Commonwealth: Royal Commissions Act 1902 (Cth)

Royal Commissions Act 1902 No. 12, 1902 Compilation No. 23 Compilation date: 11 December 2024 Includes amendments: Act No. 115, 2024 About this compilation This compilation This is a compilation of the Royal Commissions Act 1902 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 1A Power to issue Royal Commission 1B Definitions 1C Application of the Criminal Code Part 2—Hearings and coercive and other powers of Royal Commissions 2 Power to summon witnesses and take evidence 3 Failure of witnesses to attend, produce documents or give information or statements 4 Search warrants 5 Application by telephone for search warrants 6 Penalty for refusing to be sworn or to give evidence 6AA Legal professional privilege 6AB Offences relating to claims for legal professional privilege 6A Self incrimination 6B Arrest of witness failing to appear 6C Acts or omissions on different days to constitute separate offences 6D Rights of witness 6DD Statements made by witness not admissible in evidence against the witness 6F Power of Commission in relation to documents and other things 6FA Examination of witnesses by counsel etc. 6G Witness to be paid expenses Part 3—Offences 6H False or misleading evidence 6I Bribery of witness 6J Fraud on witness 6K Destroying documents or other things 6L Preventing witness from attending 6M Injury to witness 6N Dismissal by employers of witness 6O Contempt of Royal Commission Part 4—Private sessions for certain Royal Commissions Division 1—Preliminary 6OA Definitions 6OAB Royal Commissions to which this Part applies Division 2—Private sessions 6OB Power to hold private sessions 6OC Status of private sessions etc. 6OE Certain statements made and documents produced etc. not admissible in evidence 6OEA Protection of Assistant Commissioners 6OF Protection of those who appear, or are authorised to be present, at a private session Division 3—Privacy in relation to private sessions 6OG Privacy of private sessions 6OH Offence for unauthorised use or disclosure of information given at a private session etc. 6OJ Inclusion of information in reports and recommendations 6OK Defence for disclosure to person who provided the information 6OL No other exceptions under other laws 6OM Relationship with the Archives Act 1983 6ON Protection of certain information given to the Child Sexual Abuse Royal Commission 6OP Protection of certain information given to the Disability Royal Commission 6OQ Protection of certain information given to the Defence and Veteran Suicide Royal Commission Part 5—Miscellaneous 6P Commission may communicate information 7 Protection to Commissioners etc. 7AA Commission may have concurrent functions and powers under State laws 7A Effect of Royal Commissioner having authority to inquire under foreign law 7B Commission may take evidence outside Australia 7C Statements made by witness not admissible in evidence against the witness 7D Certain evidence before a State Commission inadmissible in Commonwealth proceedings 8 Allowances to witnesses 9 Custody and use of records of Royal Commission 10 Institution of proceedings in respect of other offences 15 Costs 16 Evidence of issue of Commission etc. 17 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to Royal Commissions Part 1—Preliminary 1 Short title This Act may be cited as the Royal Commissions Act 1902. 1A Power to issue Royal Commission Without in any way prejudicing, limiting, or derogating from the power of the Sovereign, or of the Governor‑General, to make or authorise any inquiry, or to issue any commission to make any inquiry, it is hereby enacted and declared that the Governor‑General may, by Letters Patent in the name of the Sovereign, issue such commissions, directed to such person or persons, as he or she thinks fit, requiring or authorising him or her or them or any of them to make inquiry into and report upon any matter specified in the Letters Patent, and which relates to or is connected with the peace, order, and good government of the Commonwealth, or any public purpose or any power of the Commonwealth. 1B Definitions (1) In this Act, unless the contrary intention appears: authorised member hearing means a hearing of a Commission that is held as referred to in subsection 2(1A). 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; (c) in relation to a sole Commissioner—the Commissioner. document includes any book, register or other record of information, however compiled, recorded or stored. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967. legal practitioner means a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory. member, in relation to a Commission, means: (a) in the case of a Commission constituted by one person—that person; or (b) in the case of a Commission constituted by 2 or more persons—each of those persons. member of the staff, of a Royal Commission, means any of the following: (a) an APS employee who performs functions or duties relating to, or for the purposes of, the Commission; (b) a person engaged by, or on behalf of, the Commonwealth as a contractor to perform functions or duties relating to, or for the purposes of, the Commission; (c) a person who: (i) is engaged, or employed, by a person to whom paragraph (b) or this paragraph applies; and (ii) performs functions or duties for the Commission in connection with that engagement or employment; (d) a person who: (i) is a legal practitioner appointed by the Attorney‑General to assist the Commission; or (ii) is appointed or otherwise engaged by, or on behalf of, the Commonwealth to assist the Commission as counsel. reasonable excuse means: (a) in relation to any act or omission by a witness before a Commission—an excuse which would excuse an act or omission of a similar nature by a witness before a court of law; or (b) in relation to any act or omission by a person summoned as a witness before a Commission—an excuse which would excuse an act or omission of a similar nature by a person summoned as a witness before a court of law; or (c) in relation to any act or omission by a person served with a notice under subsection 2(3A) or (3C) or 6AA(3)—an excuse which would excuse an act or omission of a similar nature by a person served with a subpoena in connection with a proceeding before a court of law. relevant Commission means a Commission established by Letters Patent that declare that the Commission is a relevant Commission for the purposes of the provision in which the expression appears. (2) In this Act, unless the contrary intention appears: (a) a reference to a requirement to produce a document includes a reference to a requirement to produce a part of the document; and (b) a reference to refusal or failure to produce a document includes: (i) if production of the whole of the document is required—a reference to refusal or failure to produce a part of the document; and (ii) if production of a part of the document is required—a reference to refusal or failure to produce a part of that part of the document. (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. 