Defence and Veterans’ Service Commissioner Act 2026

8 Simplified outline of this Part

This Part provides for the appointment of the Defence and Veterans’ Service Commissioner and sets out the Commissioner’s functions and powers.

This Part also establishes the Defence and Veterans’ Service Commission.

9 The Commissioner

There is to be a Defence and Veterans’ Service Commissioner.

Note: For provisions relating to the Commissioner’s appointment, see Division 2 of Part 6.

10 Functions of the Commissioner

The Commissioner has the following functions:

to monitor, inquire into and report on matters relating to suicide prevention or wellbeing outcomes for veterans, including the following:

data and trends regarding suicide and suicidality among veterans;

systemic factors relating to the Commonwealth’s administration of policies, programs, systems and practices that contribute to suicide and suicidality among veterans;

the state of the defence and veteran ecosystem, as it relates to the prevention of suicide and suicidality among veterans;

(iv) the Commonwealth’s implementation of the recommendations of the Defence and Veteran Suicide Royal Commission, including progress, impact and outcomes;

any matter that another provision of this Act or any other law of the Commonwealth permits or requires the Commissioner to monitor, inquire into or report on;

to inquire into, and report on, specified matters and advise on specified matters as requested by the Minister under subsection 17(1);

to inquire into the Commonwealth’s implementation of the Government’s response to the recommendations of the Defence and Veteran Suicide Royal Commission under section 18;

to promote improved support for veterans;

to collaborate with coroners to understand issues contributing to suicide and suicidality among veterans;

to promote understanding of:

suicide risks among veterans; and

factors that can improve the wellbeing of veterans;

including through engaging with people with lived experience and the families of veterans;

any other function conferred on the Commissioner by this Act or any other law of the Commonwealth.

The Commissioner’s function of reporting referred to in paragraph (1)(a) includes the function of:

reporting evidence-based findings of the Commissioner’s monitoring or inquiring; and

making recommendations, including recommendations relating to systemic reforms.

To avoid doubt, the following are not functions of the Commissioner:

to make findings of civil or criminal wrongdoing;

to make findings on the manner or cause of death in relation to a death of a veteran, including findings that the manner or cause of a death was suicide;

to monitor or inquire into a single exercise of a power, or a single performance of a function or duty.

In performing the Commissioner’s functions, the Commissioner must have regard to the need to avoid prejudicing current or future criminal or civil proceedings or other contemporaneous inquiries.

Example: A contemporaneous inquiry conducted by the Inspector-General of the Australian Defence Force under Defence Act 1903.section 110C of the

The functions of the Commissioner may be performed within and outside Australia.

11 Powers of the Commissioner

The Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Commissioner’s functions.

The powers of the Commissioner may be exercised within and outside Australia.

12 Independence of the Commissioner

Subject to this Act and to other laws of the Commonwealth, the Commissioner:

has complete discretion in the performance of the Commissioner’s functions and the exercise of the Commissioner’s powers; and

is not subject to direction by any person in relation to the performance of those functions or the exercise of those powers.

Note: The Commissioner must comply with a request by the Minister under subsection 17(1) to inquire into or advise on specified matters.

In particular, the Commissioner is not subject to direction in relation to:

the conduct of an inquiry, including:

the terms of reference for an inquiry (other than an inquiry under section 17); and

the timing of an inquiry (other than an inquiry under section 17); and

the priority to be given to an inquiry; or

the content of a report of an inquiry.

13 The Commission

The body known immediately before the commencement of this section as the Defence and Veterans’ Services Commission is continued in existence as the Defence and Veterans’ Service Commission.

Note: See also Acts Interpretation Act 1901.section 25B of the

The Commission consists of the following:

the Defence and Veterans’ Service Commissioner;

any Deputy Commissioners;

any Assistant Commissioners;

the staff of the Commission referred to in section 83;

contractors engaged under section 84;

the persons assisting referred to in section 85;

consultants engaged under section 86.

Application of the Finance Law

(3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

the Commission is a listed entity; and

the Commissioner is the accountable authority of the Commission; and

the following persons are officials of the Commission:

the Commissioner;

any Deputy Commissioners;

any Assistant Commissioners;

the staff of the Commission referred to in section 83;

contractors engaged under section 84;

the persons assisting referred to in section 85;

consultants engaged under section 86; and

the purposes of the Commission include:

the functions of the Commission referred to in section 14; and

the functions of the Commissioner referred to in section 10.

14 Functions of the Commission

The function of the Commission is to assist the Commissioner in the performance of the Commissioner’s functions.

The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of the Commission’s functions under this Act or any other law of the Commonwealth.

15 Simplified outline of this Part

This Part deals with inquiries by the Commissioner.

the Commissioner to conduct:Division 2 provides for

inquiries on the Commissioner’s own initiative; and

inquiries at the request of the Minister;

inquiries into the Commonwealth’s implementation of the Government’s response to the recommendations of the Defence and Veteran Suicide Royal Commission.

Division 3 deals with the conduct of inquiries.

Division 4 deals with reporting on inquiries.

the Commissioner’s information gathering powers for special inquiries.Division 5 deals with

16 Inquiries on own initiative

The Commissioner may inquire into matters mentioned in paragraph 10(1)(a).

17 Inquiries into or advice on specified matters on request by Minister

Requests to Commissioner

The Minister may request the Commissioner:

to inquire into, and report on, a specified matter mentioned in paragraph 10(1)(a); and

to advise on a specified matter mentioned in paragraph 10(1)(a).

In considering whether to request the Commissioner to inquire into, or advise on, a specified matter under subsection (1), the Minister must have regard to:

the object of this Act; and

any inquiries being conducted by the Commissioner and any planned inquiries; and

any advices being prepared by the Commissioner; and

whether the Commissioner has sufficient resources to conduct the inquiry or prepare the advice; and

the need to avoid prejudicing other contemporaneous inquiries.

Example: For the purposes of paragraph (e), a contemporaneous inquiry conducted by the Inspector-General of the Australian Defence Force under Defence Act 1903.section 110C of the

The Commissioner must comply with the request.

Requests to person other than the Commissioner

The Minister may, by written notice given to the Commissioner, request that a person other than the Commissioner inquire into a specified matter mentioned in paragraph 10(1)(a).

If the Minister makes a request under subsection (4):

the Commissioner must make a list of persons the Commissioner considers to have appropriate skills and experience to conduct the inquiry and give the list to the Minister; and

the Minister must choose a person to conduct the inquiry from persons included on the list given to the Minister.

If the Minister chooses a person who is not a Deputy Commissioner, the Commissioner must appoint the person as a Deputy Commissioner under section 81.

Terms of reference

The Minister may include in a request terms of reference (including timeframes) for conducting the inquiry or preparing the advice.

Request not a legislative instrument

If a request is made in writing, the request is not a legislative instrument.

Request may be withdrawn or amended

The Minister may withdraw or amend a request at any time before the Commissioner gives the final report of the inquiry or the advice to the Minister.

18 Inquiries into implementation of Defence and Veteran Suicide Royal Commission recommendations

The Commissioner must conduct 2 inquiries into the Commonwealth’s implementation of the Government’s response to the recommendations of the Defence and Veteran Suicide Royal Commission.

An inquiry under subsection (1) must evaluate the implementation of the Government’s response, including:

the measures and actions taken by the Commonwealth to implement the response; and

the effectiveness of those measures and actions in implementing the Government’s response.

First inquiry

The first inquiry under subsection (1) must be completed on or before 5 February 2027.

Second inquiry

The second inquiry under subsection (1) must be completed on or before 2 December 2030.

When inquiry is completed

For the purposes of subsections (3) and (4), an inquiry is completed when the Commissioner informs the Minister, in writing, that the inquiry is completed.

The Commissioner may only inform the Minister that an inquiry is completed after the Commissioner has given a final inquiry report to the Minister under subsection 25(3).

Note: The Commissioner may prepare one or more final inquiry reports for inquiries under this section: see subsection 24(3).

19 Notice of inquiry

The Commissioner commences an inquiry under section 16 or 17 by giving notice in accordance with subsection (2).

A notice under subsection (1) must:

be in writing; and

specify the day on which the inquiry commences (which must be the day on which the notice is given); and

specify the terms of reference for the inquiry; and

be given to the Minister.

The Commissioner must, as soon as practicable after giving the notice, cause the notice to be published on the Commissioner’s website unless the Commissioner is satisfied that doing so would adversely affect:

the proper conduct of the inquiry or any other inquiry under section 16 or 17; or

the preparation of a draft inquiry report or final inquiry report.

The Commissioner may, if the Commissioner considers it appropriate to do so, give the notice to any other person or body.

20 Commissioner may invite submissions

Inviting submissions

The Commissioner may invite members of the public generally, or a particular person or body, to make submissions on a matter relating to an inquiry under section 16, 17 or 18.

The Commissioner has discretion in deciding matters connected with the process for inviting or making submissions, including:

how to communicate an invitation; and

who may make a submission; and

how submissions may be made.

Note: For example, the Commissioner may:

publish an invitation seeking written submissions from the public on the Commissioner’s website; or

contact particular persons or bodies inviting them to attend a meeting at which they may make oral submissions.

