Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Regional Development) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

Royal Commissions are the highest form of independent inquiry in Australia, and as such, it is important they have strong powers and immunities available to complete their work.

Accordingly, this Bill will establish a framework for Royal Commissions to receive and handle operationally sensitive and intelligence information.

The framework will be an enduring one and will be available to Royal Commissions prescribed by regulations.

Right now, the Royal Commission on Antisemitism and Social Cohesion is examining critical matters related to national security, intelligence operations, and law enforcement.

To investigate and report on these matters of national importance, it is necessary for the Royal Commission to have access to complete and candid information.

Potential witnesses who wish to voluntarily provide relevant information to the Royal Commission should be supported to do so within an appropriate framework—without the concern that they may be breaking other laws by cooperating.

The Parliament needs to support them to tell the Royal Commission what it needs to know.

The Royal Commissions Legislation Amendment (Protections for Providing Information) Bill 2026 strengthens this essential flow of information.

It ensures that people can assist this and future Royal Commissions with clarity and confidence, and without fear of penalty.

Current challenges

Secrecy offences play an important role in protecting our national security and other critical national interests.

But currently, secrecy provisions across Commonwealth legislation, especially those relating to intelligence and law enforcement, may deter people from sharing information that is essential to the Royal Commission's work.

Uncertainty about the application of secrecy offences—which can carry significant criminal penalties—can deter potential witnesses and have a chilling effect on evidence.

There is a clear and pressing need to ensure that all people, including current and former officials and members of the community, can assist a Royal Commission freely and without fear of prosecution.

The framework in the Bill delivers that certainty.

This Bill is in two parts. Firstly, the Bill amends the Royal Commissions Act to:

The Bill also amends the Criminal Code to introduce a new defence to general Commonwealth secrecy offences, where the person provided the information to a Royal Commission. This new defence will apply to this current and all future Royal Commissions.

Protection from liability

The Billcreates a clear, safe pathway for the disclosure of intelligence information and operationally sensitive information to the Royal Commission on Antisemitism and Social Cohesion.

The amendments to the Royal Commissions Act provide immunity from secrecy offences where a person discloses intelligence information or operationally sensitive information, in accordance with an approved arrangement.

The relevant arrangements will be agreed between the Royal Commission and the Commonwealth. They will govern how information is obtained, stored, used and disclosed, and will be publicly available. Where a person follows the processes set out in these arrangements, the immunity will be available.

This ensures intelligence and operationally sensitive information is handled safely, while enabling the Commission to carry out its statutory functions.

In addition to the immunity from secrecy offences, the Bill provides further safeguards for someone who brings information forward.

The Bill prevents both the information itself, and the fact that a person provided it, from being admitted as evidence against that person in civil or criminal proceedings relating to secrecy offences.

This complements existing protections in the Act for witnesses, and reiterates the important principle that people should not face prosecution for coming forward to a Royal Commission.

Reasonable excuse

At present, some individuals may rely on secrecy provisions to decline to provide documents or information where a Royal Commission requires it.

The Bill amends the Royal Commissions Act to ensure secrecy provisions cannot be used as a reason to refuse to comply with a requirement to provide evidence from the Royal Commission on Antisemitism and Social Cohesion.

This new rule will apply to intelligence and operationally sensitive information subject to an arrangement between the Royal Commission and the Commonwealth.

Defence in the Criminal Code Act 1995

The Bill also makes complementary amendments to the Criminal Code, which will apply to this and future Royal Commissions.

The Bill creates a defence to general secrecy offences, where a person communicates or deals with relevant information for the purpose of communicating it to a Royal Commission.

This amendment implements recommendation 6 of the interim report of the Royal Commission into Defence and Veteran Suicide, and part of recommendation 7 of the Attorney-General's Department's 2023 Review of Commonwealth Secrecy Provisions.

This amendment also treats Royal Commissions in the same way as courts, tribunals and integrity agencies, which attract similar defences in the Criminal Code.

Purpose of the protections

These new protections are carefully calibrated.

They do not shield individuals from liability for other criminal conduct, nor do they enable improper disclosure of sensitive information outside the Royal Commission's remit, or outside of mutually agreed processes for that information to be provided.

The amendments are balanced to ensure that those who come forward to share information in good faith and in accordance with established processes, whether voluntarily or under compulsion, are not exposed to criminal liability for doing so.

Conclusion

The Royal Commissions Legislation Amendment (Protections for Providing Information) Bill 2026 establishes an important framework for Royal Commissions to receive and handle operationally sensitive and intelligence information.

It will provide certainty for people who hold such information about the process for providing it to support the Royal Commission's important work, and extend clear protections and immunities to them.

I commend the Bill to the Chamber.

Debate adjourned.