1C Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part 2—Hearings and coercive and other powers of Royal Commissions 2 Power to summon witnesses and take evidence (1) A member of a Commission may summon a person to appear before the Commission at a hearing to do either or both of the following: (a) to give evidence; (b) to produce the documents, or other things, specified in the summons. (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. (2) The member of a Commission presiding at a hearing of the Commission may require a person appearing at the hearing to produce a document or other thing. (3) A Commission may, at a hearing, take evidence on oath or affirmation and for that purpose: (a) a member of the Commission may require a person appearing at the hearing to give evidence either to take an oath or to make an affirmation in a form approved by the member of the Commission presiding at the hearing; and (b) a member of the Commission, or a person who is an authorised person in relation to the Commission, may administer an oath or affirmation to a person so appearing at the hearing. (3A) A member of a Commission may, by written notice served (as prescribed) on a person, require the person to produce a document or thing specified in the notice to a person, and at the time and place, specified in the notice. (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). (3C) A member of a Commission may, by written notice served (as prescribed) on a person, require the person to give information, or a statement, in writing to a person by the time, and at the place or in the manner, specified in the notice. (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 (c) in relation to a sole Commissioner—the Commissioner. (5) For the purposes of sections 3, 6AA and 6AB, the power of a member of a Commission under this section to require or summon a person to produce a document includes the power to require or summon the person to produce a document that is subject to legal professional privilege. Note: Under section 6AA, legal professional privilege might still be a reasonable excuse for refusing or failing to produce the document. 3 Failure of witnesses to attend, produce documents or give information or statements Failure to attend (1) A person served, as prescribed, with a summons to appear as a witness at a hearing before a Commission shall not: (a) fail to attend as required by the summons; or (b) fail to attend from day to day unless excused, or released from further attendance, by a member of the Commission. Penalty: Imprisonment for 2 years. (1B) Subsection (1) does not apply if the person has a reasonable excuse. Failure of witness to produce document or thing (2) A person appearing as a witness at a hearing before a Commission shall not fail to produce a document or other thing that the person was required to produce by a summons under this Act served on him or her as prescribed or that the person was required to produce by the member of the Commission presiding at the hearing. Penalty: Imprisonment for 2 years. (2B) Subsection (2) does not apply if the person has a reasonable excuse. (3) It is a defence to a prosecution for an offence against subsection (2) constituted by a failure to produce a document or other thing to a Commission if the document or other thing was not relevant to the matters into which the Commission was inquiring. Note: A defendant bears an evidential burden in relation to the matters in subsections (1B), (2B) and (3) (see subsection 13.3(3) of the Criminal Code). Failure to produce document or thing as required by notice (4) A person served with a notice under subsection 2(3A) must not refuse or fail to produce a document or other thing that the person was required to produce in accordance with the notice. Penalty: Imprisonment for 2 years. (5) Subsection (4) does not apply if the person has a reasonable excuse. (6) It is a defence to a prosecution for an offence against subsection (4) constituted by a refusal or failure to produce a document or other thing if the document or other thing was not relevant to the matters into which the Commission was inquiring. Note: A defendant bears an evidential burden in relation to the matters in subsections (5) and (6) (see subsection 13.3(3) of the Criminal Code). Failure to give information or statement as required by notice (6A) A person served with a notice under subsection 2(3C) must not refuse or fail to give information or a statement that the person was required to give in accordance with the notice. Penalty: Imprisonment for 2 years. (6B) Subsection (6A) does not apply if the person has a reasonable excuse. (6C) It is a defence to a prosecution for an offence against subsection (6A) constituted by a refusal or failure to give information or a statement if the information or statement was not relevant to the matters into which the Commission was inquiring. Note: A defendant bears an evidential burden in relation to the matters in subsections (6B) and (6C) (see subsection 13.3(3) of the Criminal Code). Matters into which Commission was inquiring (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. 4 Search warrants (1A) A relevant Commission may authorise: (a) a member of the relevant Commission; or (b) a member of the Australian Federal Police, or of the Police Force of a State or Territory, who is assisting the relevant Commission; to apply for search warrants under subsection (3) in relation to matters into which the relevant Commission is inquiring. The authorisation must be in writing. (1) Where: (a) a relevant Commission, or a person authorised by a relevant Commission under subsection (1A), has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, upon any land or upon or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a matter into which the relevant Commission is inquiring (in this section referred to as things of the relevant kind); and (b) the relevant Commission, or the person, believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed; the relevant Commission, or the person, may apply to a Judge of a prescribed court for the issue of a search warrant under subsection (3). (3) Where an application under subsection (1) is made to a Judge of a prescribed court, the Judge may, if he or she is satisfied that there are reasonable grounds for issuing the warrant, issue a search warrant authorising a member of the Australian Federal Police or of the Police Force of a State or of the Northern Territory, or any other person, named in the warrant, with such assistance as the member or person thinks necessary and if necessary by force: (a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle; (b) to