Requests for confidentiality

If a person or body makes a submission, the person or body may request the Commissioner:

not to make the submission, or a part of the submission, available under section 21; or

not to include the submission, or a part of the submission, in the draft inquiry report or the final inquiry report.

However, a request under subsection (3) in relation to a submission made in relation to an inquiry does not prevent the Commissioner from having regard to the submission in conducting the inquiry.

The Commissioner must agree to a request under subsection (3) that is made by a person or body that is not a Commonwealth entity.

The Commissioner may agree to a request under subsection (3) that is made by a Commonwealth entity if the Commissioner is satisfied that:

the request is reasonable in the circumstances; and

agreeing to the request would not unduly impede the conduct of the inquiry; and

the entity has made the submission in good faith.

If a Commonwealth entity makes a request under subsection (3) in relation to a submission, or a part of a submission, and the Commissioner refuses the request:

the entity may withdraw the submission or the part of the submission; and

if the submission is a written submission—the entity may require the submission, or the part of the submission, to be returned to the entity.

21 Submissions may be made publicly available

Subject to subsections (2), (3) and (4), the Commissioner may make available to the public generally, or to particular persons or bodies, a submission or a part of a submission (including a written record of an oral submission) made in response to an invitation under subsection 20(1).

The Commissioner must not make available under subsection (1) a submission, or a part of a submission, to the extent that:

it names, or otherwise makes reasonably identifiable, an individual other than:

a Minister of the Commonwealth, a State or a Territory; or

an individual who holds an office or appointment under a law of the Commonwealth, a State or a Territory; or

an SES employee or acting SES employee; or

an individual who is an officer or employee of a State or Territory government or government authority and holds or performs the duties of an office or position that is equivalent to a position occupied by an SES employee; or

an individual who made the submission; or

it contains information that the Commissioner is satisfied is:

sensitive information; or

intelligence information; or

operationally sensitive information.

The Commissioner may make available a submission, or a part of a submission, to which subsection (2) applies if the Commissioner redacts from the submission, or the part of the submission, the matters mentioned in that subsection.

The Commissioner must not make available under subsection (1) a submission, or part of a submission made by a person or body if:

for a submission made by a Commonwealth entity—the submission, or the part of a submission, was withdrawn by, or returned to, the entity under subsection 20(7); or

for a submission made by any other person or body:

the person or body requested the Commissioner not to make the submission, or the part of the submission, available; and

the Commissioner agreed to the request.

The Commissioner must not make available under subsection (1) a written record of an oral submission made by a person unless the person has verified the content of the record.

22 Draft inquiry reports

(1) The Commissioner must prepare a draft report (a draft inquiry report) for an inquiry conducted under Division 2 of this Part.

Contents of report

The draft inquiry report must set out:

the preliminary findings of the inquiry; and

a summary of the evidence and other material on which those preliminary findings are based; and

any proposed recommendations resulting from the inquiry.

Note: See also:

the Commissioner to give certain persons an opportunity to respond before including certain information in a draft inquiry report; andsection 23, which requires

section 28, which provides that certain material must not be included in a draft inquiry report.

Reasonable opportunity to comment

If the inquiry relates to the exercise of powers, or the performance of functions, by a Commonwealth entity, the Commissioner must give the accountable authority of the Commonwealth entity:

the draft inquiry report, or the part of the draft inquiry report that relates to the entity; and

a reasonable opportunity to comment on the report or the part of the report.

The Commissioner may also give the draft inquiry report, or a part of the draft inquiry report, to any other person or body if the Commissioner considers it appropriate to give the person or body an opportunity to comment on the report.

A comment on a draft inquiry report must be made in writing.

23 Opportunity to respond must be given before including certain information in draft inquiry report

Before including in a draft inquiry report a preliminary finding or proposed recommendation that is critical (either expressly or impliedly) of a Commonwealth entity, an official of a Commonwealth entity or any other person, the Commissioner must give the head (however described) of the entity, the official or the other person concerned:

a statement setting out the finding or recommendation; and

a reasonable opportunity to respond to the finding or recommendation.

The response must be given in the manner and form specified by the Commissioner.

24 Final inquiry reports

(1) The Commissioner must prepare a final report (a final inquiry report) for an inquiry conducted under Division 2 of this Part.

In preparing a final inquiry report for an inquiry, the Commissioner must consider any comments made, or responses given, to the Commissioner on the draft inquiry report for the inquiry.

If the Commissioner has:

prepared a final inquiry report for an inquiry under section 18; and

given the final inquiry report to the Minister under subsection 25(3); and

published the final inquiry report under subsection 25(3);

the Commissioner may prepare one or more additional final inquiry reports for the inquiry under section 18.

Note: Additional final inquiry reports for the inquiry must be prepared before the deadline for completion of the inquiry: see subsections 18(3) and (4).

Before preparing an additional final inquiry report, the Commissioner must prepare a draft inquiry report under section 22.

25 Requirements for final inquiry reports

Contents of final inquiry reports

A final inquiry report must set out:

the findings of the inquiry; and

a summary of the evidence and other material on which those findings are based; and

any recommendations resulting from the inquiry; and

if the Commissioner has received a response from a Commonwealth entity, an official of a Commonwealth entity or any other person under section 23 in relation to a finding or recommendation included in the final inquiry report—the response.

Note: See also section 28, which provides that certain material must not be included in a final inquiry report.

Provision of final inquiry report to certain persons and publication

For a final inquiry report for an inquiry under the Commissioner may:section 16,

give the final inquiry report to any of the following:

the Minister;

any other person or body if the Commissioner considers it appropriate to do so; and

publish the final inquiry report on the Commissioner’s website.

For a final inquiry report for an inquiry under the Commissioner must, as soon as practicable after preparing the final inquiry report:section 17 or 18,

give the report to:

the Minister; and

if the report includes a recommendation that a Commonwealth entity, an official of a Commonwealth entity or any other person take certain action—the entity, official or other person concerned; and

any other person to whom the Commissioner gave the draft inquiry report; and

publish the final inquiry report on the Commissioner’s website.

26 Tabling of final inquiry reports and Commonwealth Government responses

Final inquiry reports

If a final inquiry report is given to the Minister under subsection 25(2) or (3), the Minister must cause the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

Commonwealth Government responses

The Minister must cause a statement setting out the Commonwealth Government’s response to the final inquiry report to be tabled in each House of the Parliament within the period:

(a) starting on the day (the start day) mentioned in subsection (3); and

ending on the later of:

the first sitting day of that House occurring 3 months or more after the start day; or

the 15th sitting day of that House after the start day.

For the purposes of paragraph (2)(a), the day is the day the report is first tabled in either House of the Parliament under subsection (1).

27 Follow-up action on final inquiry reports

This section applies if, in the Commissioner’s opinion, a Commonwealth entity, an official of a Commonwealth entity or any other person to whom a final inquiry report is given does not do the following with respect to a recommendation included in the report:

take action that is adequate and appropriate in the circumstances;

take that action within a reasonable time.

The Commissioner may request the entity, official or person to give the Commissioner, within a specified time, details of any action that the entity, official or person has taken, or proposes to take, in response to the recommendation.

A Commonwealth entity, official or other person must comply with a request under subsection (2).

Commissioner may refer unsatisfactory response of Commonwealth entity

If the Commissioner is not satisfied with the response of a Commonwealth entity to a request under subsection (2), the Commissioner may refer the following materials to the Prime Minister and the Minister:

the Commissioner’s recommendation and the reasons for the recommendation;

the Commissioner’s reasons for not being satisfied that adequate and appropriate action has been taken in response to the recommendation;

the response of the entity to the Commissioner’s request under subsection (2);

the Commissioner’s reasons for not being satisfied with that response;

a copy of the final inquiry report.

The Commissioner may also give the materials mentioned in subsection (4) to the President of the Senate and the Speaker of the House of Representatives, for presentation to the Senate and the House of Representatives, respectively.

Commissioner may make public statements

If the Commissioner is not satisfied with the response of a person (other than a Commonwealth entity or an official) to a request under subsection (2), the Commissioner may make a public statement under section 50 about the following matters:

the Commissioner’s recommendation and the reasons for the recommendation;

the Commissioner’s reasons for not being satisfied that adequate and appropriate action has been taken in response to the recommendation;

the response of the person to the Commissioner’s request under subsection (2);

the Commissioner’s reasons for not being satisfied with that response.

28 Certain information not to be included in inquiry reports

Personal and private information, identifying information and information in respect of which confidentiality request agreed

A draft inquiry report or a final inquiry report must not:

include information that the Commissioner is satisfied is personal and private, unless the individual to whom the information relates consents to the inclusion of the information in the report; or

name, or otherwise make reasonably identifiable, an individual other than:

a Minister of the Commonwealth, a State or a Territory; or

an individual who holds an office or appointment under a law of the Commonwealth, a State or a Territory; or

an SES employee or acting SES employee; or

an individual who is an officer or employee of a State or Territory government or government authority and holds or performs the duties of an office or position that is equivalent to a position occupied by an SES employee; or

include information (including information contained in a submission) given to the Commissioner for the purposes of the inquiry if:

the person or body that gave the information to the Commissioner requested that the information not be included in the report, and the Commissioner agreed to the request; or

the information was contained in a submission, or a part of a submission, made by a Commonwealth entity that was withdrawn by, or returned to, the entity before the report was prepared.

