The Commissions of Inquiry Amendment (Private Sessions Information) Bill 2025 has passed the House of Assembly.
The Bill removes barriers to individuals accessing the information they provided to or for a private session with the Commission of Inquiry.
A private session is a confidential meeting where people can share their experiences with a Commission of Inquiry.
These sessions do not provide 'evidence' for a Commission, but are a protected way that a Commission can learn about a matter.
Attorney-General and Minister for Justice, Corrections and Rehabilitation, Guy Barnett, said while these provisions were designed to protect the privacy of individuals, they pose a barrier for people who are trying to access their own information.
"The strict confidentiality and protections around private sessions are designed to encourage people to engage with the Commission and to provide a forum that is less for the people involved," the Attorney-General said.
"The Commission held more than 120 private sessions across 2021 – 2023, and currently the records of a private session with the Commission cannot be provided to the participant of that session unless they, and any person they spoke or wrote about, consent to that information being disclosed.
"This Bill addresses this records issue by making a minor amendment to the Commissions of Inquiry Act 1995 which provides for an additional exception to the criminal offence of disclosing private sessions information.
"The new exception enables a participant of a private session to record, use or have disclosed to them, their own private session information.
"To protect the identity of any co-participants of a private session, the new exception only allows the full disclosure of private session information where all co-participants involved consent to that occurring.
"This reform is critical for victim-survivors and whistleblowers. It reinforces that it is their choice what they do with their own information, and that they are free to retell their experiences as they wish.
"We will continue to approach legislation with compassion and commonsense, and I look forward to this legislation progressing through the Legislative Council."