search the land, premises, vessel, aircraft or vehicle for things of the relevant kind; and (c) to seize any things of the relevant kind found upon the land or upon or in the premises, vessel, aircraft or vehicle and deliver things so seized to the relevant Commission. (4) There shall be stated in a warrant issued under this section: (a) a statement of the purpose for which the warrant is issued, which shall include a reference to the matter into which the relevant Commission is inquiring and with which the things of the relevant kind are connected; (b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; (c) a description of the kind of things authorised to be seized; and (d) a date, not being later than one month after the date of issue of the warrant, upon which the warrant ceases to have effect. (5) If, in the course of searching, in accordance with a warrant issued under this section, for things of a particular kind connected with a matter into which a relevant Commission is inquiring, the person executing the warrant finds: (a) any thing of another kind that he or she believes on reasonable grounds to be connected with that matter; or (b) any thing that he or she believes on reasonable grounds to be connected with another matter into which the relevant Commission is inquiring; and he or she believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss, mutilation or destruction, the warrant shall be deemed to authorise the person to seize that thing. (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. (6) A reference in this section to a Judge of a prescribed court shall be construed as a reference to: (a) a Judge of the Federal Court of Australia; or (b) a Judge of a court of a State or Territory (other than a Judge, or an acting Judge, of the Local Court of the Northern Territory). (7) In this section, thing includes a document. 5 Application by telephone for search warrants (1) An application for a search warrant under subsection 4(1) may be made by telephone if the applicant for the warrant considers it necessary to do so because of circumstances of urgency. (2) Where a Judge issues a search warrant upon an application made by telephone, the Judge shall: (a) complete and sign that warrant; (b) inform the applicant of the terms of the warrant and the date on which and the time at which it was signed; and (c) forward a copy of the warrant to the applicant. (3) Where a search warrant is issued upon an application made by telephone, a member of the relevant Commission, a member of the staff of the relevant Commission mentioned in paragraph (d) of the definition of member of the staff in subsection 1B(1) or a member of the Australian Federal Police or of the Police Force of a State may complete a form of warrant in the terms indicated by a Judge under subsection (2). (4) A form of warrant duly completed in accordance with subsection (3) shall be deemed to be a warrant issued under section 4. 6 Penalty for refusing to be sworn or to give evidence If any person appearing as a witness before the Commission refuses to be sworn or to make an affirmation or to answer any question relevant to the inquiry put to him or her by any of the Commissioners, the person commits an offence. Penalty: Imprisonment for 2 years. 6AA Legal professional privilege (1) It is not a reasonable excuse for the purposes of subsection 3(2B) or (5) for a person to refuse or fail to produce a document that the document is subject to legal professional privilege, unless: (a) a court has found the document (or the relevant part of the document) to be subject to legal professional privilege; or (b) a claim that the document (or the relevant part of the document) is subject to legal professional privilege has been made, to the member of the Commission who required production of the document: (i) within the time that the member of the Commission, in requiring production of the document, allowed for its production; or (ii) within such further time as the member of the Commission allows for production of the document. (2) If such a claim is made, the member of the Commission who required production of the document may decide whether to accept or reject the claim. (3) The member of the Commission may, by written notice served (as prescribed) on a person, require the person to produce the document for inspection (by the member of the Commission or a person authorised by the member of the Commission) for the purpose of deciding whether to accept or reject the claim. (4) If the document has been produced for inspection and the member of the Commission decides to accept the claim, the Commission must: (a) return the document to the person; and (b) disregard, for the purposes of any report or decision that the Commission makes: (i) if the claim is accepted in relation to the whole document—the whole document; or (ii) if the claim is accepted in relation to a part of the document—that part of the document. (5) If the document has been produced for inspection and the member of the Commission decides to reject the claim, the Commission may use the document for the purposes of the inquiry. (6) Without limiting subsections (3) and (5), the powers of a member of a Commission, or a Commission, under section 2 apply, by force of this subsection, in relation to deciding whether to accept or reject the claim. 6AB Offences relating to claims for legal professional privilege (1) A person commits an offence if: (a) the person had refused or failed to produce a document as required by a member of a Commission under section 2; and (b) the member of the Commission has decided under subsection 6AA(2) to reject a claim that the document (or the relevant part of the document) is subject to legal professional privilege; and (c) the person refuses or fails to produce the document as the member of the Commission requires, after that decision, under section 2. Penalty: Imprisonment for 2 years. (2) A person commits an offence if the person refuses or fails to produce a document that the person was required under subsection 6AA(3) to produce for inspection. Penalty: Imprisonment for 2 years. (4) Subsections (1) and (2) do not apply if the person has a reasonable excuse. (5) It is not a reasonable excuse for the purposes of subsection (4) for a person to refuse or fail to produce a document that the document is subject to legal professional privilege, unless a court has found the document to be subject to legal professional privilege. (6) It is a defence to a prosecution for an offence against this section constituted by a refusal or failure to produce a document if the document was not relevant to the matters into which the Commission was inquiring. Note: A defendant bears an evidential burden in relation to the matters in subsections (4) and (6) (see subsection 13.3(3) of the Criminal Code). (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. 