing this bill and explaining it to Parliament. introduced legislation to let a chairThe leading member of a multi-member Royal Commission who can authorise staff to hold private sessions under this bill. or sole commissionerA Royal Commission that has just one commissioner, who can authorise an Assistant Commissioner to run private sessions. appoint suitably qualified senior staff to hold private sessions when circumstances justified it.
Hansard ↗Parliament passes the bill
Both houses agreed to the bill in the same form, clearing the way for royal commissions to use assistant commissioners solely for private sessions rather than broader inquiry powers.
Parliamentary timeline ↗Royal AssentThe final step that turns a bill passed by Parliament into an Act of law. extends the new option to current and future royal commissions
Royal AssentThe final step that turns a bill passed by Parliament into an Act of law. turned the bill into law, allowing existing and future royal commissions covered by the ActThe main law this bill changes, especially the rules about who can conduct private sessions. to use authorised assistant commissioners for private sessions.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
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
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
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
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a bill passed by Parliament into an Act of law., turning the bill into an Act.
Key criticism
The main criticism was not about the bill’s policy but about the government waiting too long to bring it forward, then rushing it through instead of earlier extending the royal commissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations.’s time or acting sooner. That concern was raised by Coalition speakers who still supported the bill, and no party represented in the debate opposed the measure itself.
No significant public case against the bill itself is recorded so far.
Delayed and rushed response
Critics said the government responded too slowly to the royal commissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations.’s request, then pushed the bill through urgently, creating avoidable pressure on a time-sensitive inquiry into defence and veteran suicide.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
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 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.
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 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
Start here — lead voices
Dreyfus supports the bill and says it will give royal commissions more flexibility to use resources efficiently while still allowing people to give private, trauma-informed accounts.
Read in Hansard ↗Phillip Thompson says the coalition will support the bill because it would let assistant commissioners run private sessions for the Defence and veteran suicide royal commissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations., which he says will help victims and families tell their stories.
Read in Hansard ↗Chandler says the opposition will support the bill because it should help the defence and veteran community give evidence to the royal commissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations., but she criticises the government for delaying the response to the commission's request for more time and forcing the bill through urgently.
Read in Hansard ↗Brown supports the bill, saying it gives royal commissions more flexibility to manage private sessions efficiently while still allowing people to share sensitive experiences in a trauma-informed setting.
Read in Hansard ↗All speeches by bloc
4 speakers · 6 contributions · 4 support
Hansard records 2 separate contributions by Mark Dreyfus, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Dreyfus supports the bill and says it will give royal commissions more flexibility to use resources efficiently while still allowing people to give private, trauma-informed accounts. He argues the change is narrowly limited to private sessions and will help more people participate.
“This bill will provide more flexibility to royal commissions to conduct their inquiry and ensure resources are used appropriately and that the inquiry is conducted in an effective and efficient manner, while ensuring that individuals who wish to participate in private sessions in a less formal and trauma informed setting are able to do so. I commend the bill to the House.”Read this contribution in Hansard ↗
Second reading speech
Dreyfus supports the bill, saying it will give royal commissions more flexibility to run private sessions and help more people share their evidence in the way they are most comfortable. He points to the Defence and Veteran Suicide royal commissionA formal public inquiry with strong legal powers to investigate a serious issue and make findings and recommendations.’s support for the change and its need to finish its work on time.
“In conclusion, this bill will provide more flexibility to royal commissions to conduct their inquiries, enabling more people to tell their story in a private session. It will also ensure that individuals who wish to participate in private sessions can do so with a person with whom they feel most comfortable to share their experience.”Read this contribution in Hansard ↗
Hansard records 2 separate contributions by Carol Brown, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Brown supports the bill, saying it gives royal commissions more flexibility to manage private sessions efficiently while still allowing people to share sensitive experiences in a trauma-informed setting.
“This Bill will provide more flexibility to royal commissions to conduct their inquiry, and ensure resources are used appropriately and that the inquiry is conducted in an effective and efficient manner, while ensuring that individuals who wish to participate in private sessions in a less formal and trauma-informed setting are able to do so.”Read this contribution in Hansard ↗
Second reading speech
Brown supports the bill, saying it will give royal commissions more flexibility to hold private sessions and help more people share their experiences with someone they feel comfortable לדבר?
“This bill will provide more flexibility to royal commissions to conduct their inquiry, enabling more people to tell their stories in private session. It will also ensure that individuals who wish to participate in private sessions can do so with a person with whom they feel most comfortable sharing their experience. I commend the bill to the Senate.”Read this contribution in Hansard ↗
“The Australian community expects an effective and expeditious inquiry into the systemic issues relating to defence and veteran death by suicide. If these amendments are not passed by 2023 spring settings, the Royal Commission into Defence and Veteran Suicide risks being able to hold all remaining registered private sessions before its final reporting day. In the circumstances, it's important. I commend the bill to the House.”Read the full speech in Hansard ↗
“We support the work of this royal commission. The bill before us today will enable that important work to continue effectively and for the royal commission to still report in June next year. I commend the bill.”Read the full speech in Hansard ↗
2 speakers · 2 support
“The royal commission has a very important job, and the reason that we are supporting this bill is that we support having an assistant commissioner who can work in the private sessions. Every veteran's voice, every family member's voice and the voice of anyone who has been involved in this space who cares for our people or who has been touched by suicide, suicide ideation or poor mental health is so important.”Read the full speech in Hansard ↗
“We in the opposition will take a different approach. We will let the record show that we support this bill, but we also would have supported the extension of time requested by the commission. We would do so because, as I said in my initial remarks on this bill, we recognise that it is veterans and their families who must come first. I certainly hope that this bill does the good that it is intended to do. As I said on behalf of the opposition, we will be supporting this bill today. I do commend it to the Senate.”Read the full speech in Hansard ↗
Record
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.
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.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
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.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
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.
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.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
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.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a bill passed by Parliament into an Act of law., turning the bill into an Act.
