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.

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

making recommendations, including recommendations relating to systemic reforms.

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.

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.

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.

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

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.

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).

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.

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.

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

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 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.

how to communicate an invitation; and

who may make a submission; and

how submissions may be made.

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

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.

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.

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.

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.

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 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.

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

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.

a statement setting out the finding or recommendation; and

a reasonable opportunity to respond to the finding or recommendation.

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.

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.

Provision of final inquiry report to certain persons and publication

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.

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.

(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.

take action that is adequate and appropriate in the circumstances;

take that action within a reasonable time.

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’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.

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

operationally sensitive information; or

intelligence information.

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

the information; and

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

must give the classified information report to the Minister; and

must not publish the report.

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.

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.

be signed by the Commissioner; and

be served on the person required to attend the hearing.

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.

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

administer an oath or affirmation to the witness.

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.

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.

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.

a government entity;

a Commonwealth contractor.

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.

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 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.

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.

the Commissioner; or

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

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.

a government entity;

a Commonwealth contractor.

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.

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.

the Commissioner; or

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

(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.

(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).

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.

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.

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.

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.

(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).

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.

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.

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 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.

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

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

(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.

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

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

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.

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 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.

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.

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 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

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

a criminal penalty; or

a civil or administrative penalty.

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 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

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

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

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.

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.

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.

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.

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.

Disclosure in the public interest

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.

(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

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

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.

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.

to do so at all reasonable times; and

to copy the document or thing.

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.

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.

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.

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.

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

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

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.

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

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.

Failure to give information, or produce a document or thing

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.

Reasonable excuse

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.

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

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.

Defences

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.

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.

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.

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.

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.

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.

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.

Reasonable excuse

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

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.

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.

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.

Obtaining access to documents etc. by remote means

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.

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.

Threatening to cause detriment to another person

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.

express or implied; or

conditional or unconditional.

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.

Person not liable to penalties or prosecution under other Commonwealth laws

(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.

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.

the person engages in conduct; and

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

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.

Defences

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.

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.

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.

the person publishes information; and

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

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.

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

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

the Commissioner is the Head of that Statutory Agency.

(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).

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.

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

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

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.

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.

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.

classified as APS Level 6 or equivalent or higher; or

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

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.

Limits on delegations

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).

Complying with directions

Part 3;

Part 4 (other than section 46).

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.

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)