6A Self incrimination (1) It is not a reasonable excuse for the purposes of subsection 3(2B) or (5), or section 6AB, for a natural person to refuse or fail to produce a document or other thing on the ground that the production of the document or other thing might tend to: (a) incriminate the person; or (b) make the person liable to a penalty. (1A) It is not a reasonable excuse for the purposes of subsection 3(6B) for a natural person to refuse or fail to give information or a statement that the person is required to give under subsection 2(3C) on the ground that giving the information or statement might tend to: (a) incriminate the person; or (b) make the person liable to a penalty. (2) A natural person is not excused from answering a question that the person is required to answer by a member of a Commission on the ground that answering the question might tend to: (a) incriminate the person; or (b) make the person liable to a penalty. (3) Subsections (1), (1A) and (2) do not apply to the production of a document or other thing, the answer to a question or the giving of information or a statement if: (a) the production, answer, information or statement might tend to incriminate the person in relation to an offence; and (b) the person has been charged with that offence; and (c) the charge has not been finally dealt with by a court or otherwise disposed of. (4) Subsections (1), (1A) and (2) do not apply to the production of a document or other thing, the answer to a question or the giving of information or a statement if: (a) the production, answer, information or statement might tend to make the person liable to a penalty; and (b) proceedings in respect of the penalty have commenced; and (c) those proceedings have not been finally dealt with by a court or otherwise disposed of. 6B Arrest of witness failing to appear (1) If any person served with a summons to attend a Royal Commission as a witness fails to attend the Commission in answer to the summons, the President or Chair, or the sole Commissioner, may, on proof by statutory declaration of the service of the summons, issue a warrant for the person's apprehension. (2) The warrant shall authorise the apprehension of the witness and the witness being brought before the Commission, and the witness' detention in custody for that purpose until he or she is released by order of the President or Chair, or the sole Commissioner. (3) The warrant may be executed by any member of the Australian Federal Police or of the Police Force of a State or of the Northern Territory, or by any person to whom it is addressed, and the person executing it shall have power to break and enter any place building or vessel for the purpose of executing it. (4) The apprehension of any witness under this section shall not relieve him or her from any liability incurred by the witness by reason of his or her non‑compliance with the summons. (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. 6C Acts or omissions on different days to constitute separate offences Where any person has on any day done or omitted to do something, and the person's act or omission amounts to an offence against section 3 or 6, and does or omits to do the same thing at any hearing of the Commission held on some other day, each such act or omission shall be a separate offence. 6D Rights of witness (1) Nothing in this Act shall make it compulsory for any witness before a Royal Commission to disclose to the Commission any secret process of manufacture. (2) If any witness before a Royal Commission requests that the witness' evidence relating to a particular subject be taken in private on the ground that the evidence relates to the profits or financial position of any person, and that the taking of the evidence in public would be unfairly prejudicial to the interests of that person, the Commission may, if it thinks proper, take that evidence in private, and no person who is not expressly authorised by the Commission to be present shall be present during the taking of that evidence. (3) The Commission may, in accordance with subsection (3A), direct that: (a) any evidence given before it; or (b) the contents of any document, or a description of any thing: (i) produced before, or delivered to, the Commission; or (ii) produced under a notice under subsection 2(3A); or (iii) given under a notice under subsection 2(3C); or (c) any information that might enable a person who has given evidence before the Commission to be identified; must not be published, or must not be published except in such manner, and to such persons, as the Commission specifies. (3A) A direction under subsection (3) may be given: (a) if the direction is given at an authorised member hearing of the Commission—either by: (i) the President or Chair of the Commission (unless the President or Chair is not the member, or one of the members, of the Commission holding the hearing); or (ii) the member, or all of the members, of the Commission holding the hearing; or (b) if the Commission is constituted by 2 or more members and the direction is not given at an authorised member hearing of the Commission—either by: (i) the President or Chair of the Commission; or (ii) a majority of the members of the Commission; or (c) if the Commission is constituted by a sole Commissioner—by the sole Commissioner. (4) A person who makes any publication in contravention of any direction given under subsection (3) commits an offence punishable, upon summary conviction, by a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months. (5) This section shall be read as in aid of and not as in derogation of the Commission's general powers to order that any evidence may be taken in private. 6DD Statements made by witness not admissible in evidence against the witness (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: (i) in the course of giving evidence before a Commission; or (ii) in writing given in response to a notice under subsection 2(3C); (b) the production of a document or other thing by the person pursuant to a summons, requirement or notice under section 2 or subsection 6AA(3). (2) Subsection (1) does not apply to the admissibility of evidence in proceedings for an offence against this Act. 6F Power of Commission in relation to documents and other things (1) A Commission, a member of a Commission or a person who is an authorised person in relation to a Commission may: (a) inspect any documents or other things: (i) produced before, or delivered to, the Commission; or (ii) produced or given under a notice under subsection 2(3A) or (3C) or 6AA(3); and (b) retain the documents or other things for so long as is reasonably necessary for the purposes of the inquiry to which the documents or other things are relevant; and (c) in the case of documents: (i) produced before, or delivered to, the Commission; or (ii) produced or given under a notice under subsection 2(3A) or (3C) or 6AA(3); make copies of any documents that contain matter that is relevant to a matter into which the Commission is inquiring. (2) Where the retention of a document or other thing by a Commission ceases to be reasonably necessary for the purposes of the inquiry to which the document or other thing is relevant, the Commission shall, if a person who appears to the Commission to be entitled to the document or other thing so requests, cause the document or other thing to be delivered to that person unless the Commission has furnished the document or other thing to a person or body referred to in paragraph 6P(1)(a), (aa), (c), (d), (da) or (e) or subsection 6P(2), (2A) or (2B). (2A) Subsection (2) has effect subject to subsection 9(10). (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 (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 (c) in relation to a sole Commissioner—the Commissioner. 