Operationally sensitive information and intelligence information

The Commissioner must exclude information from a draft inquiry report or a final inquiry report that the Commissioner is satisfied is:

operationally sensitive information; or

intelligence information.

Note: This information must be included in a classified information report: see section 29.

29 Classified information reports

This section applies if:

the Commissioner excludes information from a final inquiry report under subsection 28(2); and

in the case of a final inquiry report for an inquiry under the Minister under subsection 25(2) or paragraph 27(4)(e).section 16—the final inquiry report is given to

(2) The Commissioner must prepare a report (a classified information report) that sets out:

the information; and

the reasons for excluding the information from the final inquiry report.

The Commissioner:

must give the classified information report to the Minister; and

must not publish the report.

The classified information report, or any part of the report, must not be tabled in the Parliament.

30 Determining inquiry is a special inquiry

(1) The Commissioner may make a determination, in writing, that an inquiry being conducted under special inquiry to which this Division applies if:Division 2 is a

public notice has been given of the inquiry; and

the Commissioner is satisfied that it is in the public interest that the powers in this Division may be exercised in relation to the inquiry.

(2) Without limiting subsection 33(3) of the Acts Interpretation Act 1901, a determination under subsection (1) is taken to be revoked 2 years after it is made, unless it is revoked earlier.

Subsection (2) does not prevent the making of another determination under subsection (1) in the same terms as the revoked determination.

A determination made under subsection (1) is not a legislative instrument.

31 Summons

If the Commissioner has reasonable grounds to suspect that a person has evidence relevant to a special inquiry, the Commissioner may, by notice in writing, summon a person to attend a hearing at a time and place specified in the notice:

to give evidence relevant to the special inquiry; or

to produce documents or things specified in the notice that are relevant to the special inquiry.

Note: Failure to comply with a notice is an offence: see section 57.

The notice must:

be signed by the Commissioner; and

be served on the person required to attend the hearing.

A time specified in a notice must be at least 14 days after the notice is served on the person.

However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.

For the purposes of sections 57 (failure to attend hearing, give information or produce documents etc.), 60 (legal professional privilege) and 61 (offences relating to claims for legal professional privilege), the power of the Commissioner under this section to require a person to give evidence, or produce a document or thing, includes the power to require the person to give evidence, or produce a document or thing, that is subject to legal professional privilege.

Note: Under the Commissioner has accepted a claim for legal professional privilege.section 60, legal professional privilege is not a reasonable excuse for failing to produce the document etc. unless a court has found the document etc. to be subject to legal professional privilege or

Before a notice is served under subsection (1) on a person, in the person’s capacity as someone who is or has been a coroner or an officer or employee of a coroners’ court, the Commissioner must consider requesting the coroner or the coroners’ court to disclose information in accordance with section 45.

If the Commissioner serves a notice under subsection (1) on an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:

if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or

in any other case—the accountable authority of the Commonwealth entity.

If the Commissioner serves a notice under subsection (1) on an officer or employee of a State body or a Territory body, the Commissioner must give a copy of the notice to the head (however described) of the body.

32 Evidence on oath or by affirmation

At a hearing for a special inquiry, the Commissioner may:

require a witness to either take an oath or make an affirmation; and

administer an oath or affirmation to the witness.

Note 1: Refusal to take an oath or make an affirmation is an offence: see subsection 57(1).

Note 2: This means that a hearing is a judicial proceeding for the purposes of Part III of the Crimes Act 1914, which creates various offences in relation to judicial proceedings.

The oath or affirmation is an oath or affirmation that the evidence the person will give will be true.

The Commissioner may allow a person attending a hearing who has been sworn, or who has made an affirmation, to give evidence by tendering a written statement and verifying it by oath or affirmation.

33 Commissioner may require information etc.

If the Commissioner has reasonable grounds to suspect that a person has information, a document or thing relevant to a special inquiry, the Commissioner may, by written notice, require a person:

to give the Commissioner the information, or a statement setting out the information, that is referred to in the notice; or

to produce to the Commissioner the documents or things that are referred to in the notice.

Note: Failure to give the information or statement, or to produce the documents or things, is an offence: see section 57.

The notice:

must:

be signed by the Commissioner; and

be served on the person required to give the information or provide the documents or things; and

specify the period within which the person must comply with the notice; and

may require information be given in writing.

A time specified in a notice must be at least 14 days after the notice is served on the person.

However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.

For the purposes of sections 57 (failure to attend hearing, give information or produce documents etc.), 60 (legal professional privilege) and 61 (offences relating to claims for legal professional privilege), the power of the Commissioner under this section to require a person to give information or a statement, or produce a document or thing, includes the power to require the person to give information or a statement, or produce a document or thing, that is subject to legal professional privilege.

Note: Under the Commissioner has accepted a claim for legal professional privilege.section 60, legal professional privilege is not a reasonable excuse for failing to produce the document etc. unless a court has found the document etc. to be subject to legal professional privilege or

Before a notice is served under subsection (1) on a person, in the person’s capacity as someone who is or has been a coroner or an officer or employee of a coroners’ court, the Commissioner must consider requesting the coroner or the coroners’ court to disclose information in accordance with section 45.

If the Commissioner serves a notice under subsection (1) on an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:

if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or

in any other case—the accountable authority of the Commonwealth entity.

If the Commissioner serves a notice under subsection (1) on an officer or employee of a State body or Territory body, the Commissioner must give a copy of the notice to the head (however described) of the body.

34 Entry to premises etc.

For the purposes of a special inquiry, an authorised official may, at all reasonable times, enter and remain on premises occupied by a person or body covered by subsection (2).

For the purposes of subsection (1), the persons or bodies are the following:

a government entity;

a Commonwealth contractor.

Before entering the premises, the authorised official must provide notice to:

a member of the group of persons who is responsible for the executive decisions of the person or body occupying the premises; or

any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the person or body occupying the premises.

While remaining on the premises, the authorised official:

is entitled to full and free access at all reasonable times to any documents or other property; and

may examine, make copies of or take extracts from any document; and

may, for the purpose of making a copy of, or taking an extract from, a document, remove the document from the premises.

The authorised official is not entitled to enter or remain on the premises if:

the occupier of the premises asks the authorised official to produce proof of the authorised official’s authority to enter and remain on the premises; and

the authorised official fails to:

if the authorised official is the Commissioner—identify themselves as the Commissioner; or

if the authorised official is not the Commissioner—produce a written authority signed by the Commissioner that states that the official is authorised to perform functions or exercise powers under this section.

The occupier of the premises must provide the authorised official with all reasonable facilities and assistance for the effective exercise of powers under this section.

Note: Failure to provide an authorised official with all reasonable facilities and assistance is an offence: see section 63.

Exception—premises declared by the ASIO Minister

(7) If the Minister administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister) is satisfied that entering a premises for the purposes of a special inquiry might prejudice the security or defence of the Commonwealth, the ASIO Minister may, by written notice to the Commissioner, declare the premises to be a premises to which this subsection applies.

While a declaration under subsection (7) is in force, subsection (1) does not authorise an authorised official to enter the premises unless:

a Minister specified in the declaration (or another Minister acting for and on behalf of that Minister) has approved the authorised official entering the premises; and

the authorised official complies with any conditions imposed by the Minister giving the approval in relation to:

entering the premises; and

accessing, examining and removing documents from the premises.

A declaration by the ASIO Minister under subsection (7) is not a legislative instrument.

Meaning of authorised official

(10) For the purposes of this section, an individual is an authorised official if the individual is:

the Commissioner; or

a person that the Commissioner has authorised, in writing, to perform functions or exercise powers under this section.

35 Power to obtain access to documents etc. by remote means

For the purposes of a special inquiry, an authorised official may, by remote means:

access documents or other records held in electronic form by a person or body covered by subsection (2); and

inspect, take extracts from, or make copies of, any such documents or other records.

For the purposes of subsection (1), the persons or bodies are the following:

a government entity;

a Commonwealth contractor.

Before accessing the documents or other records by remote means, an authorised official must give persons covered by subsection (4) written notice specifying:

the intention of the one or more authorised officials to access the documents or other records by remote means; and

the period during which the one or more authorised officials will access the documents or other records by remote means.

For the purposes of subsection (3), the persons are the following:

a member of the group of persons who is responsible for the executive decisions of the person or body;

any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the person or body.

Subsection (1) does not limit the operation of section 31, 33 or 34.

A person given a notice under subsection (3) must provide the authorised official with all reasonable facilities and assistance for the effective exercise of powers under this section.

Note: Failure to provide an authorised official with all reasonable facilities and assistance is an offence: see section 63.

Meaning of authorised official

(7) For the purposes of this section, an individual is an authorised official if the individual is:

the Commissioner; or

a person that the Commissioner has authorised, in writing, to perform functions or exercise powers under this section.

36 Search warrants

The Commissioner or an authorised member may apply to an eligible Judge for a search warrant in relation to a special inquiry if:

(a) the Commissioner, or the authorised member, has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with the special inquiry (things of the relevant kind); and

the Commissioner, or the authorised member, believes on reasonable grounds that, if a notice were served under section 31 or 33 for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed.

(2) The Commissioner may, in writing, authorise a person, or each person in a class of persons, to be an authorised member for the purposes of this section, if the person, or each person in the class of persons, is:

(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or

a member of the police force of a State or Territory; or

(c) a police member (within the meaning of the Defence Force Discipline Act 1982).

