Disability Royal Commission
Senator VAN: I understand that individuals are concerned about their information being protected after the inquiry. Is that correct?
Mr Cronan: That is correct.
Senator VAN: Is it also true that the bill's protections will be in place by the inquiry's conclusion? Is that also correct?
Mr Cronan: That's really a matter for the parliament to determine.
Senator VAN: Good point. And it's public that the government has introduced the bill, which you've just acknowledged.
Mr Cronan: That's correct.
Senator VAN: Would you agree that there are already a number of ways that the DRC can protect participants' identities and private information?
Mr Cronan: That is also correct, under the existing provisions within the Royal Commissions Act.
Senator VAN: Just to be a bit more specific, it can hold private sessions, use pseudonyms or make non-publication orders that would survive the royal commission. Is that also correct?
Mr Cronan: I think that's probably a question best asked of the department. Our concern is, 'Will it survive during the life of the royal commission?' and certainly all of those matters you've mentioned provide a range of protections for persons during the life of the royal commission. The department is probably best placed, given they would need to deal with the records of the royal commission once it concludes, to answer the question in relation to what happens after the royal commission.
Senator VAN: Does the department want to have a go at that?
Mr Manning: As the official secretary said, at the completion of the royal commission the record's transferred to the department for safekeeping and to handle any access. There was evidence earlier in the day that there are already protections for records when an inquiry ends. For example, if there were a legal dispute and one of the parties of that legal dispute wanted to subpoena records, they could not subpoena a private session record. Likewise, whilst the Freedom of Information Act applies, there are common exemptions to freedom of information—for example, in relation to personal privacy. If there had been a 'do not publish' order, for example, that would be another factor relevant to exemptions under the Freedom of Information Act. I'll check whether there are any other aspects Ms Byng wants to address.
Ms Byng: I would just confirm that there are specific provisions under the FOI regime that mean that production is exempt of documents that attract a non-publication direction made by the royal commission. That's in section 46 of that act.
Senator VAN: This might go to your official secretary or to the department. Have any additional resources been offered to the commission, should they need them?
Mr Anderson: The royal commission hasn't requested any additional resources, but there have been discussions where it's been put to the royal commission that if they do require additional resources, in order to complete their work, they should ask for that.
CHAIR: Thank you very much Senator Van.
Full transcript here.