6FA Examination of witnesses by counsel etc. Any legal practitioner appointed by the Attorney‑General to assist a Commission, any person authorised by a Commission to appear before it, or any legal practitioner authorised by a Commission to appear before it for the purpose of representing any person, may, so far as the Commission thinks proper, examine or cross‑examine any witness on any matter which the Commission deems relevant to the inquiry, and any witness so examined or cross‑examined shall have the same protection and be subject to the same liabilities as if examined by any of the Commissioners, or by the sole Commissioner, as the case may be. 6G Witness to be paid expenses (1) Any witness appearing before a Royal Commission shall be paid a reasonable sum for the expenses of his or her attendance in accordance with the prescribed scale. (2) In the absence of a prescribed scale, the President or Chair of the Commission, or the sole Commissioner, may authorise the payment of such sum as he or she deems reasonable. Part 3—Offences 6H False or misleading evidence (1) A person shall not, at a hearing before a Commission, intentionally give evidence that the person knows to be false or misleading with respect to any matter, being a matter that is material to the inquiry being made by the Commission. (1A) A person must not, in response to a notice given to the person under subsection 2(3C) in connection with a Commission, intentionally give information or a statement that the person knows to be false or misleading with respect to any matter that is material to the inquiry being made by the Commission. (2) A contravention of subsection (1) or (1A) is an indictable offence and, subject to this section, is punishable on conviction by imprisonment for a period not exceeding 5 years or by a fine not exceeding 200 penalty units. (3) Notwithstanding that an offence against subsection (2) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent. (4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection (2), the penalty that the court may impose is a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months. (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. 6I Bribery of witness (1) Any person who: (a) gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person called or to be called as a witness before any Royal Commission shall give false testimony or withhold true testimony; or (b) attempts by any means to induce a person called or to be called as a witness before any Royal Commission to give false testimony, or to withhold true testimony; or (c) asks, receives or obtains, or agrees to receive or obtain any property or benefit of any kind for himself or herself, or any other person, upon any agreement or understanding that any person shall as a witness before any Royal Commission give false testimony or withhold true testimony; commits an indictable offence. Penalty: Imprisonment for five years. (2) Any person who: (a) gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person who is required to produce a document or other thing, or to give information or a statement, pursuant to a summons, requirement or notice under section 2 will not comply with the requirement; or (b) attempts by any means to induce any person who is required to produce a document or other thing, or to give information or a statement, pursuant to a summons, requirement or notice under section 2 not to comply with the requirement; or (c) asks, receives or obtains, or agrees to receive or obtain any property or benefit of any kind for himself or herself, or any other person, upon any agreement or understanding that any person who is required to produce a document or other thing, or to give information or a statement, pursuant to a summons, requirement or notice under section 2 will not comply with the requirement; commits an indictable offence. Penalty: Imprisonment for 5 years. 6J Fraud on witness (1) Any person who practises any fraud or deceit, or intentionally makes or exhibits any statement, representation, token, or writing, knowing it to be false, to any person called or to be called as a witness before any Royal Commission with intent to affect the testimony of that person as a witness, or to any person given or to be given a notice under subsection 2(3C) with intent to affect the information or statement the person gives in response to the notice, commits an indictable offence. Penalty: Imprisonment for two years. (2) Any person who practises any fraud or deceit, or intentionally makes or exhibits any statement, representation, token, or writing, knowing it to be false, to any person with intent that any person who is required to produce a document or other thing, or to give information or a statement, pursuant to a summons, requirement or notice under section 2 will not comply with the requirement, commits an indictable offence. Penalty: Imprisonment for 2 years. 6K Destroying documents or other things (1) A person commits an offence if: (a) the person acts or omits to act; and (b) the act or omission results in a document or other thing being: (i) concealed, mutilated or destroyed; or (ii) rendered incapable of identification; or (iii) in the case of a document, rendered illegible or indecipherable; and (c) the person knows, or is reckless as to whether, the document or thing is one that: (i) is or may be required in evidence before a Commission; or (ii) a person has been, or is likely to be, required to produce pursuant to a summons, requirement or notice under section 2. (2) An offence under subsection (1) is an indictable offence and, subject to this section, is punishable on conviction by imprisonment for a period not exceeding 2 years or by a fine not exceeding 100 penalty units. (3) Notwithstanding that an offence under subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent. (4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence under subsection (1), the penalty that the court may impose is a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months. 