If an application is made under subsection (1) to an eligible Judge, the eligible Judge may, if satisfied that there are reasonable grounds for issuing the search warrant, issue a search warrant authorising an authorised person with such assistance as the authorised person thinks necessary, and if necessary by reasonable force:

to enter onto the land or on or into the premises, vessel, aircraft or vehicle; and

to search the land, premises, vessel, aircraft or vehicle for things of the relevant kind; and

to seize any things of the relevant kind found on the land or in the premises, vessel, aircraft or vehicle and deliver things so seized to the Commissioner.

Note: For authorised person, see subsection (9).

A search warrant issued under this section must include the following information:

a statement of the purpose for which the warrant is issued, which must include a reference to the matter into which the Commissioner is inquiring and with which the things of the relevant kind are connected;

whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;

a description of the land, premises, vessel, aircraft or vehicle to which the warrant relates;

a description of the kind of things authorised to be seized;

a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.

If, in the course of searching, in accordance with a search warrant issued under this section, for things of a particular kind connected with the special inquiry, the person executing the warrant finds:

any thing of another kind that the person believes on reasonable grounds to be connected with the special inquiry; or

any thing that the person believes on reasonable grounds to be connected with another special inquiry;

and the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss, mutilation or destruction, the warrant is taken to authorise the person to seize that thing.

Copy of warrant to be given to occupier etc.

The authorised person must give a copy of a search warrant to a person if:

for a warrant being executed in relation to land or premises—the person:

is the occupier of the land or premises, or another person who apparently represents the occupier; and

is present at the premises when the warrant is being executed; and

for a warrant being executed in relation to a vessel, aircraft or vehicle—the person:

is the owner of the vessel, aircraft or vehicle, or another person who apparently represents the owner of the vessel, aircraft or vehicle; and

is present when the warrant is being executed.

The authorised person must identify themselves to the person at the land, premises, vessel, aircraft or vehicle being searched.

Retention of things seized

If a thing is seized under subsection (5), the thing may be retained for as long as is reasonably necessary.

Meaning of authorised person

(9) For the purposes of this section, an authorised person is a person who is:

(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or

a member of the police force of a State or Territory; or

(c) a police member (within the meaning of the Defence Force Discipline Act 1982).

37 Application for search warrants by telephone or electronic means

An application for a search warrant under subsection 36(1) may be made by telephone or other electronic means if the applicant for the warrant considers it necessary to do so because:

of circumstances of urgency; or

the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

If an eligible Judge issues a search warrant on an application made by telephone or other electronic means, the eligible Judge must:

complete and sign that warrant; and

inform the applicant of the terms of the warrant and the date on which and the time at which it was signed; and

forward a copy of the warrant to the applicant.

If a search warrant is issued on an application made by telephone or other electronic means:

the Commissioner, or an authorised member under subsection 36(2), must:

complete a form of warrant in the terms indicated by an eligible Judge under subsection (2) of this section; and

give or transmit the form of warrant to the eligible Judge; and

the eligible Judge must attach the form of warrant completed by the Commissioner or authorised member under subparagraph (a)(i) to the warrant completed by the eligible Judge.

A form of warrant completed in accordance with subsection (3) of this section is taken to be a warrant issued under section 36.

38 Witnesses subject to questioning

Any of the following may, so far as the Commissioner thinks proper, examine or cross-examine a witness on a matter relevant to a hearing for the purposes of a special inquiry:

a legal practitioner assisting the Commissioner;

any legal practitioner authorised by the Commissioner to appear before it for the purpose of representing any person;

any person authorised by the Commissioner to appear before the Commissioner.

Subject to this Act, a witness who is examined or cross-examined has the same protection and is subject to the same liabilities as if examined by the Commissioner.

Note: For other witness protections, see section 93.

39 Witness expenses and allowances

A person giving evidence as a witness at a hearing for the purposes of a special inquiry may be paid by the Commonwealth any allowances for travel and other expenses that are prescribed by the rules.

In the absence of a prescribed scale, the amount or allowance the person may be paid is the amount or allowance the Commissioner considers reasonable.

40 Simplified outline of this Part

This Part deals with information management by the Commissioner.

the Commissioner to hold hearings, including private hearings.Division 2 provides for

the Commissioner and by the Commissioner.Division 3 deals with disclosures of information to

Division 4 deals with information handling.

41 Hearings

The Commissioner may hold a hearing for the purposes of performing the Commissioner’s functions.

A hearing is to be held in public and the procedure for a hearing may be such as the Commissioner thinks fit.

Note: For circumstances where hearings may not be held in public, see subsections 42(1), (2), (3) and (4).

The Commissioner is not bound by the rules of evidence.

The Commissioner must ensure that a record of a hearing is made.

42 Private hearings

Disclosure of operationally sensitive information

Despite subsection 41(2), a hearing, or part of a hearing, must be held in private if the Commissioner is satisfied that a person appearing at the hearing may give evidence that discloses operationally sensitive information.

Disclosure of intelligence information

Despite subsection 41(2), a hearing, or part of a hearing, must be held in private if:

the Commissioner is satisfied that a person appearing at the hearing may give evidence that discloses intelligence information; and

the conduct of the hearing is consistent with an arrangement entered into for the purposes of subsection 46(1) with the Australian intelligence entity to which the information relates.

Disclosure of information that is personal

Despite subsection 41(2), a hearing, or part of a hearing, may be held in private if the Commissioner is satisfied that:

information relating to:

a deceased person or the family, friends or associates of a deceased person; or

a veteran’s lived experience with a suicide risk;

may be disclosed at the hearing; and

the information is personal and private.

Public interest

Despite subsection 41(2), a hearing, or part of hearing, may be held in private if the Commissioner is satisfied that it is in the public interest to do so.

Commissioner must have regard to certain matters when considering whether to hold private hearings

When considering whether to hold a hearing, or part of a hearing, in private because of subsection (3) or (4), the Commissioner must have regard to:

(a) the potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004), or to the operations of a law enforcement, security or oversight body; and

whether holding the hearing in private would have a substantial adverse effect on the exercise or performance of the Commissioner’s functions or powers; and

if the Commissioner invites submissions—any submissions received in response; and

the safety and security of any person; and

whether legal professional privilege, or any other immunity, privilege or restriction may apply to the disclosure of the information; and

any other matters the Commissioner thinks relevant.

43 Disclosure of evidence given at private hearing

Operationally sensitive information

If a witness gives evidence at a private hearing because of subsection 42(1), the Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:

consult any law enforcement, security or oversight body to which the evidence relates and consider any information received from the body following the consultation; and

(b) consider any potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004); and

consider the safety and security of any person.

Intelligence information

If a witness gives evidence at a private hearing because of subsection 42(2), the Commissioner must, before disclosing or using any evidence that witness has given at, or in relation to, the private hearing:

consult any Australian intelligence entity to which the evidence relates; and

consider any information received from the entity following the consultation.

Personal information, operationally sensitive information or intelligence information

If a witness gives evidence at a private hearing because of subsection 42(1), (2), (3) or (4), the Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:

consider consulting the witness, and any other person whose interests are affected by the evidence; and

consider any potential risk of prejudice to a person if the person is not consulted before using or disclosing information given at, or in relation to, a private hearing; and

consider any preference the witness communicates (whether before, during or after a private hearing) to the Commissioner in relation to consultation.

44 Disclosure of information to the Commissioner—Commonwealth

Authorisation to disclose

A Commonwealth company, a Commonwealth entity or an individual who holds an office or appointment under a law of the Commonwealth, may, on their own initiative or at the request of the Commissioner, disclose information (including personal information) to the Commissioner for the purpose of assisting in the performance of the Commissioner’s functions or exercise of the Commissioner’s powers.

Authorisation for Commissioner to use

The Commissioner is authorised to use information disclosed under this section for the purposes of performing or exercising any of the Commissioner’s functions or powers.

Authorisation not affected by State or Territory law or the general law

The authorisation in subsection (1) has effect despite anything in a law of a State or Territory, or the general law, that restricts or prohibits disclosure of information.

45 Disclosure of information to the Commissioner—States and Territories

Authorisation to disclose

Any of the following may, on their own initiative or at the request of the Commissioner, disclose information (including personal information) for the purpose of assisting in the performance of the Commissioner’s functions or exercise of the Commissioner’s powers:

a State body or Territory body;

an individual who holds an office or appointment under a law of a State or Territory;

a coroner or a coroners’ court.

Authorisation for Commissioner to use

The Commissioner is authorised to use information disclosed under this section for the purposes of performing or exercising any of the Commissioner’s functions or powers.

Authorisation not affected by State or Territory law or the general law

The authorisation in subsection (1) has effect despite anything in a law of a State or Territory, or the general law, that restricts or prohibits disclosure of information.

46 Arrangements for obtaining and protecting intelligence information

Arrangements

The Commissioner must take all reasonable steps to ensure that entrusted persons obtain, store, access, use and disclose intelligence information relating to an Australian intelligence entity only in accordance with an arrangement, between the Commissioner and the head of the entity, that deals with:

the manner in which entrusted persons obtain intelligence information relating to the entity; and

the protection of intelligence information relating to the entity while in the possession of entrusted persons; and

the disclosure by entrusted persons of intelligence information relating to the entity.

