Defence and Veterans’ Service Commissioner Act 2026

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.

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.

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;

the information is personal and private.

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.

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:

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.