6L Preventing witness from attending (1) Any person who intentionally prevents any person who has been summoned to attend as a witness before any Royal Commission from attending as a witness or from producing anything in evidence pursuant to the summons to attend commits an indictable offence. Penalty: Imprisonment for one year. (2) Any person who intentionally prevents any person who is required by a notice under subsection 2(3A) or (3C) to produce a document or other thing, or to give information or a statement, from producing the document or thing, or giving the information or statement, in accordance with the notice commits an indictable offence. Penalty: Imprisonment for 1 year. 6M Injury to witness Any person who uses, causes or inflicts, any violence, punishment, damage, loss, or disadvantage to any person for or on account of: (a) the person having appeared as a witness before any Royal Commission; or (b) any evidence given by him or her before any Royal Commission; or (c) the person having produced a document or thing, or given information or a statement, pursuant to a summons, requirement or notice under section 2; commits an indictable offence. Penalty: 10 penalty units or imprisonment for 1 year. 6N Dismissal by employers of witness (1) Any employer who dismisses any employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee having: (a) appeared as a witness before a Royal Commission; or (b) given evidence before a Royal Commission; or (c) produced a document or thing, or given information or a statement, pursuant to a summons, requirement or notice under section 2; commits an indictable offence. Penalty: 10 penalty units or imprisonment for 1 year. (2) Subsection (1) does not apply if the employee was dismissed or prejudiced in his or her employment for some reason other than the reasons mentioned in subsection (1). Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code). 6O Contempt of Royal Commission (1) Any person who intentionally insults or disturbs a Royal Commission, or interrupts the proceedings of a Royal Commission, or uses any insulting language towards a Royal Commission, or by writing or speech uses words false and defamatory of a Royal Commission, or is in any manner guilty of any intentional contempt of a Royal Commission, commits an offence. Penalty: 2 penalty units or imprisonment for three months. (2) If the President or Chair of a Royal Commission or the sole Commissioner is a Justice of the High Court, or a Judge of any other Federal Court, of the Supreme Court of a Territory or of the Supreme Court or County Court or District Court of a State, he or she shall, in relation to any offence against subsection (1) of this section committed in the face of the Commission, have all the powers of a Justice of the High Court sitting in open Court in relation to a contempt committed in face of the Court, except that any punishment inflicted shall not exceed the punishment provided by subsection (1) of this section. Part 4—Private sessions for certain Royal Commissions Division 1—Preliminary 6OA Definitions (1) In this Part: Assistant Commissioner, for a Royal Commission, means a person authorised under subsection 6OB(2A) to be an Assistant Commissioner for the sole purpose of holding private sessions for the Commission. Child Sexual Abuse Royal Commission means the Royal Commission into Institutional Responses to Child Sexual Abuse issued by the Governor‑General by Letters Patent on 11 January 2013 (and including any later variations of those Letters Patent). Defence and Veteran Suicide Royal Commission means the Royal Commission into Defence and Veteran Suicide, issued by the Governor‑General by Letters Patent on 8 July 2021 (and including any later variations of those Letters Patent). defence member means a member of the Defence Force. Disability Royal Commission means the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, issued by the Governor‑General by Letters Patent on 4 April 2019 (and including any later variations of those Letters Patent). private session means a private session held under section 6OB. veteran means a person who has served, or is serving, as a member of the Permanent Forces or as a member of the Reserves. (2) In subsection (1), the following terms have the same meaning as in the Defence Act 1903: (a) Defence Force; (b) Permanent Forces; (c) Reserves. 6OAB Royal Commissions to which this Part applies This Part applies to: (a) the Child Sexual Abuse Royal Commission; and (b) any other Royal Commission prescribed by the regulations. Division 2—Private sessions 6OB Power to hold private sessions Who may hold a private session (1) If a Royal Commission is constituted by 2 or more members, the following persons may hold a private session for the Commission 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; (c) an Assistant Commissioner for the Commission. (2) If a Royal Commission is constituted by a sole Commissioner, the following persons may hold a private session for the Commission to obtain information in relation to matters into which the Commission is inquiring: (a) the sole Commissioner; (b) an Assistant Commissioner for the Commission. Assistant Commissioners (2A) The Chair of a Royal Commission or the sole Commissioner (as the case may be) may, in writing, authorise a person to be an Assistant Commissioner for the sole purpose of holding private sessions for the Commission if: (a) the person is a member of the staff of the Commission; and (b) the Chair of the Commission or the sole Commissioner (as the case may be) considers that: (i) the person has suitable qualifications and experience, and an appropriate level of seniority, to hold private sessions for the Commission; and (ii) circumstances exist that justify the person holding private sessions for the Commission. Number of persons who may hold a private session (3) A private session held under subsection (1) or (2) may be held only by one or 2 persons. Conduct of a private session (4) If a private session is held for a Royal Commission under subsection (1), any member of the Commission or Assistant Commissioner holding the private session may (subject to the Letters Patent establishing the Commission and Division 3) determine any matters relating to the conduct of the private session, having regard to any directions given by the Chair of the Commission. (5) If a private session is held for a Royal Commission under subsection (2): (a) in the case of the holding of the private session by the sole Commissioner—the sole Commissioner may (subject to the Letters Patent establishing the Commission and Division 3) determine any matters relating to the conduct of the private session; or (b) in the case of the holding of the private session by an Assistant Commissioner—the Assistant Commissioner may (subject to the Letters Patent establishing the Commission and Division 3) determine any matters relating to the conduct of the private session, having regard to any directions given by the sole Commissioner. 