The Commissioner must take all reasonable steps to ensure that an arrangement is in force for the purposes of subsection (1) with the head of an Australian intelligence entity before obtaining intelligence information relating to the entity.

Subsections (1) and (2) apply despite any other provision of this Act.

Without limiting subsection (1), an arrangement may:

limit the circumstances in which intelligence information may be disclosed in a report under Division 4 of Part 3; and

set out matters to which the Commissioner must have regard in disclosing intelligence information under section 49.

However, except as mentioned in paragraph (4)(a), an arrangement cannot prevent the performance of the Commissioner’s functions or exercise of the Commissioner’s powers under any provision of this Act (including section 49).

Arrangement is not a legislative instrument

If an arrangement is entered into for the purposes of subsection (1) in writing, the arrangement is not a legislative instrument.

47 Application of this Act in relation to current and former IGIS officials

Despite anything else in this Act:

an entrusted person may obtain information from another person that the other person acquired as an IGIS official; and

a person may disclose information, that the person acquired as an IGIS official, to an entrusted person;

only in accordance with sections 34 and 34AC of the Inspector-General of Intelligence and Security Act 1986.

Subdivision B—Disclosure of information by the Commissioner or entrusted persons

48 Commissioner may disclose information (other than intelligence information)

Authorisation to disclose

The Commissioner may disclose information (including personal information) to an entity specified in subsection (2) if:

the information was given to the Commissioner in accordance with a notice under section 31 or 33, or in accordance with section 44 or 45; and

the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers; and

in the case of an entity specified in any of paragraphs (2)(m) to (p) of this section—the Commissioner is satisfied that the function or power mentioned in paragraph (b) of this subsection is connected with:

suicide among veterans; or

suicide prevention and wellbeing outcomes for veterans; and

in any case—the information is not intelligence information.

The entities are the following:

the Attorney-General of the Commonwealth, a State or a Territory;

the Australian Federal Police;

the police force of a State or Territory;

the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;

(e) a Special Prosecutor appointed under the Special Prosecutors Act 1982;

(f) a Royal Commission or a body with functions equivalent to a Royal Commission;

the Inspector-General of the Australian Defence Force;

if the information relates, or may relate, to the contravention, or evidence of a contravention, of a law of the Commonwealth, a State or a Territory—an entity responsible for the administration or enforcement of the law;

the Australian Crime Commission;

the National Anti-Corruption Commissioner;

the Defence Force Ombudsman;

(l) a coroner or a coroners’ court;

any other Commonwealth company;

any other Commonwealth entity;

any other State body or Territory body;

any other individual who holds an office or appointment under a law of the Commonwealth, a State or a Territory.

Coronial inquiries

If the Commissioner believes that the disclosure of information under subsection (1) to an entity specified in any of paragraphs (2)(m) to (p) may prejudice a current or future coronial inquiry, the Commissioner must consider consulting the following before disclosing the information:

for a current coronial inquiry—the coroner conducting the inquiry;

for a future coronial inquiry—the head of the relevant coronial jurisdiction.

State or Territory police investigations

If the Commissioner believes that the disclosure of information under subsection (1) to an entity specified in any of paragraphs (2)(m) to (p) may prejudice current or future investigations by a police force of a State or Territory, the Commissioner must consider consulting the head (however described) of the police force of the State or Territory before disclosing the information.

Authorisation for agencies and bodies to use and disclose information

An entity to which information is disclosed under subsection (1) may use and disclose the information for the purposes for which the information was disclosed under that subsection.

Contravention of a law

A reference in paragraph (2)(h) to a contravention of a law is a reference to a contravention for which a person may be liable to:

a criminal penalty; or

a civil or administrative penalty.

49 Commissioner may disclose intelligence information

Authorisation to disclose

The Commissioner may disclose intelligence information (including personal information) to an entity specified in subsection (2) if:

the information was given to the Commissioner in accordance with a notice under section 31 or 33, or in accordance with section 44 or 45; and

except in the case of a disclosure to the Inspector-General of Intelligence and Security—the information relates, or may relate, to the commission, or evidence of the commission, of an offence against a law of the Commonwealth, a State or a Territory; and

in any case—the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers.

The entities are the following:

the Australian Federal Police;

the police force of a State or Territory;

the Australian Crime Commission;

(d) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);

the Inspector-General of Intelligence and Security;

an agency or body, or the holder of an office that is prescribed by the rules for the purposes of this paragraph.

Consultation requirement

Before disclosing intelligence information under subsection (1) to an entity other than the Inspector-General of Intelligence and Security, the Commissioner must consult both of the following:

the person mentioned in subsection (4) for the entity;

the head of the Australian intelligence entity to which the information relates.

For the purposes of paragraph (3)(a), the person for the entity is as follows:

for the Australian Federal Police—the Commissioner of Police;

for the police force of a State or Territory—the head (however described) of the police force of the State or Territory;

for the Australian Crime Commission—the Chief Executive Officer of the Australian Crime Commission;

(d) for the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022)—the National Anti‑Corruption Commissioner;

for an agency or body, or the holder of an office, that is prescribed by the rules for the purposes of paragraph (2)(f)—the person holding, or performing the duties of, the principal office in respect of the agency or body that is prescribed by the rules for the purposes of this paragraph.

The consultation must cover the protection of the intelligence information while it remains in the entity’s possession.

Matters to which Commissioner must have regard in disclosing information

In disclosing intelligence information under subsection (1), the Commissioner:

must have regard to any matter set out in an arrangement entered into with the head of the Australian intelligence entity under section 46 to which the information relates; and

may have regard to any other matter the Commissioner considers relevant.

50 Commissioner may make public statements

Nothing in this Act prevents the Commissioner from:

disclosing information to the public; or

making a public statement;

about the performance of the Commissioner’s functions or exercise of the Commissioner’s powers, or an inquiry under Division 2 of Part 3, if, in the Commissioner’s opinion, doing so would be in the public interest.

In considering whether to disclose information or make a statement under subsection (1), the Commissioner must have regard to whether the information is, or the statement contains:

information relating to:

a deceased person or the family, friends or associates of a deceased person; or

a veteran’s lived experience with a suicide risk; or

information that is personal and private; or

operationally sensitive information; or

intelligence information.

In considering whether to disclose information or make a statement under subsection (1), the Commissioner must also have regard to whether the disclosure of that information, or the making of that statement, is likely to interfere with the conduct of inquiries under this Act or other contemporaneous inquiries.

Example: A contemporaneous inquiry conducted by the Inspector-General of the Australian Defence Force under Defence Act 1903.section 110C of the

Before disclosing information or making a statement under subsection (1) that is critical (either expressly or impliedly) of a Commonwealth entity, an official of a Commonwealth entity or any other person, the Commissioner must give the head (however described) of the entity, the official or the person concerned, a reasonable opportunity to respond to the information or statement.

51 Entrusted persons may disclose protected information

Authorisation to disclose

An entrusted person may disclose protected information if:

the person has obtained the information in the person’s capacity as an entrusted person; and

the information is disclosed in accordance with this section.

Note: Disclosure of protected information by an entrusted person other than in accordance with this section is an offence: see section 70.

Disclosure in the public interest

An entrusted person may disclose protected information if the Commissioner:

is satisfied that it is necessary in the public interest to disclose the information; and

notifies the entrusted person, either orally or in writing, that the Commissioner is so satisfied.

If notification is given orally, the Commissioner must make a written record of the notification as soon as practicable after the notification is given, and no later than 48 hours after the notification is given.

Disclosure to person to whom information relates

An entrusted person may disclose protected information to the person to whom the information relates.

Disclosure for purposes of proceedings

An entrusted person may disclose protected information to a court or tribunal, or in accordance with an order of a court or tribunal, for the purposes of proceedings.

Disclosure to integrity agency

An entrusted person may disclose protected information to any of the following persons for the purposes of that person exercising the person’s powers, or performing the person’s functions:

(a) the Commonwealth Ombudsman or another officer Ombudsman Act 1976;within the meaning of subsection 35(1) of the

(b) the Australian Information Commissioner, a member of the staff of the Office of the Australian Information Commissioner or a consultant engaged under the Australian Information Commissioner Act 2010;

(c) the Inspector-General of the Australian Defence Force or a member of staff engaged under Defence Act 1903;section 110O of the

the Inspector-General of Intelligence and Security or an IGIS official.

Disclosure for purposes of preventing serious threat to safety, health or well-being

An entrusted person may disclose protected information if the disclosure is necessary to lessen or prevent a serious threat to the safety, health or well-being of a person or persons.

Disclosure for purposes of enforcement related activity

An entrusted person may disclose protected information to an enforcement body, if the person reasonably believes that the disclosure is reasonably necessary for, or directly related to, one or more enforcement related activities being conducted by, or on behalf of, that enforcement body.

Disclosure of information that is already public

An entrusted person may disclose protected information if the information has already been made available to the public.

Disclosure required or authorised by another law

An entrusted person may disclose protected information if the disclosure is required or authorised under a law of the Commonwealth, or of a State or Territory, other than this Act.

Disclosure with consent of person to whom information relates

An entrusted person may disclose protected information if:

the person to whom the information relates consents to the disclosure; and

the disclosure is in accordance with that consent.

Disclosure to person who provided information

An entrusted person may disclose protected information to the person who provided the information.

52 Commissioner may retain documents or things

This section applies if a document or thing is:

produced to the Commissioner under section 31 or 33; or

otherwise given to the Commissioner for the purpose of assisting in the performance of the Commissioner’s functions or exercise of the Commissioner’s powers.

The Commissioner may:

inspect the document or thing; and

retain the document or thing for so long as is reasonably necessary for the purposes of the performance of the Commissioner’s functions or exercise of the Commissioner’s powers; and

make copies of the document or thing, or take extracts from the document.

While the Commissioner retains the document or thing, the Commissioner must allow a person who would otherwise be entitled to inspect the document or view the thing:

to do so at all reasonable times; and

to copy the document or thing.

Subsection (3) does not apply if:

possession of the document or thing by the person could constitute an offence; or

inspecting or copying the document or thing (as the case requires) would compromise or damage the document or thing; or

the Commissioner is satisfied that allowing the person to inspect the document or view the thing would prejudice an inquiry under Division 2 of Part 3.

53 When documents and things must be returned

This section applies if the Commissioner is satisfied that a document or thing:

produced to the Commissioner under section 31 or 33; or

otherwise given to the Commissioner for the purpose of assisting in the performance of the Commissioner’s functions or exercise of the Commissioner’s powers;

is not required (or is no longer required) for the purposes of the performance or exercise of any of the Commissioner’s functions or powers.

The Commissioner must take reasonable steps to return the document or thing to the person from whom it was received, or to the owner if that person is not entitled to possess it.

However, the Commissioner does not have to take those steps if:

possession of the document or thing by a person could constitute an offence; or

the document or thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or

the document or thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

54 Non-publication directions

The Commissioner may, in writing, direct that any of the following material must not be published or must not be published except in the manner or to the persons that the Commissioner specifies:

evidence given before the Commissioner;

the contents of a document, or a description of a thing, produced or given to the Commissioner;

information that might enable a person who has given evidence before the Commissioner to be identified.

Note 1: Publication in contravention of a direction under this subsection is an offence: see section 69.

Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Before making a direction under subsection (1), the Commissioner must be satisfied:

that it is in the public interest to make the direction; and

that the material to which the direction relates is not publicly available.

A direction made under subsection (1) is not a legislative instrument.

55 Simplified outline of this Part

This Part contains offence provisions.

This Part also sets out protections for persons providing information to the Commissioner.

56 Geographical jurisdiction for offences

Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against this Act.

57 Failure to attend hearing, give information or produce documents etc.

Failure to attend hearing and refusal to take oath or make affirmation

A person commits an offence if:

the person is served with a notice under section 31 to attend a hearing; and

either:

the person fails to attend the hearing; or

the person refuses to be sworn or to make an affirmation at the hearing.

Penalty: Imprisonment for 2 years.

Refusal to answer question and failure to produce a document or thing at a hearing

A person commits an offence if:

the person is served with a notice under section 31 to attend a hearing; and

either:

the person refuses to answer a question at the hearing that the Commissioner requires the person to answer; or

the person fails to give evidence or produce a document or thing specified in the notice.

Penalty: Imprisonment for 2 years.

Failure to give information, or produce a document or thing

A person commits an offence if:

the person is served with a notice under section 33 to give information or a statement, or produce a document or thing, specified in the notice; and

the person fails to comply with the notice.

Penalty: Imprisonment for 2 years.

Reasonable excuse

Subsections (1), (2) and (3) do not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

Subject to subsection 60(1), something is a reasonable excuse for the purposes of subsection (4) for a person to refuse or fail to:

attend a hearing; or

be sworn or make an oath or affirmation; or

answer a question;

if the thing would excuse an act or omission of a similar nature by a person summoned as a witness before a court of law.

Subject to subsection 60(1), something is a reasonable excuse for the purposes of subsection (4) for a person to refuse or fail to:

give information or a statement; or

produce a document or thing;

if the thing 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.

Defence of relevance

Subsections (2) and (3) do not apply if the question, information, statement, document or thing is not relevant to the matters into which the Commissioner was inquiring.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

Subsections (1), (2) and (3) not affected by State or Territory law or the general law

Subsections (1), (2) and (3) have effect despite anything in a law of a State or Territory, or the general law.

58 False or misleading information or documents

A person commits an offence if:

the person produces information or a document to the Commissioner; and

the person does so knowing that the information or document:

is false or misleading; or

omits any matter or thing without which the information or document is misleading; and

the information or document is produced in compliance or purported compliance with a notice under section 33.

Penalty: Imprisonment for 2 years.

Defences

Subsection (1) does not apply if the information or document is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person, or, in the case of a body corporate, by a competent officer of the body corporate:

stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and

setting out, or referring to, the material particular in which the document is, to the knowledge of the person, false or misleading.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

59 Destroying documents or things

A person commits an offence if:

the person engages in conduct; and

the conduct results in a document or thing being:

concealed, mutilated or destroyed; or

rendered incapable of identification; or

in the case of a document, rendered illegible or indecipherable; and

the document or thing is, or is likely to be, required by the Commissioner under a notice under section 31 or 33.

Penalty: Imprisonment for 2 years.

60 Legal professional privilege

It is not a reasonable excuse for the purposes of subsection 57(4) for a person to fail to give information or a statement, or produce a document or thing, that the information, statement, document or thing is subject to legal professional privilege, unless:

a court has found the information, statement, document or thing (or the relevant part of it) to be subject to legal professional privilege; or

a claim that the information, statement, document or thing (or the relevant part of it) is subject to legal professional privilege has been made to the Commissioner:

within the time that the Commissioner, in requiring the information or statement to be given, or the document or thing to be produced, allowed for the giving of the information or statement, or the production of the document or thing; or

within such further time as the Commissioner allows for the giving of the information or statement, or the production of the document or thing.

If such a claim is made, the Commissioner may decide whether to accept or reject the claim.

The Commissioner may, by written notice served on a person, require the person to produce the information, statement, document or thing for inspection for the purpose of deciding whether to accept or reject the claim.

If the information, statement, document or thing has been produced for inspection and the Commissioner decides to accept the claim, the Commissioner must:

return the information, statement, document or thing to the person; and

disregard, for the purposes of any report, recommendation or finding that the Commissioner makes:

if the claim is accepted in relation to the whole of the information, statement, document or thing—the whole of the information, statement, document or thing; or

if the claim is accepted in relation to a part of the information, statement, document or thing—that part of the information, statement, document or thing.

If the information, statement, document or thing has been produced for inspection and the Commissioner decides to reject the claim, the Commissioner may use the information, statement, document or thing for the purposes of performing or exercising the Commissioner’s functions or powers in relation to a special inquiry.

The Commissioner must give the person written notice of a decision under subsection (2).

A notice of a decision to reject the claim must include:

a statement of reasons for the decision; and

(b) a statement that, subject to the Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for review of the Commissioner’s decision.

Note: Section 94 provides that an application may be made to the Administrative Review Tribunal for review of a decision of the Commissioner to reject a claim for legal professional privilege.

61 Offences relating to claims for legal professional privilege

Offences

A person commits an offence if:

the person has failed to give evidence, or produce a document or thing as required by the Commissioner under section 31; and

the Commissioner has decided under subsection 60(2) to reject a claim that the evidence, document or thing (or the relevant part of the evidence, document or thing) is subject to legal professional privilege; and

the person fails to give the evidence, or produce the document or thing as the Commissioner requires, after that decision, under section 31.

Penalty: Imprisonment for 2 years.

A person commits an offence if:

the person has failed to give information or a statement, or produce a document or thing as required by the Commissioner under section 33; and

the Commissioner has decided under subsection 60(2) to reject a claim that the information or statement, document or thing (or the relevant part of the information, statement, document or thing) is subject to legal professional privilege; and

the person fails to give the information or statement, or produce the document or thing as the Commissioner requires, after that decision, under section 33.

Penalty: Imprisonment for 2 years.

A person commits an offence if:

the person is required under subsection 60(3) to give information or a statement, or produce a document or thing for inspection; and

the person fails to comply with the notice.

Penalty: Imprisonment for 2 years.

Reasonable excuse

Subsections (1), (2) and (3) do not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

Subject to subsection (6), something is a reasonable excuse for the purposes of subsection (4) for a person to refuse or fail to:

give information or a statement; or

produce a document or thing;

if the thing 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.

Legal professional privilege

It is not a reasonable excuse for the purposes of subsection (4) for a person to fail to give evidence, information or a statement, or produce a document or thing, that the evidence, information, statement, document or thing is subject to legal professional privilege, unless a court has found the evidence, information, statement, document or thing to be subject to legal professional privilege.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

Defence of relevance

It is a defence to a prosecution for an offence against this section constituted by a failure to give evidence, information or a statement, or produce a document or thing, if the evidence, information, statement, document or thing is not relevant to the matters into which the Commissioner is inquiring.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

62 Self-incrimination

An individual is not excused from giving evidence, information or a statement, or producing a document or thing, under section 31 or 33 on the ground that giving the evidence, information or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence.

Note: A body corporate is not entitled to claim the privilege against self-incrimination.

Subsection (1) does not apply if:

giving the evidence, information or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence; and

the individual has been charged with that offence; and

the charge has not been finally dealt with by a court or otherwise disposed of.