6OC Status of private sessions etc. (1) A person who appears at a private session for a Royal Commission: (a) is not a witness before the Commission; and (b) does not give evidence to the Commission. (2) A private session for a Royal Commission is not a hearing of the Commission. Powers of Commission and custody and use of records (3) Sections 6F (power of Commission in relation to documents and other things), 6P (Commission may communicate information) and 9 (custody and use of records of Royal Commission) apply as if information, a document, record or other thing that was: (a) obtained at a private session for a Royal Commission by a member or Assistant Commissioner holding the private session; or (b) given to a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission); were produced before, delivered or given to, or otherwise obtained or received by, the Commission. (4) Section 9 (custody and use of records of Royal Commission) also applies as if a record that was produced: (a) at a private session for a Royal Commission by a member or Assistant Commissioner holding the private session; or (b) by a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission); 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 for a Royal Commission were called or summoned, or appeared, as a witness before the Commission; and (b) any information provided, or that a person intends to provide, at a private session for a Royal Commission were testimony or evidence given at a hearing before the Commission; and (c) any document or other thing that a person produces, or intends to produce, at a private session for a Royal Commission 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 for a Royal Commission as if: (a) the person or persons holding the private session were the Commission; and (b) the private session were proceedings of the Commission. Note: Members or Assistant Commissioners can hold private sessions: see subsections 6OB(1) and (2). 6OE Certain statements made and documents produced etc. 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; (c) a statement or disclosure made by the person to a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission). (1A) The following are also 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 on behalf of the person at a private session; (b) the production of a document or other thing on behalf of the person at a private session; (c) a statement or disclosure made on behalf of the person to a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission). (2) Subsections (1) and (1A) do not apply to the admissibility of evidence in proceedings for an offence against this Act. 6OEA Protection of Assistant Commissioners 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. 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. Division 3—Privacy in relation to private sessions 6OG Privacy of private sessions A private session must be held in private, and only persons who are authorised by a member or Assistant Commissioner holding the private session may be present during the private session. 6OH Offence for unauthorised use or disclosure of information given at a private session etc. A person commits an offence if: (a) the person obtains information: (i) at a private session for a Royal Commission; or (ii) that was given at a private session for a Royal Commission; or (iii) that was given by a natural person to a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission) and identifies the person who gave the information; and (b) the person makes a record of, uses or discloses the information; and (c) none of the following applies: (i) the record, use or disclosure is for the purposes of performing functions or duties or exercising powers in relation to the Commission; (ii) the person is authorised to make the record of, or use, disclose or publish, the information in accordance with section 6OJ (inclusion of information in reports and recommendations), 6P (Commission may communicate information) or 9 (custody and use of records of Commission); (iii) in the case of information referred to in subparagraph (a)(i) or (ii)—the person makes the record of, uses or discloses the information with the consent of the person who gave the information at the private session; (iv) in the case of information referred to in subparagraph (a)(iii)—the person makes the record of, uses or discloses the information with the consent of the person who gave the information to the member, or member of the staff, of the Commission. Penalty: 20 penalty units or imprisonment for 12 months or both. Note 1: For a defence to this offence, see section 6OK. Note 2: The person who gave the information at the private session, or to the member, or member of the staff, of the Royal Commission, does not commit an offence under this section by making a record of, using or disclosing the information, because the person is not covered by paragraph (a). 6OJ Inclusion of information in reports and recommendations Information that relates to a natural person that has been obtained at a private session for a Royal Commission or that was given to a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission) may be included in a report or recommendation of the Commission only if: (a) the information is also given as evidence to the Commission or under a summons, requirement or notice under section 2; or (b) the information is de‑identified. 6OK Defence for disclosure to person who provided the information Section 6OH does not apply to a disclosure of information to the person who gave the information: (a) in the case of information referred to in subparagraph 6OH(a)(i) or (ii)—at the private session; or (b) in the case of information referred to in subparagraph 6OH(a)(iii)—to the member, or member of the staff, of the Commission. Note: A defendant bears an evidential burden in relation to the matter in this section (see subsection 13.3(3) of the Criminal Code). 6OL No other exceptions under other laws (1A) This section applies if a person obtains information: (a) at a private session for a Royal Commission; or (b) that was given at a private session for a Royal Commission; or (c) that was given by a natural person to a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission) and identifies the person who gave the information. (1) A provision of a law of the Commonwealth, a State or a Territory has no effect to the extent that it would otherwise require or authorise the person who obtains the information to make a record of, use or disclose the information if the record, use or disclosure: (a) would contravene a provision of this Division; or (b) would not be permitted by a provision of this Division. (2) Subsection (1) has effect whether the provision concerned is made before or after the commencement of this section. 