However:

the evidence, information or statement given or document or thing produced; and

the giving of the evidence, information or a statement, or the production of the document or thing;

are not admissible in evidence against the individual in any criminal proceedings, or proceedings before a service tribunal (within the meaning of the Defence Force Discipline Act 1982), other than proceedings:

for an offence against Part III of the Crimes Act 1914 that relates to this Act; or

for an offence against the Defence Force Discipline Act 1982 that relates to this Act; or

for an offence against this Act.

If, at general law, an individual would otherwise be able to claim the privilege against self-exposure to a penalty (other than a penalty for an offence) in relation to giving evidence, information or a statement, or producing a document or thing under section 31 or 33, the individual is not excused from giving the evidence, information or statement or producing the document or thing under those provisions on that ground.

Note: A body corporate is not entitled to claim the privilege against self-exposure to a penalty.

63 Failure to provide facilities or assistance

Entry to premises

A person commits an offence if:

the person is the occupier of premises entered by an authorised official under subsection 34(1); and

the person fails to provide the authorised official with all reasonable facilities and assistance for the effective exercise of the official’s powers.

Penalty: Imprisonment for 6 months.

Obtaining access to documents etc. by remote means

A person commits an offence if:

the person is given a notice under subsection 35(3); and

an authorised official exercises, or purports to exercise, a power under subsection 35(1) in accordance with the notice; and

the person fails to provide the authorised official with reasonable facilities and assistance for the effective exercise of the official’s powers.

Penalty: Imprisonment for 6 months.

Strict liability applies to paragraphs (2)(a) and (b).

Subsection (2) does not apply if providing the authorised official with reasonable facilities and assistance would pose an unacceptable risk to the security of any of the documents or other records held in electronic form, or otherwise the system where the documents or other records are stored.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

64 Victimisation of witnesses

Actually causing detriment to another person

(1) A person (the first person) commits an offence in relation to another person (the second person) if:

the first person engages in conduct; and

engaging in the conduct results in detriment to the second person; and

when the conduct is engaged in, the first person believes or suspects that the second person (or any other person) has done, may have done or intends to do, any of the following things:

give information to a person performing or exercising any function or power under this Act;

produce a document to a person performing or exercising any function or power under this Act;

provide advice or assistance to a person performing or exercising any function or power under this Act or a person assisting or advising such a person;

any other thing for the purpose of assisting in the performance of the Commissioner’s functions or exercise of the Commissioner’s powers; and

the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Penalty: Imprisonment for 1 year.

Threatening to cause detriment to another person

(2) A person (the first person) commits an offence in relation to another person (the second person) if:

the first person engages in conduct; and

engaging in the conduct consists of, or results in, a threat to cause detriment to the second person; and

the first person is reckless as to whether the second person fears that the threat would be carried out; and

when the conduct is engaged in, the first person believes or suspects that the second person (or any other person) has done, may have done or intends to do, any of the following things:

give information to a person performing or exercising any function or power under this Act;

produce a document to a person performing or exercising any function or power under this Act;

provide advice or assistance to a person performing or exercising any function or power under this Act or a person assisting or advising such a person;

any other thing for the purpose of assisting in the performance of the Commissioner’s functions or the exercise of the Commissioner’s powers; and

the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Note: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness: see subsection 5.4(4) of the Criminal Code.

Penalty: Imprisonment for 1 year.

Subsection (2) applies whether or not the threat mentioned in paragraph (2)(b) is:

express or implied; or

conditional or unconditional.

(4) In a prosecution for an offence against subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

Exceptions

Subsections (1) and (2) do not apply if the conduct engaged in by the first person is administrative action that is reasonable to protect the second person from detriment.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

No requirement to prove matters

In a prosecution for an offence against this section, it is not necessary to prove that any person has done, may have done or intends to do a thing mentioned in paragraph (1)(c) or (2)(d) (as applicable).

65 Protection for persons providing information to the Commissioner

This section applies in relation to a person if:

the person voluntarily provides, or makes available, information or documents to the Commissioner for the purposes of an inquiry under this Act; or

the person is served with a notice under section 31 or 33 and the person:

answers a question at a hearing that the Commissioner requires the person to answer; or

gives evidence, information or a statement that the person is required to give in accordance with the notice; or

produces a document or thing that the person is required to produce in accordance with the notice; or

the person discloses information in accordance with section 44 or 45.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

Person not liable to penalties or prosecution under other Commonwealth laws

The person is not (subject to subsection (5)) liable to a penalty or to be prosecuted for an offence under a provision of any other law of the Commonwealth for providing or making available the information, statement or documents.

Use immunity

The information, statement or documents, and the providing or making available of the information, statement or documents, are not (subject to subsection (5)) admissible in evidence against the person in any court or in any proceedings before a person authorised to hear evidence.

Legal professional privilege

The providing or making available of the information or documents does not affect any legal professional privilege that is, or may be, claimed by any person in relation to the information or documents.

Exceptions

Subsections (2) and (3) do not apply in relation to proceedings for an offence against:

(a) Crimes Act 1914 that relates to this Act; orPart III of the

(b) the Defence Force Discipline Act 1982 that relates to this Act; or

this Act.

66 Contempt of Commissioner

A person commits an offence if:

the person engages in conduct; and

the conduct obstructs or hinders the Commissioner in the performance of the Commissioner’s functions or exercise of the Commissioner’s powers.

Penalty: Imprisonment for 3 months.

A person commits an offence if:

the person engages in conduct; and

the conduct would, if the Commissioner were a court of record, constitute a contempt of that court.

Penalty: Imprisonment for 3 months.

67 False or misleading evidence or documents at a hearing

A person commits an offence if:

the person gives evidence, or produces a document, at a hearing; and

the person does so knowing that the evidence or document:

is false or misleading; or

omits any matter or thing without which the evidence or document is misleading.

Penalty: Imprisonment for 2 years.

Defences

Subsection (1) does not apply if the evidence or document is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person, or, in the case of a body corporate, by a competent officer of the body corporate:

stating that the document is, to the knowledge of the person or officer, false or misleading in a material particular; and

setting out, or referring to, the material particular in which the document is, to the knowledge of the person or officer, false or misleading.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

68 Unauthorised disclosure of draft inquiry reports etc.

A person commits an offence if:

the person receives any of the following:

a draft inquiry report;

a document relating to a preliminary finding or a proposed recommendation included in a draft inquiry report;

an extract from a report or document referred to in this paragraph; and

the person discloses any information in the report, document or extract.

Penalty: Imprisonment for 2 years.

Subsection (1) does not apply if the information is disclosed:

in a comment made in accordance with subsection 22(3) or (4); or

in a response given in accordance with subsection 23(1); or

to a lawyer for the purpose of obtaining legal advice in connection with making such a comment or giving such a response; or

to any of the following persons for the purposes of that person exercising the person’s powers, or performing the person’s functions:

(i) the Commonwealth Ombudsman or another officer Ombudsman Act 1976;within the meaning of subsection 35(1) of the

(ii) the Australian Information Commissioner, a member of the staff of the Office of the Australian Information Commissioner or a consultant engaged under the Australian Information Commissioner Act 2010;

(iii) the National Anti-Corruption Commissioner or a staff member of the NACC within the meaning of the National Anti-Corruption Commission Act 2022;

(iv) the Inspector of the National Anti-Corruption Commission or a person assisting the Inspector under National Anti-Corruption Commission Act 2022;section 194 of the

(v) the Inspector-General of the Australian Defence Force or a member of staff engaged under Defence Act 1903;section 110O of the

the Inspector-General of Intelligence and Security or an IGIS official.

Note: A defendant bears an evidential burden in relation to matters in this subsection: see subsection 13.3(3) of the Criminal Code.

69 Publication in contravention of non-publication direction

A person commits an offence if:

the person publishes information; and

the publication contravenes a direction under subsection 54(1).

Penalty: Imprisonment for 1 year.

Subsection (1) does not apply if the information has already lawfully been made available to the public.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3).

70 Unauthorised use or disclosure of protected information

A person commits an offence if:

the person is, or has been, an entrusted person; and

the person has obtained information in the person’s capacity as an entrusted person; and

the information is protected information; and

the person uses or discloses the information; and

none of the following apply:

the use or disclosure is for the purposes of performing functions or exercising powers under this Act;

if the person is the Commissioner—the information is disclosed in accordance with section 48, 49 or 50;

the information is disclosed in accordance with section 51.

Note: See Criminal Code for offences relating to secrecy of information.Part 5.6 of the

Penalty: Imprisonment for 2 years.

71 Simplified outline of this Part

This Part deals with administrative matters relating to the Commission, including the appointment of the Commissioner, the terms and conditions on which the Commissioner holds office and the staff of the Commission.

This Part also deals with the appointment of Deputy Commissioners and Assistant Commissioners.

72 Appointment of Commissioner

Appointment by Governor-General

The Commissioner is to be appointed by the Governor-General by written instrument.

Note: The Commissioner may be reappointed: see Acts Interpretation Act 1901.section 33AA of the

A person must not be appointed as the Commissioner unless the Minister is satisfied:

that the person has suitable qualifications, training or experience; and

that the person was assessed by a panel as suitable for the appointment through an assessment process that:

was merit-based; and

included public advertising of the position.