6OM Relationship with the Archives Act 1983 (1) For the purposes of the Archives Act 1983, a record: (a) that contains information obtained at a private session; or (b) that relates to a private session and identifies a natural person who appeared at a private session; or (c) that contains information that was given by a natural person to a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission) and identifies the person who gave the information; is in the open access period on and after 1 January in the year that is 99 years after the calendar year that the record came into existence. (2) To avoid doubt, subsection (1) applies in relation to a record whether it came into existence before, during or after a private session (if any) was held. (3) Subsection 3(7) and section 56 of the Archives Act 1983 do not apply to a record referred to in subsection (1). 6ON Protection of certain information given to the Child Sexual Abuse Royal Commission (1) This section applies to information if: (a) the information was given by, or on behalf of, a natural person to the Child Sexual Abuse Royal Commission other than for the purposes of a private session; and (b) the information contains an account of: (i) the natural person's experiences of child sexual abuse in an institutional context; or (ii) what happened to other people regarding child sexual abuse in an institutional context; and (c) the information identifies the natural person who gave the information, or on whose behalf the information was given; and (d) the Commission indicated that the information, if given, would be treated as confidential; and (e) the information was treated as confidential by the Commission. (2) Section 6OE applies in relation to the information as if it were a statement or disclosure made by the natural person at a private session for the Commission. (3) Sections 6OH, 6OK and 6OL apply in relation to the information as if it were information given by the natural person at a private session for the Commission. (4) Section 6OM applies in relation to the information as if it were a record that contains information obtained at a private session for the Commission. 6OP Protection of certain information given to the Disability Royal Commission (1) This section applies to information if: (a) the information was given by, or on behalf of, a natural person to the Disability Royal Commission other than for the purposes of a private session; and (b) the information contains any of the following: (i) an account of the natural person's, or another person's, experiences of violence, abuse, neglect or exploitation; (ii) an account of the natural person's, or another person's, experiences of systemic violence, abuse, neglect or exploitation; and (c) the information directly or indirectly identifies the natural person who gave the information, or on whose behalf the information was given; and (d) the information was treated as confidential by the Commission at all times after being given to the Commission. (2) Section 6OE applies: (a) in all cases—in relation to the natural person who gave the information to the Commission, as if the information were a statement or disclosure made by that person at a private session for the Commission; and (b) if the information was given to the Commission on behalf of another natural person—in relation to the other natural person as if the information were a statement or disclosure made on behalf of that other person at a private session for the Commission. (3) Sections 6OH, 6OK and 6OL apply in relation to the information as if it were information given by the natural person at a private session for the Commission. (3A) Section 6OJ applies in relation to the information as if it were information obtained at a private session for the Commission. (4) Section 6OM applies in relation to the information as if it were a record that contains information obtained at a private session for the Commission. (5) A reference in subparagraph (1)(b)(ii) to experiences of systemic violence, abuse, neglect or exploitation is a reference to experiences, or an awareness, of a policy, procedure, practice, act or omission that contributed, or may have contributed, to a natural person experiencing violence, abuse, neglect or exploitation. 6OQ Protection of certain information given to the Defence and Veteran Suicide Royal Commission (1) This section applies to information if: (a) the information was given by, or on behalf of, a natural person to the Defence and Veteran Suicide Royal Commission other than for the purposes of a private session; and (b) the information contains any of the following: (i) an account of a person's experiences of suicide, suicidality or poor mental health as a defence member or veteran; (ii) an account of a person's experiences of systemic issues as a defence member or veteran; and (c) the information directly or indirectly identifies the natural person who gave the information, or on whose behalf the information was given; and (d) the information was treated as confidential by the Commission at all times after being given to the Commission. (2) Section 6OE applies: (a) in all cases—in relation to the natural person who gave the information to the Commission, as if the information were a statement or disclosure made by that person at a private session for the Commission; and (b) if the information was given to the Commission on behalf of another natural person—in relation to the other natural person as if the information were a statement or disclosure made on behalf of that other person at a private session for the Commission. (3) Sections 6OH, 6OK and 6OL apply in relation to the information as if it were information given by the natural person at a private session for the Commission. (4) Section 6OJ applies in relation to the information as if it were information obtained at a private session for the Commission. (5) Section 6OM applies in relation to the information as if it were a record that contains information obtained at a private session for the Commission. (6) A reference in subparagraph (1)(b)(ii) to experiences of systemic issues is a reference to experiences, or an awareness, of a policy, procedure, practice, act or omission that contributed, or may have contributed, to a person's suicide, suicidality or poor mental health. Part 5—Miscellaneous 6P Commission may communicate information (1) Where, in the course of inquiring into a matter, a Commission obtains information that relates, or that may relate, to a contravention of a law, or evidence of a contravention of a law, of the Commonwealth, of a St