A person must not be appointed as the Commissioner if the person has been a member of the Australian Defence Force at any time in the last 5 years.

Basis of appointment

The Commissioner must be appointed on a full-time basis.

Period of appointment

The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note: The Commissioner may be reappointed: see Acts Interpretation Act 1901.section 33AA of the

73 Acting appointments

The Minister may, by written instrument, appoint a person to act as the Commissioner:

during a vacancy in the office of Commissioner (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Commissioner:

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

74 Remuneration and allowances

The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the rules.

The Commissioner is to be paid the allowances that are prescribed by the rules.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

75 Leave of absence

A Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.

The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

76 Other paid work

The Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the Minister’s approval.

77 Disclosure of interests

(1) A disclosure by the Commissioner under Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.section 29 of the

Subsection (1) applies in addition to any rules made for the purposes of that section.

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with subsection (1) of this section.

78 Resignation

The Commissioner may resign the Commissioner’s appointment by giving the Governor-General a written resignation.

The resignation takes effect on the day it is received by Governor-General or, if a later day is specified in the resignation, on that later day.

79 Termination of appointment

The Governor-General may terminate the appointment of the Commissioner:

for misbehaviour; or

if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity; or

if the Commissioner:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with the Commissioner’s creditors; or

makes an assignment of the Commissioner’s remuneration for the benefit of the Commissioner’s creditors; or

the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the Commissioner’s office (see section 76); or

(f) the Commissioner fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.section 29 of the

80 Other terms and conditions

The Commissioner holds office on the terms and conditions (if any) that are determined by the Governor-General in relation to matters not covered by this Act or the rules.

81 Deputy Commissioners

The Commissioner may, in writing, appoint a person as a Deputy Commissioner to assist the Commissioner in the performance of the Commissioner’s functions.

The Commissioner may also, in writing, appoint a person as a Deputy Commissioner to inquire into a specified matter as requested by the Minister under subsection 17(4).

A person must not be appointed as a Deputy Commissioner unless the Commissioner is satisfied that the person has appropriate skills and experience.

The Commissioner may appoint more than one person as a Deputy Commissioner.

A Deputy Commissioner must comply with any directions of the Commissioner.

A direction under subsection (5) is not a legislative instrument.

82 Assistant Commissioners

The Commissioner may, in writing, appoint a person as an Assistant Commissioner to assist the Commissioner in the performance of the Commissioner’s functions.

A person must not be appointed as an Assistant Commissioner unless the Commissioner is satisfied that the person has appropriate skills and experience.

The Commissioner may appoint more than one person as an Assistant Commissioner under subsection (1).

An Assistant Commissioner must comply with any directions of the Commissioner.

A direction under subsection (4) is not a legislative instrument.

83 Staff

(1) The staff of the Commission are to be persons engaged under the Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

the Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency; and

the Commissioner is the Head of that Statutory Agency.

84 Contractors

The Commissioner may, on behalf of the Commonwealth, engage persons under a written agreement to assist in the performance of the Commissioner’s functions.

85 Persons assisting

The Commissioner may be assisted by:

(a) officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth, whose services are made available to the Commissioner in connection with the performance of any of the Commissioner’s functions; and

persons whose services are made available under arrangements made under subsection (2).

The Commissioner may, on behalf of the Commonwealth, make an arrangement with the appropriate authority or officer of:

a State or Territory government; or

a State or Territory government authority;

under which the government or authority makes officers or employees available to the Commissioner to perform services in connection with the performance of any of the Commissioner’s functions.

An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person to whom the arrangement relates.

When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.

86 Consultants

The Commissioner may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Commissioner’s functions.

The consultants are to be engaged on the terms and conditions that the Commissioner determines in writing.

87 Annual report

(1) The annual report prepared by the Commissioner and given to the Minister under Public Governance, Performance and Accountability Act 2013 for a period must include information about:section 46 of the

the performance of the Commissioner’s functions during the period; and

the exercise of the Commissioner’s powers during the period.

Without limiting subsection (1), the annual report must include the following:

the number of inquiries under Division 2 of Part 3 started during the period;

the number of inquiries under Division 2 of Part 3 completed during the period;

the number of the following during the period:

summons served by the Commissioner under section 31;

notices served by the Commissioner under section 33;

times an authorised official entered premises under section 34;

times an authorised official accessed documents or other records by remote means under section 35;

search warrants applied for by the Commissioner and authorised members under section 36;

any other matter prescribed by the rules.

However, the annual report must not include information that the Commissioner is satisfied is:

intelligence information; or

operationally sensitive information; or

information that is personal and private, unless the individual to whom the information relates consents to the inclusion of the information in the report.

88 Simplified outline of this Part

This Part contains miscellaneous provisions.

89 Delegation by Commissioner—general

The Commissioner may, in writing and subject to subsection (4), delegate all or any of the Commissioner’s functions or powers under this Act to:

a Deputy Commissioner; or

an Assistant Commissioner; or

a member of the staff of the Commission referred to in section 83 who is an SES employee or acting SES employee.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

The Commissioner may, in writing, delegate the Commissioner’s functions or powers under subsection 52(2) (Commissioner may retain documents or things) to a member of the staff of the Commission referred to in section 83 who is:

classified as APS Level 6 or equivalent or higher; or

acting in a position usually occupied by an APS employee who is so classified.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

The Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers under the following provisions:

subsections 20(5) and (6) (Commissioner may invite submissions);

section 21 (submissions may be made publicly available);

subsection 52(3) (Commissioner may retain documents or things);

section 53 (when documents and things must be returned);

to a member of the staff of the Commission referred to in section 83 who is:

classified as Executive Level 2 or equivalent or higher; or

acting in a position usually occupied by an APS employee who is so classified.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Limits on delegations

Despite subsection (1) and subject to the Commissioner must not delegate the Commissioner’s functions or powers under the following provisions:section 90,

section 16 (inquiries on own initiative);

section 17 (inquiries into or advice on specified matters on request by Minister);

section 18 (inquiries into implementation of Defence and Veteran Suicide Royal Commission recommendations);

subsections 22(1) and (2) (draft inquiry reports);

section 24 (final inquiry reports);

section 25 (requirements for final inquiry reports);

section 27 (follow-up action on final inquiry report);

section 28 (certain information not to be included in inquiry reports);

section 29 (classified information reports);

section 30 (determining inquiry is a special inquiry);

section 34 (entry to premises);

section 35 (power to obtain access to documents etc. by remote means);

subsections 36(1) and (2) (search warrants);

section 37 (application for search warrants by telephone or electronic means);

section 46 (arrangements for obtaining and protecting intelligence information);

section 49 (Commissioner may disclose intelligence information);

section 50 (Commissioner may make public statements);

section 54 (non-publication directions);

section 60 (legal professional privilege);

section 87 (annual report).

Note: The Commissioner may delegate functions or powers under the provisions mentioned in subsection (4) to a Deputy Commissioner or an Assistant Commissioner for the purposes of a particular inquiry: see section 90.

Complying with directions

In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Commissioner.

90 Delegation by Commissioner—particular inquiry

Despite subsection 89(4), the Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers under the following provisions to a Deputy Commissioner or an Assistant Commissioner for the purposes of a particular inquiry:

Part 3;

Part 4 (other than section 46).

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Commissioner.

91 Eligible Judges

In this Act:

eligible Judge means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.

Judge means a person who is a Judge of a court created by the Parliament.

A Judge may by writing consent to be declared by the Attorney-General under subsection (3).

The Attorney-General may by writing declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Act.

92 Duty of accountable authority etc. to assist Commissioner

An accountable authority of a Commonwealth entity must ensure the Commonwealth entity uses its best endeavours to assist the Commissioner in the performance of the Commissioner’s functions.

An official of a Commonwealth entity must use the official’s best endeavours to assist the Commissioner in the performance of the Commissioner’s functions.

93 Protection of Commissioner etc.

The Commissioner, and any person acting under the direction or authority of the Commissioner, is not liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the performance or purported performance, or exercise or purported exercise, of a function or power conferred by this Act.

A legal practitioner assisting the Commissioner, a Deputy Commissioner or an Assistant Commissioner, or appearing on behalf of a person at a hearing before the Commissioner, Deputy Commissioner or Assistant Commissioner, has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

Subject to this Act, a person appearing as a witness at a hearing, or giving or producing information, evidence, a statement, a document or thing under section 31 or 33, has the same protection as a witness in proceedings in the High Court.

94 Administrative Review Tribunal

An application may be made to the Administrative Review Tribunal for review of a decision under subsection 60(2) to reject a claim for legal professional privilege.

95 Review of the operation of this Act

The Minister must cause an independent review of the operation of this Act to be conducted as soon as practicable after the end of the period of 3 years beginning on the day this Act commences.

Without limiting subsection (1), the review must consider the effectiveness of the functions and powers of the Commissioner and the Commission to achieve the object of this Act.

The persons who undertake the review must give the Minister a written report of the review before the end of the period of 6 months beginning on the day the review commences.

The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

96 Rules

The Minister may, by legislative instrument, make rules prescribing matters:

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

To avoid doubt, the rules may not do the following:

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

[Minister’s second reading speech made in—

House of Representatives on 27 November 2025

Senate on 3 March 2026]

(118/25)